SB2963

SECTION 1. Chapter 710, Hawaii Revised Statutes, is amended by adding to part II a new section to be appropriately designated and to read as follows:

"§710- Obstruction of criminal investigations. (1) A person commits the offense of obstruction of criminal investigations if the person does the following:

(a) Uses force upon another person;

(b) Makes threats directed at any other person; or

with intent to obstruct, prevent or delay the communication of information relating to a violation of any criminal statute of this State by any person to a law enforcement officer or prosecutor.

(2) "Threat" as used in this section means any threat proscribed by section 707-764(1).

(3) Obstruction of criminal investigations is a class C felony."

SECTION 2. Section 338-18, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The department shall not permit inspection of public health statistics records, or issue a certified copy of any such record or part thereof, unless it is satisfied that the applicant has a direct and tangible interest in the record. The following persons shall be considered to have a direct and tangible interest in a public health statistics record:

(1) The registrant;

(2) The spouse of the registrant;

(3) A parent of the registrant;

(4) A descendant of the registrant;

(5) A person having a common ancestor with the registrant;

(6) A legal guardian of the registrant;

(7) A person or agency acting on behalf of the registrant;

(8) A personal representative of the registrant's estate;

(9) A person whose right to inspect or obtain a certified copy of the record is established by an order of a court of competent jurisdiction;

(10) Adoptive parents who have filed a petition for adoption and who need to determine the death of one or more of the prospective adopted child's natural or legal parents;

(11) A person who needs to determine the marital status of a former spouse in order to determine the payment of alimony;

(12) A person who needs to determine the death of a nonrelated co-owner of property purchased under a joint tenancy agreement; [~~and~~]

(13) A person who needs a death certificate for the determination of payments under a credit insurance policy[.]; and

(14) A law enforcement officer, as defined by section 710-1000(13), who needs vital statistics records as evidence in a criminal investigation, provided that the law enforcement officer requests the vital statistics records by providing identification and submitting to the department a signed statement verifying, under penalty of criminal prosecution for false swearing in official matters, (A) that the officer is a law enforcement officer as defined by section 710-1000(13), (B) that the officer is acting in the officer’s official capacity, and (C) that the vital statistics records are needed as evidence in a criminal investigation."

SECTION 3. Section 706-606.5, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) Notwithstanding section 706-669 and any other law to the contrary, any person convicted of murder in the second degree, any class A felony, any class B felony, or any of the following class C felonies: section 188-23 relating to possession or use of explosives, electrofishing devices, and poisonous substances in state waters; section 386-98(d)(1) relating to fraud violations and penalties; section 431:10A-131(b)(2) relating to insurance fraud; section 431:10C-307.7(b)(2) relating to insurance fraud; section 432:1-106(b)(2) relating to insurance fraud; section 432D-18.5(b)(2) relating to insurance fraud; section 707-703 relating to negligent homicide in the second degree; section 707-711 relating to assault in the second degree; section 707-713 relating to reckless endangering in the first degree; section 707-716 relating to terroristic threatening in the first degree; section 707-721 relating to unlawful imprisonment in the first degree; section 707-732 relating to sexual assault or rape in the third degree; section 707-752 relating to promoting child abuse in the third degree; section 707-757 relating to electronic enticement of a child in the second degree; section 707-766 relating to extortion in the second degree; section 708-811 relating to burglary in the second degree; section 708-821 relating to criminal property damage in the second degree; section 708-831 relating to theft in the first degree as amended by Act 68, Session Laws of Hawaii 1981; section 708-831 relating to theft in the second degree; section 708-835.5 relating to theft of livestock; section 708-836 relating to unauthorized control of propelled vehicle; section 708-839.8 relating to identity theft in the third degree; section 708-839.55 relating to unauthorized possession of confidential personal information; section 708-852 relating to forgery in the second degree; section 708-854 relating to criminal possession of a forgery device; section 708-875 relating to trademark counterfeiting; [~~section 710-1071 relating to intimidating a witness;~~] section 711-1103 relating to riot; section 712-1203 relating to promoting prostitution in the second degree; section 712-1221 relating to gambling in the first degree; section 712-1224 relating to possession of gambling records in the first degree; section 712-1243 relating to promoting a dangerous drug in the third degree; section 712-1247 relating to promoting a detrimental drug in the first degree; section 134-7 relating to ownership or possession of firearms or ammunition by persons convicted of certain crimes; section 134-8 relating to ownership, etc., of prohibited weapons; section 134-9 relating to permits to carry, or who is convicted of attempting to commit murder in the second degree, any class A felony, any class B felony, or any of the class C felony offenses enumerated above and who has a prior conviction or prior convictions for the following felonies, including an attempt to commit the same: murder, murder in the first or second degree, a class A felony, a class B felony, any of the class C felony offenses enumerated above, or any felony conviction of another jurisdiction, shall be sentenced to a mandatory minimum period of imprisonment without possibility of parole during such period as follows:

(a) One prior felony conviction:

(i) Where the instant conviction is for murder in the second degree or attempted murder in the second degree--ten years;

(ii) Where the instant conviction is for a class A felony--six years, eight months;

(iii) Where the instant conviction is for a class B felony--three years, four months;

(iv) Where the instant conviction is for a class C felony offense enumerated above--one year, eight months;

(b) Two prior felony convictions:

(i) Where the instant conviction is for murder in the second degree or attempted murder in the second degree--twenty years;

(ii) Where the instant conviction is for a class A felony--thirteen years, four months;

(iii) Where the instant conviction is for a class B felony--six years, eight months;

(iv) Where the instant conviction is for a class C felony offense enumerated above--three years, four months;

(i) Where the instant conviction is for murder in the second degree or attempted murder in the second degree--thirty years;

(ii) Where the instant conviction is for a class A felony--twenty years;

(iii) Where the instant conviction is for a class B felony--ten years;

(iv) Where the instant conviction is for a class C felony offense enumerated above--five years."

SECTION 4. Section 707-701.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§707-701.5[]] Murder in the second degree. (1) Except as provided in section 707-701, a person commits the offense of murder in the second degree if the person [~~intentionally~~]:

(a) Intentionally or knowingly causes the death of another person[.]; or

(b) With the intent to do serious bodily injury to any person, performs acts that cause the death of another person; or

(c) Intentionally or knowingly performs acts that create a strong probability of death to any person, and such acts cause the death of another person; or

(d) Intentionally or knowingly performs acts that create a strong probability of serious bodily injury to any person, and such acts cause the death of another person.

(2) Murder in the second degree is a felony for which the defendant shall be sentenced to imprisonment as provided in section 706-656."

SECTION 5. Section 710-1017, Hawaii Revised Statutes, is amended to read as follows:

"§710-1017 Tampering with a government record. (1) A person commits the offense of tampering with a government record if:

(a) The person knowingly and falsely makes, completes, or alters, or knowingly makes a false entry in, a written instrument which is or purports to be a government record or a true copy thereof; or

(b) The person knowingly presents or uses a written instrument which is or purports to be a government record or a true copy thereof, knowing that it has been falsely made, completed, or altered, or that a false entry has been made therein, with intent that it be taken as genuine; or

(c) The person knowingly records, registers, or files, or offers for recordation, registration, or filing, in a governmental office or agency, a written statement which has been falsely made, completed, or altered, or in which a false entry has been made, or which contains a false statement or false information; or

(d) Knowing the person lacks the authority to do so:

(i) The person intentionally destroys, mutilates, conceals, removes, or otherwise impairs the availability of any government records; or

(ii) The person refuses to deliver up a government record in the person's possession upon proper request of a public servant entitled to receive such record for examination or other purposes.

(2) For the purpose of this section, "government record" includes all official books, papers, written instruments, or records created, issued, received, or kept by any governmental office or agency or required by law to be kept by others for the information of the government.

(3) [~~Tampering~~] Except as provided in subsection (4), tampering with a government [~~records~~] record is a misdemeanor.

(4) Any person who commits the offense of tampering with a government record with the intent to impede, obstruct, or mislead a public servant in the performance of any governmental function, including but not limited to any administrative or criminal investigation or related official proceeding, shall be guilty of a class C felony."

SECTION 6. Section 710-1060, Hawaii Revised Statutes, is amended by amending subsection (3) to read as follows:

"(3) Perjury is a class [C] B felony."

SECTION 7. Section 710-1061, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:

"(2) False swearing in official matters is a [~~misdemeanor.~~] class C felony."

SECTION 8. Section 710-1062, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:

"(2) False swearing is a [~~petty~~] misdemeanor."

SECTION 9. Section 710-1071, Hawaii Revised Statutes, is amended by amending subsection (3) to read as follows:

"(3) Intimidating a witness is a class [C] B felony."

SECTION 10. Section 710-1072, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:

"(2) Tampering with a witness is a [~~misdemeanor.~~] class C felony."

SECTION 11. Section 710-1072.2, Hawaii Revised Statutes, is amended by amending subsection (3) to read as follows:

"(3) Retaliating against a witness is a class [C] B felony."

SECTION 12. Section 710-1075.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§710-1075.5[]] Retaliating against a juror. (1) A person commits the offense of retaliating against a juror if the person uses force upon or threatens a juror or another person or damages the property of a juror or another person because of the vote, opinion, decision, or other action of the juror in an official proceeding.

(2) "Threaten" as used in this section means any threat proscribed in sections 707-764(1) and 707-764(2).

(3) Retaliating against a juror is a class [C] B felony."

SECTION 13. Section 710-1076, Hawaii Revised Statutes, is amended by amending subsection (3) to read as follows:

"(3) Tampering with physical evidence is a [~~misdemeanor.~~] class C felony."

SECTION 14. Section 802E-2, Hawaii Revised Statutes, is amended to read as follows:

"[[]§802E-2[]] Court advisement concerning alien status required. [~~Prior to acceptance~~] Upon entry of a plea of guilty or nolo contendere to any offense punishable as a crime under state law, except offenses designated as infractions under state law, the court shall [~~administer the following advisement on the record~~ ~~to the defendant: If you are~~] address the defendant personally in open court and determine that the defendant understands that if the defendant is not a citizen of the United States, [~~you are hereby advised that conviction of the offense for which you have been charged~~] a conviction or a plea of guilty or no contest, whether acceptance of the plea is deferred or not, may have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States. Upon request, the court shall allow the defendant additional time to consider the appropriateness of the plea in light of the advisement as described in this section."

SECTION 15. Section 806-83, Hawaii Revised Statutes, is amended by amending subsection (a), as effective until June 30, 2008, to read as follows:

"(a) Criminal charges may be instituted by written information for a felony when the charge is a class C felony under section 19-3.5 (voter fraud); section 128D-10 (knowing releases); section 132D-14(a)(1), (2)(A), and (3)[,] (penalties for failure to comply with requirements of sections 132D-7, 132D-10, and 132D-16); section 134-24 (place to keep unloaded firearms other than pistols and revolvers); section 134-7(a) and (b) (ownership or possession prohibited); section 134-8 (prohibited ownership); section 134-9 (licenses to carry); section 134-17(a) (relating to false information or evidence concerning psychiatric or criminal history); section 134-51 (deadly weapons); section 134-52 (switchblade knives); section 134-53 (butterfly knives); section 188-23 (possession or use of explosives, electrofishing devices, and poisonous substances in state waters prohibited); section 231-34 (attempt to evade or defeat tax); section 231-36 (false and fraudulent statements); section 245-37 (sale or purchase of packages of cigarettes without stamps); section 245-38 (vending unstamped cigarettes); section 245-51 (sale of export cigarettes prohibited); section 245-52 (alteration of packaging prohibited); section 291C-12.5 (accidents involving substantial bodily injury); section 291E-61.5 (habitually operating a vehicle under the influence of an intoxicant); section 329-41 (prohibited acts B); section 329-42 (prohibited acts C); section 329-43.5 (prohibited acts related to drug paraphernalia); section 329C-2 (manufacture, distribution, or possession with intent to distribute an imitation controlled substance to a person under eighteen years of age); section 346-34(d)(2) and (e) (fraud involving food stamps or coupons with a value exceeding $300); section 346-43.5 (medical assistance fraud); section 383-141 (falsely obtaining benefits); section 431:10C-307.7 (insurance fraud); section 482D-7 (violation of fineness standards and stamping requirements); section 485-8 (registration of securities); section 485-14 (registration of dealers, investment advisers, salespersons, and investment adviser representatives); section 485-25 (fraudulent and other prohibited practices); section 707-703 (negligent homicide in the second degree); section 707-705 (negligent injury in the first degree); section 707-711 (assault in the second degree); section 707-713 (reckless endangering in the first degree); section 707-721 (unlawful imprisonment in the first degree); section 707-726 (custodial interference in the first degree); section 707-757 (electronic enticement of a child in the second degree); section 707-766 (extortion in the second degree); section 708-811 (burglary in the second degree); section 708-812.6 (unauthorized entry in a dwelling); section 708-821 (criminal property damage in the second degree); section 708-831 (theft in the second degree); section 708-833.5 (shoplifting); section 708-835.5 (theft of livestock); section 708-836 (unauthorized control of propelled vehicle); section 708-836.5 (unauthorized entry into motor vehicle); section

708-839.5 (theft of utility services); section 708-839.55 (unauthorized possession of confidential personal information); section 708-839.8 (identity theft in the third degree); section 708-852 (forgery in the second degree); section 708-854 (criminal possession of a forgery device); section 708-858 (suppressing a testamentary or recordable instrument); section 708-875 (trademark counterfeiting); section 708-891.5 (computer fraud in the second degree); section 708-892.5 (computer damage in the second degree); section 708-895.6 (unauthorized computer access in the second degree); section 708-8100 (fraudulent use of a credit card); section 708-8102 (theft/forgery of credit cards); section 708-8103 (credit card fraud by a provider of goods or services); section 708-8104 (possession of unauthorized credit card machinery or incomplete cards); section 708-8200 (cable television service fraud in the first degree); section 708-8202 (telecommunication service fraud in the first degree); section 709-903.5 (endangering the welfare of a minor in the first degree); section 709-906 (abuse of family or household members); section 710- (obstruction of criminal investigations); section 710-1016.3 (obtaining a government-issued identification document under false pretenses in the first degree); section 710-1016.6 (impersonating a law enforcement officer in the first degree); section 710-1017.5 (sale or manufacture of deceptive identification document); section 710-1017(4) (tampering with a government record); section 710-1018 (securing the proceeds of an offense); section 710-1021 (escape in the second degree); section 710-1023 (promoting prison contraband in the second degree); section 710-1024 (bail jumping in the first degree); section 710-1029 (hindering prosecution in the first degree); [~~section 710-1060 (perjury);~~] section 710-1061 (false swearing in official matters); section 710-1072 (tampering with a witness); section 710-1072.5 (obstruction of justice); section 710-1076 (tampering with physical evidence); section 711-1103 (riot); section 711-1109.3 (cruelty to animals/fighting dogs); section 711-1110.9 (violation of privacy in the first degree); section 711-1112 (interference with the operator of a public transit vehicle); section 712-1221 (promoting gambling in the first degree); section 712-1222.5 (promoting gambling aboard ships); section 712-1224 (possession of gambling records in the first degree); section 712-1243 (promoting a dangerous drug in the third degree); section 712-1246 (promoting a harmful drug in the third degree); section 712-1247 (promoting a detrimental drug in the first degree); section 712-1249.6 (promoting a controlled substance in, on, or near schools or school vehicles); section 803-42 (interception, access, and disclosure of wire, oral, or electronic communications, use of pen register, trap and trace device, and mobile tracking device prohibited); section 844D-111(b) (refusal or failure to provide specimen for forensic identification); or section [~~846E-9(b)~~] 846E-9 (failure to comply with covered offender registration requirements)."

SECTION 16. Section 806-83, Hawaii Revised Statutes, is amended by amending subsection (a), as effective on July 1, 2008, to read as follows:

485A-402 (registration of agents); section 485A-403 (registration of investment advisors); section 485A-404 (registration of investment advisor representatives); section 485A-405 (registration of federal covered investment advisors); section 485A-501 (general fraud); section 485A-502 (prohibited conduct in providing investment advice); section 707-703 (negligent homicide in the second degree); section 707‑705 (negligent injury in the first degree); section 707-711 (assault in the second degree); section 707-713 (reckless endangering in the first degree); section 707-721 (unlawful imprisonment in the first degree); section 707-726 (custodial interference in the first degree); section 707-757 (electronic enticement of a child in the second degree); section 707-766 (extortion in the second degree); section 708-811 (burglary in the second degree); section 708-812.6 (unauthorized entry in a dwelling); section 708-821 (criminal property damage in the second degree); section 708-831 (theft in the second degree); section 708-833.5 (shoplifting); section 708-835.5 (theft of livestock); section 708-836 (unauthorized control of propelled vehicle); section 708-836.5 (unauthorized entry into motor vehicle); section

708-839.5 (theft of utility services); section 708-839.55 (unauthorized possession of confidential personal information); section 708-839.8 (identity theft in the third degree); section 708-852 (forgery in the second degree); section 708-854 (criminal possession of a forgery device); section 708-858 (suppressing a testamentary or recordable instrument); section 708-875 (trademark counterfeiting); section 708-891.5 (computer fraud in the second degree); section 708-892.5 (computer damage in the second degree); section 708-895.6 (unauthorized computer access in the second degree); section 708-8100 (fraudulent use of a credit card); section 708-8102 (theft/forgery of credit cards); section 708-8103 (credit card fraud by a provider of goods or services); section 708-8104 (possession of unauthorized credit card machinery or incomplete cards); section 708-8200 (cable television service fraud in the first degree); section 708-8202 (telecommunication service fraud in the first degree); section 709-903.5 (endangering the welfare of a minor in the first degree); section 709-906 (abuse of family or household members); section 710- (obstruction of criminal investigations); section 710-1016.3 (obtaining a government-issued identification document under false pretenses in the first degree); section 710-1016.6 (impersonating a law enforcement officer in the first degree); section 710-1017(4) (tampering with a government record); section 710-1017.5 (sale or manufacture of deceptive identification document); section 710‑1018 (securing the proceeds of an offense); section 710-1021 (escape in the second degree); section 710-1023 (promoting prison contraband in the second degree); section 710‑1024 (bail jumping in the first degree); section 710-1029 (hindering prosecution in the first degree); [~~section 710-1060 (perjury);~~] section 710-1061 (false swearing in official matters); section 710-1072 (tampering with a witness); section 710-1072.5 (obstruction of justice); section 710-1076 (tampering with physical evidence); section 711-1103 (riot); section 711-1109.3 (cruelty to animals/fighting dogs); section 711-1110.9 (violation of privacy in the first degree); section 711-1112 (interference with the operator of a public transit vehicle); section 712-1221 (promoting gambling in the first degree); section 712-1222.5 (promoting gambling aboard ships); section 712-1224 (possession of gambling records in the first degree); section 712-1243 (promoting a dangerous drug in the third degree); section 712-1246 (promoting a harmful drug in the third degree); section 712-1247 (promoting a detrimental drug in the first degree); section 712-1249.6 (promoting a controlled substance in, on, or near schools or school vehicles); section 803-42 (interception, access, and disclosure of wire, oral, or electronic communications, use of pen register, trap and trace device, and mobile tracking device prohibited); section 844D-111 (refusal or failure to provide specimen for forensic identification); or section [~~846E-9(b)~~] 846E-9 (failure to comply with covered offender registration requirements)."

SECTION 17. Section 806-83, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Criminal charges may be instituted by written information for a felony when the charge is a class B felony under section 134-23 (place to keep loaded firearms other than pistols and revolvers); section 134-25 (place to keep pistol or revolver); section 134-26 (carrying or possessing a loaded firearm on a public highway); section 134-7(b) (ownership or possession prohibited); section 329-43.5 (prohibited acts related to drug paraphernalia); section 708-810 (burglary in the first degree); section 708-830 (theft in the first degree); section 708‑839.7 (identity theft in the second degree); section 708-851 (forgery in the first degree); section 708-891 (computer fraud in the first degree); section 708-892 (computer damage in the first degree); section 710-1060 (perjury); section 710-1071 (intimidating a witness); 710-1072.2 (retaliating against a witness); 710-1075.5 (retaliating against a juror); section 712-1240.8 (methamphetamine trafficking in the second degree); section 712-1242 (promoting a dangerous drug in the second degree); section 712-1245 (promoting a harmful drug in the second degree); or section 712-1249.5 (commercial promotion of marijuana in the second degree)."

SECTION 18. Section 844D-35, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The person shall have any required blood specimens[~~, samples, or print impressions~~] collected within twenty working days of being notified by the court[,] or a law enforcement agency or other entity authorized by the department. The buccal swab samples or print impressions shall be collected from the person at any time after the person is notified by the court or a law enforcement agency or other entity authorized by the department. The specimens, samples, or print impressions shall be collected in accordance with section 844D-21 at a correctional facility or a state, county, private, or other facility designated for this collection."

SECTION 19. Section 844D-37, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) If the person is not confined, the blood specimens[~~, samples, or print impressions~~] required by this chapter shall be provided within twenty working days after the person reports to the supervising agent or within five calendar days of notice to the person, whichever occurs first. The buccal swab samples or print impressions required by this chapter shall be provided after the person reports to the supervising agent or after the person is notified of the samples and impressions required by this chapter, whichever occurs first. The person shall report to a correctional facility in the county where the person resides or temporarily is located to have the specimens, samples, or print impressions collected pursuant to this chapter. The specimens, samples, or print impressions shall be collected in accordance with this chapter."

SECTION 20. Section 844D-111, Hawaii Revised Statutes, is amended to read as follows:

"§844D-111 Refusal or failure to provide specimen for forensic identification. (a) A person commits the offense of refusal or failure to provide specimen for forensic identification if the person is required by this chapter to provide any blood specimens, buccal swab samples, or print impressions and [~~intentionally or~~] knowingly or negligently refuses or fails to provide any of the required blood specimens, buccal swab samples, or print impressions after the person has received written notice from the department, the department of public safety, any law enforcement personnel, or an officer of the court that the person is required to provide each and every one of the blood specimens, buccal swab samples, and print impressions required by this chapter.

(b) Any person who knowingly violates subsection (a) shall be guilty of a class C felony.

[~~(b)~~] (c) Any person who negligently [~~or recklessly fails to comply with this section~~] violates subsection (a) shall be guilty of a misdemeanor."

SECTION 21. Section 14 of this Act shall apply only to pleas entered or accepted after the effective date of this Act. Nothing in section 14 shall require the vacation of judgment and withdrawal of the plea or constitute grounds for finding a prior conviction invalid with respect to pleas entered or accepted prior to the effective date of this Act.

     SECTION 22.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

SECTION 23. This Act shall take effect upon its approval, except that section 16 shall take effect on July 1, 2008.

INTRODUCED BY:

_____________________________

BY REQUEST

THE SENATE	S.B. NO.	2963
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII