Report Title:

Vital Statistics Records; Disclosure

Description:

Authorizes the Department of Health to provide certain public health records to law enforcement officers to facilitate criminal investigations.

HOUSE OF REPRESENTATIVES	H.B. NO.	1026
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE DISCLOSURE OF VITAL STATISTICS RECORDS TO LAW ENFORCEMENT OFFICERS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  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 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

SECTION 3.  This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________
	By Request