REPORT TITLE:
False Identification 


DESCRIPTION:
Creates a class C felony offense for the manufacture or sale of
false identification. (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2436
TWENTIETH LEGISLATURE, 2000                                S.D. 1
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE PENAL CODE.



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

 1      SECTION 1.  The purpose of this Act is to create a class C
 
 2 felony offense for the manufacture and sale of false
 
 3 identification.  The legislature intends this Act to preempt any
 
 4 county ordinance to the contrary.  The legislature further
 
 5 intends that this Act be broadly interpreted to apply to the
 
 6 manufacture or sale of fake versions of a range of identification
 
 7 documents, including but not limited to state identification
 
 8 cards, driver licenses, birth certificates, passports, social
 
 9 security cards, and legislative identification cards.
 
10      It is the legislature's intent that the forms of
 
11 identification referred to in this Act also include intangible
 
12 forms of identification, including but not limited to electronic
 
13 or digital signatures, magnetically encoded identification
 
14 information, and identifications using voice or retinal scan.  It
 
15 is the legislature's further intent that this measure apply to
 
16 forms of identification that are not presently in use by any
 
17 state or national government, but that come into use in the
 
18 future.  The legislature does not intend the future application
 
19 of this measure to be limited to forms of identification that are
 
20 technologically feasible at the present time.
 

 
Page 2                                                     2436
                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1      SECTION 2.  Chapter 710, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "§710-   Trafficking of fraudulent identification;
 
 5 manufacture and sales.  (1)  A person commits the offense of
 
 6 trafficking of fraudulent identification if the person
 
 7 intentionally or knowingly manufactures or sells an
 
 8 identification card or other form of identification, whether
 
 9 tangible or intangible, that appears to a reasonable person to
 
10 be, but is not, an official form of identification issued by the
 
11 government of a state, the United States, or another nation.
 
12      (2)  Trafficking of fraudulent identification is a class C
 
13 felony.
 
14      (3)  Any personal property used to commit the offense of
 
15 trafficking of fraudulent identification shall be subject to
 
16 forfeiture under chapter 712A."
 
17      SECTION 3.  This Act shall take effect upon its approval.