SB2696

Report Title:

Identity

Description:

Provides criminal penalties for those who steal the identity of another, and for those who obtain identity documents under false pretenses or use a false or fictitious identity.

THE SENATE	S.B. NO.	2696
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO IDENTITY.

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

SECTION 1. Chapter 708, Hawaii Revised Statutes, is amended by adding to part IV three new sections to be appropriately designated and to read as follows:

"§708- Identity theft in the first degree. (1) A person commits the offense of identity theft in the first degree if that person makes or causes to be made, either directly or indirectly, a transmission of any personal information of another by any oral statement, any written statement, or any statement conveyed by any electronic means, with the intent to:

(a) Facilitate the commission of a murder in any degree, a class A felony, kidnapping, unlawful imprisonment in any degree, extortion in any degree, any offense in violation of chapter 134, criminal property damage in the first or second degree, escape in any degree, any offense in violation of part VI of chapter 710, riot, or any violation of chapter 842; or

(b) Commit the offense of theft in the first degree from the person whose personal information is used, or from any other person or entity.

(2) Identity theft in the first degree is a class A felony.

§708- Identity theft in the second degree. (1) A person commits the offense of identity theft in the second degree if that person makes or causes to be made, either directly or indirectly, a transmission of any personal information of another by any oral statement, any written statement, or any statement conveyed by any electronic means, with the intent to commit the offense of theft in the second degree from the person whose personal information is used, or from any other person or entity.

(2) Identity theft in the second degree is a class B felony.

§708- Identity theft in the third degree. (1) A person commits the offense of identity theft in the third degree if that person makes or causes to be made, either directly or indirectly, a transmission of any personal information of another by any oral statement, any written statement, or any statement conveyed by any electronic means, with the intent to commit the offense of theft in the third or fourth degree from the person whose personal information is used, or from any other person or entity.

(2) Identity theft in the third degree is a class C felony."

SECTION 2. Chapter 710, Hawaii Revised Statutes, is amended by adding to part V three new sections to be appropriately designated and to read as follows:

"§710- Obtaining a government-issued identification document under false pretenses in the first degree. (1) A person commits the offense of obtaining a government-issued identification document under false pretenses in the first degree if that person, with intent to mislead a public servant and intent to facilitate a felony, obtains an identification document issued by the State of Hawaii or any political subdivision thereof by:

(a) Making any statement, oral or written, that the person does not believe to be true, in an application for any identification document issued by the State of Hawaii or any political subdivision thereof; or

(b) Submitting or inviting reliance on any writing that the person knows to be falsely made, completed, or altered.

(2) Obtaining a government-issued identification document under false pretenses in the first degree is a class C felony.

§710- Obtaining a government-issued identification document under false pretenses in the second degree. (1) A person commits the offense of obtaining a government-issued identification document under false pretenses in the second degree if that person, with intent to mislead a public servant, obtains an identification document issued by the State of Hawaii or any political subdivision thereof by:

(b) Submitting or inviting reliance on any writing that the person knows to be falsely made, completed, or altered.

(2) Obtaining a government-issued identification document under false pretenses in the second degree is a misdemeanor.

§710- Deceptive use of a fictitious identity. (1) A person commits the offense of deceptive use of a fictitious identity if that person, with the intent to deceive the person or entity to whom the statement is directed, makes or causes to be made, either directly or indirectly, by any oral statement, any written statement, or any statement conveyed by any electronic means, a transmission of fictitious personal information of a person purported to be real but who is fictitious.

(2) Deceptive use of a fictitious identity is a misdemeanor."

SECTION 3. Section 286-131, Hawaii Revised Statutes, is amended to read as follows:

"§286-131 Unlawful use of license. No person shall:

(1) Display or permit to be displayed or have in the person's possession any canceled, revoked, or suspended[~~, fictitious, or fraudulently altered]~~ driver's license;

(2) Lend the person's driver's license to any other person or knowingly permit the use thereof by another;

(3) Display or represent as one's own any driver's license not issued to the person;

(4) Fail or refuse to surrender to the examiner of drivers, upon the examiner's lawful demand, any driver's license that has been suspended, revoked, or canceled;

[~~(5)~~ ~~Use a false or fictitious name in any application for a driver's license or knowingly make a false statement or knowingly conceal a material fact, or otherwise commit a fraud in any such application;~~] or

[(6)] (5) Use or have in the person's possession any reproduction, imitation, or facsimile of any driver's license or any identification with the appearance of a driver's license."

SECTION 4. Section 708-800, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Personal information" means information associated with an actual person or a fictitious person that is a name, an address, a telephone number, an electronic mail address, a driver’s license number, a social security number, an employer, a place of employment, information related to employment, an employee identification number, a mother’s maiden name, an identifying number of a depository account, a bank account number, a password used for accessing information, or any other name, number, or code that is used, alone or in conjunction with other information, to confirm the identity of an actual or a fictitious person."

SECTION 5. Section 710-1000, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Personal information" means information associated with an actual person that is a name, an address, a telephone number, an electronic mail address, a driver’s license number, a social security number, an employer, a place of employment, information related to employment, an employee identification number, a mother’s maiden name, an identifying number of a depository account, a bank account number, a password used for accessing information, or any other name, number, or code that is used, alone or in conjunction with other information, to confirm the identity of an actual or a fictitious person."

SECTION 6. Section 846-36, Hawaii Revised Statutes, is amended to read as follows:

"§846-36 [~~Violations, penalties.~~ Any person who (1) knowingly furnishes any false or untruthful information or answer validly required under this part; (2) violates or without adequate excuse fails to comply with any requirement of this part or of any rule issued pursuant thereto, which is legally applicable to the person, and for which no other penalty is specifically prescribed by this part; or (3) without adequate excuse, fails to perform any act lawfully required to be performed by the person pursuant to this part or such rules shall be fined not more than $500, or imprisoned not more than six months, or both.] Misuse of certificate of identification. (a) A person commits the offense of misuse of certificate of identification if the person intentionally or knowingly:

(1) Alters, defaces, or destroys any certificate of identification;

(2) Except as specifically authorized by this part, gives the registrant's certificate of identification to another person; or

(3) After finding or coming into possession of the certificate of identification of any other person, fails to promptly return the certificate of identification to the owner.

(b) Misuse of certificate of identification is a petty misdemeanor."

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________