STAND. COM. REP. NO. 2134

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 2664

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

 

Madam:

 

     Your Committee on Economic Development and Technology, to which was referred S.B. No. 2664 entitled:

 

"A BILL FOR AN ACT RELATING TO IDENTITY THEFT,"

 

begs leave to report as follows:

 

     The purpose of this measure is to amend the offenses of identity theft and the definition of "personal information" in chapter 708, Hawaii Revised Statutes, to clarify that the offenses of identity theft include the transmission of personal information of an actual person, alive or dead, or a fictitious person.

 

     Testimony in support of this measure was submitted by the Department of the Attorney General; Department of the Prosecuting Attorney, City and County of Honolulu; Police Department, City and County of Honolulu; Office of the Prosecuting Attorney, County of Kauai; and Office of the Prosecuting Attorney, County of Hawaii.

 

     Written testimony presented to the Committee may be reviewed on the Legislature's website.

 

     Your Committee finds that this measure will help protect the public from being victimized by offenders who use the personal information of fictitious or dead persons to commit identity theft.  As a result of the Hawaii Supreme Court's decision in State v. Woodfall, 120 Haw. 387 (2009), state and county prosecutors currently cannot pursue identity theft cases involving the transmission of personal information of a fictitious person.  Identity Theft in the Second Degree currently requires the transmission of personal information of an actual person, regardless of the definition of "personal information."  This measure resolves the conflict by amending the definition of "personal information", and clarifying the provisions of Identity Theft in the First, Second, and Third Degrees.

 

     Your Committee is in strong support of this measure to strengthen Hawaii's identity theft law.

 

     As affirmed by the record of votes of the members of your Committee on Economic Development and Technology that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2664 and recommends that it pass Second Reading and be referred to the Committee on Judiciary and Government Operations.

 

Respectfully submitted on behalf of the members of the Committee on Economic Development and Technology,

 

 

 

____________________________

CAROL FUKUNAGA, Chair