False Identification

Requires any replica or false identification document produced or
sold in Hawaii to clearly state that document is not authentic.
Prohibits persons age 18 to 21 from using false identification to
buy alcohol, enter an adult establishment, or obtain employment
to sell alcohol on licensed premises; $500 fine.

HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The legislature finds that false identification
 2 documents are being sold or distributed in Hawaii that may allow
 3 persons under the age of twenty-one to purchase alcohol or to
 4 enter an establishment that is restricted for minors.  These
 5 documents include realistic replicas of state identification
 6 cards of other states.  Some of these documents may state that
 7 they are not genuine.  However, this information is often
 8 included on the back of the card in very small print.  The
 9 purpose of this Act is to:
10      (1)  Increase the penalty for persons between the ages of
11           eighteen and twenty-one who possess alcohol or use
12           false identification to purchase alcohol;
13      (2)  Establish a penalty for persons between the ages of
14           eighteen and twenty-one who use false identification to
15           enter or attempt to enter an establishment where minors
16           are not allowed;
17      (3)  Clarify the law regarding forgery to clearly state that
18           forgery includes making a false identification
19           document, if the intended use of the document is to

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                                     H.B. NO.           

 1           defraud or affect a legal right; and
 2      (4)  Require that any identification document produced or
 3           distributed in Hawaii that is not issued by a federal,
 4           state, or county agency, and that may be used to
 5           determine age, shall be clearly labeled as not
 6           authentic.
 7      SECTION 2.  Chapter 846, Hawaii Revised Statutes, is amended
 8 by adding a new section to be appropriately designated and to
 9 read as follows:
10      "846-    False identification documents.  Any
11 identification document produced, sold, or distributed in the
12 State that may be used to determine the age of the person
13 identified, and which is not issued by a federal, state, or
14 county agency, shall clearly state that the document is not valid
15 as authentic identification.  This designation shall be on the
16 front face of the document in bold capital letters no less than
17 one-fourth of an inch high and must read:  "NOT AN AUTHENTIC
18 I.D.""
19      SECTION 3.  Section 281-101.5, Hawaii Revised Statutes, is
20 amended by amending subsections (c) and (d) to read as follows:
21      "(c)  No minor shall falsify any identification or use any
22 false identification or identification of another person or of a
23 fictitious person for the purpose of [buying]:

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                                     H.B. NO.           

 1      (1)  Buying or attempting to buy liquor [or for the purpose
 2           of obtaining];
 3      (2)  Entering or attempting to enter an establishment where
 4           minors are not allowed; or
 5      (3)  Obtaining employment to sell or serve liquor on
 6           licensed premises.
 7      (d)  Any person under age eighteen who violates this section
 8 shall be subject to the jurisdiction of the family court.  Any
 9 person age eighteen or older who violates subsection (a) shall be
10 guilty of a misdemeanor.  Any person age eighteen up to age
11 twenty-one who violates [subsections] subsection (b) or (c) shall
12 be guilty of a petty misdemeanor[.] and subject to a fine of not
13 more than $500."
14      SECTION 4.  Section 708-852, Hawaii Revised Statutes, is
15 amended by amending subsection (1) to read as follows:
16      "(1)  A person commits the offense of forgery in the second
17 degree if, with intent to defraud, the person falsely makes,
18 completes, endorses, or alters a written instrument, or utters a
19 forged instrument, or fraudulently encodes the magnetic ink
20 character recognition numbers, which is or purports to be, or
21 which is calculated to become or to represent if completed, a
22 deed, will, codicil, contract, assignment, commercial instrument,
23 identification document, or other instrument which does or may

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                                     H.B. NO.           

 1 evidence, create, transfer, terminate, or otherwise affect a
 2 legal right, interest, obligation, or status."
 3      SECTION 5.  Statutory material to be repealed is bracketed.
 4 New statutory material is underscored.
 5      SECTION 6.  This Act shall take effect upon its approval.
 7                           INTRODUCED BY:  _______________________