REPORT TITLE:



DESCRIPTION:


 
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THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO SIMULATING LEGAL PROCESS.



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

 1      SECTION 1.  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-    Simulating legal process.  (1)  A person commits
 
 5 the offense of simulating legal process if the person
 
 6 intentionally, knowingly, or recklessly causes to be delivered to
 
 7 another any document that simulates a summons, complaint,
 
 8 judgment, subpoena, or other court process with the intent to:
 
 9      (a)  Induce payment of a claim from another person; or
 
10      (b)  Cause another person to:
 
11           (A)  Submit to the putative authority of the document;
 
12                or
 
13           (B)  Take any action or refrain from taking any action
 
14                in response to the document, in compliance with
 
15                the document, or on the basis of the document.
 
16      (2)  Proof that the document was mailed to any person with
 
17 the intent that it be forwarded to the intended recipient is a
 
18 sufficient showing that the document was delivered.
 
19      (3)  It is not a defense to prosecution under this section
 

 
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 1 that the simulating document:
 
 2      (a)  States that it is not legal process; or
 
 3      (b)  Purports to have been issued or authorized by a person
 
 4           or entity who did not have lawful authority to issue or
 
 5           authorize the document.
 
 6      (4)  If the simulating document was filed with, presented
 
 7 to, or delivered to a clerk of a court or an employee of a clerk
 
 8 of a court created or established under the constitution or laws
 
 9 of this State, there is a rebuttable presumption that the
 
10 document was delivered with the intent described in subsection
 
11 (1).
 
12      (5)  Simulating legal process is a misdemeanor; provided
 
13 that a person convicted under this section and who has been
 
14 previously convicted under this section shall be guilty of a
 
15 class C felony."
 
16      SECTION 2.  New statutory material is underscored.
 
17      SECTION 3.  This Act shall take effect upon its approval. 
 
18 
 
19                           INTRODUCED BY:  _______________________
 

 
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