HB15-1282

HB15-1282 - Crimes Of Deception & Lying In Birth Certificates

Passed/Signed into Law
Concerning The Creation Of Crimes Involving Deception About Material Information In Connection With The Preparation Of Birth Certificates.

The bill makes it a class 2 misdemeanor for a birth parent to intentionally omit material information regarding his or her own personal data for use in the preparation of an original birth certificate registering the birth of a child. "Material information" is defined as the name of a birth parent, the birth date of a birth parent, the mother's maiden name prior to a first marriage, if applicable, and the place of birth of a birth parent. If the birth parent intentionally omits material information in the preparation of a birth certificate for the purpose of obtaining or creating identification documents to assist in the commission of human trafficking, the penalty for the crime is enhanced to a class 1 misdemeanor.

The bill creates a crime of submitting false information for the preparation of a birth certificate if a person knowingly:

  • Creates a false record for use in the preparation of an original birth certificate or an amended birth certificate; or
  • Supplies false information about material information, knowingly submits the wrong name of a birth parent, or knowingly submits a fictitious name of a birth parent for use in the preparation of an original birth certificate or an amended birth certificate; or
  • Directs another person to supply false information about material information, to submit the wrong name of a birth parent, or to submit a fictitious name of a birth parent for use in the preparation of an original birth certificate or an amended birth certificate.

Supplying false information for the preparation of a birth certificate is a class 2 misdemeanor; except that, if the person intentionally supplies false information in the preparation of a birth certificate for the purpose of obtaining or creating identification documents to assist in the commission of human trafficking, the penalty for the crime is enhanced to a class 1 misdemeanor.

The bill defines "person" as a natural person and includes a person employed by or representing a licensed child placement agency or an agency or organization facilitating adoptions or a person holding himself or herself out as a person involved in adoptions.

To avoid overlap with another criminal statute on making false statements in or supplying false information for any vital statistics certificate, which would include birth certificates, the bill makes a conforming amendment to except these new crimes from that statute.

The state registrar of vital statistics is required to revise the application for a certificate of live birth to include a statement that intentionally omitting material information on the application about a person's own personal data is a misdemeanor and that knowingly submitting false information on the application, knowingly submitting the wrong name of a birth parent or knowingly submitting a false name or fictitious name on the application, or knowingly directing another person to supply false information or a false or fictitious name on the application is a misdemeanor.

Latest update: June 5, 2015
06/05/2015 Governor Signed
05/18/2015 Sent to the Governor
05/18/2015 Signed by the President of the Senate
05/14/2015 Signed by the Speaker of the House
05/04/2015 House Considered Senate Amendments - Result was to Concur - Repass
05/01/2015 Senate Third Reading Passed - No Amendments
04/30/2015 Senate Second Reading Passed with Amendments - Committee, Floor
04/27/2015 Senate Committee on State, Veterans, & Military Affairs Refer Amended to Senate Committee of the Whole
04/21/2015 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
04/21/2015 House Third Reading Passed - No Amendments
04/20/2015 House Second Reading Passed with Amendments - Committee
04/17/2015 House Second Reading Laid Over Daily - No Amendments
04/14/2015 House Committee on Judiciary Refer Amended to House Committee of the Whole
03/11/2015 Introduced In House - Assigned to Judiciary

3rd Reading Vote Summary - HB15-1282*

House Vote Summary - April 21, 2015
YesNoExcusedAbsent
441920
Senate Vote Summary - May 1, 2015
YesNoExcusedAbsent
31400
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