SB237

Report Title:

Convicted Felons; DNA Samples and Database

Description:

Requires DNA samples from all convicted felons; requires DNA analysis to be kept on record by Hawaii Criminal Justice Data Center; allows DNA analysis to be disseminated to law enforcement authorities upon request for criminal justice administration purposes and disclosed to a felony defendant.

THE SENATE	S.B. NO.	237
TWENTY-FIRST LEGISLATURE, 2001
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO DNA TESTING.

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

SECTION 1. Chapter 846, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§846- DNA database; maintenance; disclosure. (a) The data center shall maintain a DNA database for the analysis, classification, and filing of DNA identification characteristics from DNA samples gathered under section 706-603.

(b) DNA database information shall be disseminated upon request to criminal justice agencies, whether state, county, or federal, for DNA profile comparison for the purpose of the administration of criminal justice.

(1) Prior to trial, upon a showing by the defendant that access to the DNA database is material to the investigation, preparation, or presentation of a defense at trial; or

(2) After a conviction at trial, in a motion for a new trial or to set aside the verdict, upon a showing that access to the DNA database is necessary to establish the innocence of the defendant."

SECTION 2. Section 706-603, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (3) to (8) to read:

"(3) After entry of a plea of guilty or no contest or return of a verdict of guilty, a defendant who has been convicted of a [~~sexual or violent offense~~] felony shall provide two samples of blood or saliva for DNA analysis.

(4) A defendant who has been convicted of a [~~sexual or violent offense~~] felony and who is in custody at a jail, prison, hospital, school, or other institution shall provide two samples of [~~blood~~] or saliva for DNA analysis. The person in charge of such an institution, or that person's designee, shall arrange for the sample to be collected and analyzed.

(5) A defendant who has been convicted of a [~~sexual or violent offense~~] felony and who is not in custody shall report in person to any police station in the county in which the defendant resides or is present to schedule an appointment to provide two samples of blood or saliva for DNA analysis. A defendant required to report to a police station under this subsection shall do so within:

(a) Thirty days of [~~July 20, 1998;~~] July 20, 2001;

(b) Thirty days of conviction; or

(c) Thirty days after arrival in this State, if the defendant expects to be present in this State for a period exceeding thirty days.

(6) A defendant who has been charged with a [~~sexual or violent offense~~] felony and who has been found unfit to proceed or acquitted pursuant to chapter 704, or any state, federal, or military law similar to chapter 704 shall provide two samples of blood or saliva for DNA analysis. The person in charge of the jail, prison, hospital, school, or other institution where the defendant is in custody, or that person's designee, shall arrange for the sample to be collected and analyzed. A defendant who is not in custody and who is required to provide blood or saliva samples under this subsection shall report in person to any police station in the county in which the defendant resides or is present to schedule an appointment to provide two samples of blood[.] or saliva. A defendant required to report to a police station under this subsection shall do so within:

(a) Thirty days of [~~July 20, 1998;~~] July 20, 2001;

(b) Thirty days of the release following an acquittal or finding of unfitness to proceed under chapter 704; or any state, federal, or military law similar to chapter 704; or

(c) Thirty days after arrival in the State, if the defendant resides or expects to be present in the State for a period exceeding thirty days."

(7) Blood withdrawn pursuant to this section shall be withdrawn only by a person authorized to withdraw blood under section 286-152. Saliva samples shall be collected only by a person who has been trained in the procedure. The results shall be recorded, preserved, and disseminated in a manner consistent with the requirements of chapter 846. A defendant who has already provided the necessary samples of blood pursuant to this section shall be relieved of any further requirement to provide blood for DNA analysis, unless the court orders otherwise.

(8) In addition to any disposition authorized by chapter 706 or 853, a defendant convicted of a [~~sexual or violent offense after July 20, 1998~~] felony after July 20, 2001, may be ordered to pay a monetary assessment of $500 or the actual cost of the DNA analysis, whichever is less. The court shall not order the defendant to pay the monetary assessment unless the defendant is or will be able to pay the monetary assessment. Notwithstanding any other law to the contrary, the assessment provided by this section shall be in addition to, and not in lieu of, and shall not be used to offset or reduce, any fine authorized or required by law. All assessments shall be paid into the DNA registry special fund established in subsection (9)."

2. By amending subsection (11) to read:

"(11) Any person required to provide blood or saliva samples under this section who negligently or recklessly fails to comply shall be guilty of a misdemeanor; and any person who intentionally or knowingly fails to provide blood or saliva samples under this section shall be guilty of a class C felony."

SECTION 3. Section 846-1, Hawaii Revised Statutes, is amended as follows:

1. By adding a new definition to be appropriately inserted and to read:

""DNA" means deoxyribonucleic acid."

2. By amending the definition of "criminal history record information" to read:

""Criminal history record information" means information collected by criminal justice agencies or DNA analysis under section 706-603 on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, and other formal criminal charges, and any disposition arising therefrom, sentencing, formal correctional supervisory action, and release; but does not include intelligence or investigative information, identification information to the extent that such information does not indicate involvement of the individual in the criminal justice system, and information derived from offender-based transaction statistics systems which do not reveal the identity of individuals."

SECTION 4. Section 846-9, Hawaii Revised Statutes, is amended to read as follows:

"§846-9 Limitations on dissemination. [~~Dissemination~~] Except as provided in section 846- , dissemination of nonconviction data shall be limited, whether directly or through any intermediary, only to:

(1) Criminal justice agencies, for purposes of the administration of criminal justice and criminal justice agency employment;

(2) Individuals and agencies specified in section 846-10;

(3) Individuals and agencies pursuant to a specific agreement with a criminal justice agency to provide services required for the administration of criminal justice pursuant to that agreement; provided that such agreement shall specifically authorize access to data, limit the use of data to purposes for which given, and insure the security and confidentiality of the data consistent with the provisions of this chapter;

(4) Individuals and agencies for the express purpose of research, evaluative, or statistical activities pursuant to an agreement with a criminal justice agency; provided that such agreement shall specifically authorize access to data, limit the use of data to research, evaluative, or statistical purposes, and insure the confidentiality and security of the data consistent with the purposes of this chapter;

(5) Individuals and agencies for any purpose authorized by statute, ordinance, executive order, or court rule, decision, or order, as construed by appropriate state or local officials or agencies; and

(6) Agencies of state or federal government which are authorized by statute or executive order to conduct investigations determining employment suitability or eligibility for security clearances allowing access to classified information.

These dissemination limitations do not apply to conviction data. These dissemination limitations also do not apply to data relating to cases in which the defendant is acquitted, or charges are dismissed, by reason of physical or mental disease, disorder, or defect under chapter 704.

Criminal history record information disseminated to noncriminal justice agencies shall be used only for the purposes for which it was given.

No agency or individual shall confirm the existence or nonexistence of criminal history record information to any person or agency that would not be eligible to receive the information itself."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________