WHEREAS, the collection and analysis of deoxyribonucleic acid (also known as "DNA") samples assist in solving crimes, exonerating the innocent, protecting the public and ensuring justice more expeditiously; and

WHEREAS, 25 states currently have laws requiring that all felons must provide a DNA sample for the state database; and

WHEREAS, Hawaii's law currently provides for the collection of DNA from violent offenders only; and

WHEREAS, the State of Virginia has found that approximately 33 percent of violent crimes were committed by offenders with previous property crime convictions, and that 85 percent of the solutions to crimes would have been missed if their database had been limited only to violent offenders; and

WHEREAS, a Virginia study found that more than half (54 percent) of sex offenders identified through the DNA database had at least one property crime conviction in their criminal history; and

WHEREAS, the high correlation between property crime convictions and sexual assaults has been supported by Florida's DNA database and other studies; and

WHEREAS, this relationship between rape and property crime is the reason many states have already included burglary on their databases; and

WHEREAS, most of the states that have passed such laws have done so with little or no impact on the state budget because of the federal funds designated for this purpose; and

WHEREAS, Hawaii Revised Statutes section 706-603 provides that after entering a plea of guilty or no contest or upon return of verdict of guilty, a person convicted of a sexual or violent offense must provide two samples of blood for DNA analysis; and

WHEREAS, DNA analysis is done by the Honolulu Police Department for all law enforcement agencies in Hawaii with the counties billed for each separate analysis; and

WHEREAS, the Honolulu Police Department does not have sufficient personnel to handle ever-increasing analyses and the requisite documentation, resources to analyze data, and space to store samples; and

WHEREAS, with limited resources it is difficult to analyze additional samples from all class A and B felons; and

WHEREAS, Hawaii cannot currently participate in the National DNA Information System (NDIS) because the state's DNA lab, which is that of the Honolulu Police Department, is not accredited due to lack of equipment and secure storage space; and

WHEREAS, Hawaii is one of only three states in the nation that does not participate in NDIS; and

WHEREAS, the federal law under the DNA Analysis Backlog Elimination Act of 2000, P.L. 106-546 provides a total of $170 million in federal grants to the states to assist in funding deoxyribonucleic acid analyses, with a potential share for Hawaii; and

WHEREAS, the federal law provides assistance to the states for analysis of backlogged DNA samples based on the size of its backlog; and

WHEREAS, in order to receive the available federal funds for DNA backlog reduction and for crime lab improvement, Hawaii must have a statute authorizing the collection of DNA samples from all class A and B felons; and

WHEREAS, with such a statute in existence, Hawaii could begin collecting samples while offenders are still available in prison and would have a backlog built up when federal funds to reduce backlogs are available upon lab accreditation; and

WHEREAS, this investigative use of DNA analysis holds the greatest promise for identifying and preventing crimes by repeat offenders; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-second Legislature of the State of Hawaii, Regular Session of 2003, that the House and Senate committees on the Judiciary are encouraged to meet in the interim to gather information, assess the resources available, determine the needs of state law enforcement agencies, and to hold interim hearings on the subject of collecting DNA samples from all class A and B felons; and

BE IT FURTHER RESOLVED that the legislative reference bureau is requested to conduct a feasibility study on how the State should deal with the increasing need for collection and analysis of DNA samples with the lack of personnel and resources and with the requirement for additional storage space; and

BE IT FURTHER RESOLVED that the feasibility study should address whether the state should collect DNA from all incarcerated class A and B felons; and

BE IT FURTHER RESOLVED that the legislative reference bureau should consult with law enforcement agencies, such as the county police departments, county prosecutors, the Attorney General, and the State Judiciary; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the director of the legislative reference bureau, the chief of each county police department, the Prosecuting Attorney from each county, the Attorney General, the chairs of the House and Senate Judiciary committees, and the Chief Justice of the Supreme Court.

Report Title:

Collection of DNA; interim assessment and meetings