RESOLUTION

WHEREAS, deoxyribonucleic acid, DNA, is a powerful crime fighting tool; and

WHEREAS, there is but one crime laboratory at the Honolulu Police Department that performs DNA analysis, however, the neighbor islands have none; and

WHEREAS, expanding the DNA database requirements helps to prevent crime, as an offender that is not apprehended in a timely manner remains free to commit more crimes; and

WHEREAS, according to the U.S. Department of Justice, the average rapist commits 8 to 12 sexual assaults before he is caught, therefore, if the offender was apprehended several rapes could have been prevented through DNA sooner; and

WHEREAS, law enforcement agencies have been able to match DNA evidence from unsolved cases to current DNA registration in existing databases, resulting in "cold hits" that have been successful in linking offenders to unsolved mysteries; and

WHEREAS, DNA evidence has also been very successful in exonerating wrongfully convicted people, representing a much needed improvement in the criminal justice system; and

WHEREAS, in 1998, the State Legislature required that defendants convicted of sexual or violent offenses to provide blood samples for DNA analysis, however, since 1998, buccal swab testing is becoming much more common given its less invasive and cost-effective nature; and

WHEREAS, last year, Congress enacted the Debbie Smith Act which appropriated over $1 billion to expand state DNA registration programs to provide for among other things, laboratory equipment, backlog analysis, and overtime costs; and

WHEREAS, while Hawaii currently allows for the collection of DNA samples from a limited amount of convicted felons, thirty-seven states have enacted legislation mandating the collection of DNA samples from all convicted; and

WHEREAS, backlogs at crime laboratories are primarily the result of growing demand and limited resources; and

WHEREAS, crimes that could have been prevented may in part be attributed to backlogs at crime laboratories and should be regarded as a result of resource limitations; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2005, the Senate concurring, that the legislature requests the Department of Public Safety and the Department of Accounting and General Services, in consultation with each of the county police departments, to conduct a cost analysis assessment that examines the feasibility of designing and constructing a State DNA lab and includes proposals for possible locations, or provides the Honolulu Police Department with expanded services to serve neighbor island law enforcement agencies; and

BE IT FURTHER RESOLVED the task force should be comprised of the respective Directors of the Departments of Public Safety and Accounting and General Services, in consultation with the Chiefs of the each of the county police departments, or their respective representatives; and

BE IT FURTHER RESOLVED that the task force should provide to the Legislature any recommended legislation that is agreed upon; and

BE IT FURTHER RESOLVED that the analysis and any recommendations, if any, should be submitted to the Legislature no later than twenty days prior to the opening of the Regular Session of 2006; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the respective Directors of the Departments of Public Safety and Accounting and General Services, and the Chiefs of each of the county police departments.

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Report Title:

Task force studying the cost of a State DNA laboratory