STAND. COM. REP. NO. 1273
Honolulu, Hawaii
, 2005
RE: H.B. No. 1733
H.D. 2
S.D. 1
Honorable Robert Bunda
President of the Senate
Twenty-Third State Legislature
Regular Session of 2005
State of Hawaii
Sir:
Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 1733, H.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO BIOLOGICAL EVIDENCE,"
begs leave to report as follows:
The purpose of this measure is to establish a statewide DNA database and databank identification program administered by the Honolulu Police Department that will include the DNA of all convicted felons.
Specifically, this measure:
(1) Establishes procedures and processes relating to the collection, analysis, and storage of blood specimens, buccal swab samples, and fingerprint impressions;
(2) Specifies which offenders must provide blood specimens, buccal swab samples, and fingerprint impressions as well as the time period for providing these samples and the penalties for noncompliance;
(3) Enacts procedures for the destruction of biological and fingerprint samples as well as the expungement of this information from the DNA database;
(4) Authorizes a court to order postconviction relief DNA testing and to take appropriate action based on the results of the testing;
(5) Extends by ten years the statute of limitations in any felony case in which DNA evidence is recovered and tested prior to the expiration of the standard limitation period for the class of felony; and
(6) Appropriates funds to carry out of the purposes of the measure, including reimbursement to the county police departments and the Department of Public Safety.
Testimony in support of this measure was submitted by the Department of the Attorney General, the Department of Public Safety, the Department of the Prosecuting Attorney for the City and County of Honolulu, and the Honolulu Police Department. Testimony in opposition to the measure was submitted by the Office of the Public Defender. The Judiciary and the Office of Information Practices offered comments on the measure.
Your Committee finds that this measure mandates DNA testing for all convicted felons which will enable the State to collect and maintain profiles of convicted offenders for identification purposes as well as utilization in ongoing criminal investigations. This measure also incorporates the use of DNA testing to provide post-conviction relief to individuals wrongly convicted.
Your Committee has amended this measure by replacing the contents of this measure with the contents of Senate Bill No. 470, S.D. 2. In addition, your Committee has amended this measure by:
(1) Excluding individuals who have been granted a deferral by the court from providing a DNA sample;
(2) Deleting provisions that insulate a conviction, arrest, detention, or any adjudication of a person from legal challenge if it is determined that DNA samples were obtained, placed, or retained in a data bank or database by mistake;
(3) Removing the ten year extension of the statute of limitations in any felony case where DNA evidence is recovered and tested prior to the expiration of the standard limitation period for a class of felony and making that time period blank; and
(4) Making technical, non-substantive amendments for purposes of clarity.
As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1733, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1733, H.D. 2, S.D. 1, and be referred to the Committee on Ways and Means.
Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,
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____________________________ COLLEEN HANABUSA, Chair |
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