STAND. COM. REP. NO. 606

Honolulu, Hawaii

, 2005

RE: S.B. No. 470

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 S.B. No. 470 entitled:

"A BILL FOR AN ACT RELATING TO THE COLLECTION OF DEOXYRIBONUCLEIC ACID FOR THE DNA REGISTRY,"

begs leave to report as follows:

The purpose of this measure is to expand the scope of the DNA registration law to mandate the collection of DNA samples, using buccal swabs, from all convicted felons.

Testimony in support of the measure was submitted by the Department of Public Safety and Department of the Prosecuting Attorney for the County of Kauai. Testimony in opposition to the measure was submitted by the Honolulu Police Department and the Office of the Public Defender. The Department of the Attorney General and the Department of the Prosecuting Attorney for the City and County of Honolulu offered comments on the measure.

Your Committee finds that mandating DNA testing for all convicted felons is an effective law enforcement tool that, when used in conjunctions with a DNA database, will enable the State to collect and maintain profiles of convicted offenders for use in ongoing as well as "cold case" law enforcement investigations.

Your Committee has amended this measure by:

(1) Specifying that individuals convicted of murder or any offense in chapter 846E, Hawaii Revised Statutes, must provide a DNA sample immediately;

(2) Requiring the Attorney General to provide notice requesting DNA samples from all individuals convicted of a Class A, B, and C felony offenses;

(3) Establishing the process and procedure for collecting and testing blood specimens, buccal swab samples, and print impressions from parole violators; persons on parole or probation; individuals housed in state, federal, or private correctional or detention facilities; and individuals arriving in Hawaii who are required to provide a DNA sample;

(4) Designating the Honolulu Police Department as the administrator of this program and authorizing the Honolulu Police Department to either designate itself or another entity as the repository for all biological samples collected under this program;

(5) Establishing the process and procedures for obtaining a replacement specimen;

(6) Enacting a procedure for the expungement of an individual's DNA profile and DNA sample;

(7) Establishing a post-conviction DNA testing process;

(8) Making an appropriation to provide financial assistance for county and state law enforcement officials enforcing and administering the provisions of the State's DNA program; and

(9) Making technical, non-substantive changes 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 S.B. No. 470, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 470, 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,

____________________________

COLLEEN HANABUSA, Chair