SB1333

SECTION 1. Section 844D-35, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The person shall have any required blood specimens[~~, samples, or print impressions~~] collected within twenty working days of being notified by the court[,] or a law enforcement agency or other entity authorized by the department. The buccal swab samples or print impressions shall be collected from the person at any time after the person is notified by the court or a law enforcement agency or other entity authorized by the department. The specimens, samples, or print impressions shall be collected in accordance with section 844D-21 at a correctional facility or a state, county, private, or other facility designated for this collection."

SECTION 2. Section 844D-37, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) If the person is not confined, the blood specimens[, ~~samples, or print impressions]~~ required by this chapter shall be provided within twenty working days after the person reports to the supervising agent or within five calendar days of notice to the person, whichever occurs first. The buccal swab samples or print impressions required by this chapter shall be provided after the person reports to the supervising agent or after the person is notified of the samples and impressions required by this chapter, whichever occurs first. The person shall report to a correctional facility in the county where the person resides or temporarily is located to have the specimens, samples, or print impressions collected pursuant to this chapter. The specimens, samples, or print impressions shall be collected in accordance with this chapter."

SECTION 3. Section 844D-111, Hawaii Revised Statutes, is amended to read as follows:

"§844D-111 Refusal or failure to provide specimen for forensic identification. (a) A person commits the offense of refusal or failure to provide specimen for forensic identification if the person is required by this chapter to provide any blood specimens, buccal swab samples, or print impressions and intentionally or knowingly refuses or fails to provide any of the required blood specimens, buccal swab samples, or print impressions after the person has received written notice from the department, the department of public safety, any law enforcement personnel, or an officer of the court that the person is required to provide each and every one of the blood specimens, buccal swab samples, and print impressions required by this chapter.

(b) Any person who [~~negligently or recklessly~~] intentionally or knowingly fails to comply with this section shall be guilty of a [~~misdemeanor.~~] felony punishable by up to five years in prison.

(c) The department of public safety or law enforcement personnel trained to collect blood specimens, buccal swab samples, or print impressions pursuant to this chapter may employ reasonable force to collect blood specimens, buccal swab samples, or print impressions pursuant to this chapter from individuals who, after written or oral request, refuse to provide those blood specimens, buccal swab samples, or print impressions; provided that:

(1) The withdrawal of blood shall be performed in a medically approved manner in accordance with section 844D-62(b); and

(2) The use of reasonable force as provided in this subsection shall be carried out in a manner consistent with rules adopted pursuant to subsection (d), if such rules are adopted;

(3) The term "use of reasonable force" is defined as the force that an objective, trained, and competent department of public safety or law enforcement employee, faced with similar facts and circumstances, would consider necessary and reasonable to gain compliance with this chapter;

(4) The use of reasonable force shall not be carried out without the prior written authorization of the supervising employee on duty; provided that the authorization shall include information that reflects the fact that the offender was asked to provide the requisite blood specimen, buccal swab sample, or print impression and refused; provided further that failure to obtain such authorization shall not affect the validity of any evidence obtained; and

(5) The use of reasonable force shall be preceded by efforts to secure voluntary compliance with this section.

For purposes of this section, "supervising employee" means the person who is responsible for the supervision and evaluation of staff on an assigned shift.

(d) The department of the attorney general may, but is not required to, adopt rules governing the use of reasonable force as provided in subsection (c)."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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BY REQUEST

THE SENATE	S.B. NO.	1333
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII