Report Title:
Forensic Testing; DNA; Arrest
Description:
Requires a person to submit to collection of forensic identification material upon arrest.
|
THE SENATE |
S.B. NO. |
799 |
|
TWENTY-FOURTH LEGISLATURE, 2007 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO FORENSIC IDENTIFICATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Act 112, Session Laws of Hawaii 2005, codified as chapter 844D, Hawaii Revised Statutes, relating to forensic identification, enacted a comprehensive scheme to provide for the taking of deoxyribonucleic acid samples. The law requires that samples be taken upon conviction of any felony offense. The legislature finds that waiting until after the defendant is convicted of a felony to take a deoxyribonucleic acid sample means that a large number of accused felons effectively escape the criminal justice system. Deoxyribonucleic acid samples provide a data base in which to check for identification of perpetrators of felonies, regardless of prior conviction.
The legislature finds that deoxyribonucleic acid samples on record could also exculpate the innocent convicted in other crimes, expedite the solving of crimes, and prevent crime, among other advantages to having a deoxyribonucleic acid sample taken upon arrest.
The purpose of this Act is to require the taking of a deoxyribonucleic acid sample upon arrest for a felony.
SECTION 2. Section 844D-31, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Any person, except for any juvenile, who is arrested, convicted of, or pleads guilty or no contest to, any felony offense, even if the plea is deferred, or is found not guilty by reason of insanity of any felony offense, shall provide buccal swab samples and print impressions of each hand, and, if required by the collecting agency's rules or internal regulations, blood specimens, required for law enforcement identification analysis."
SECTION 3. Section 844D-32, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The provisions of this chapter, including the
requirement that all specimens, samples, and print impressions shall be
provided as soon as administratively practicable shall apply to all qualifying
persons regardless of sentence imposed, including any sentence of life without
the possibility of parole, or any life or indeterminate term, [or],
whether the qualifying person was released after arrest, or any other
disposition rendered in the case of an adult."
SECTION 4. Section 844D-39, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) If a person, except for any juvenile, is arrested
for, convicted of, pleads guilty or no contest to, or is found not guilty
by reason of insanity of any of the offenses requiring registration pursuant to
chapter 846E, and has given a blood specimen or other biological sample or
samples to law enforcement for any purpose, the department [is authorized to]
may analyze, or direct a designated entity to analyze, the blood specimen and
other biological sample or samples for forensic identification markers,
including DNA markers, and to include the DNA and forensic identification
profiles from these specimens and samples in the state DNA database and data
bank identification program."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|