STAND. COM. REP. NO. 609

Honolulu, Hawaii

RE:    S.B. No. 111

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Madam:

     Your Committee on Ways and Means, to which was referred S.B. No. 111 entitled:

"A BILL FOR AN ACT RELATING TO THE PENAL CODE,"

begs leave to report as follows:

     The purpose of this measure is to establish the payment priority of DNA analysis fees in relation to the payment of other fees or fines that a court may assess against a defendant.

     Your Committee received one written comment on this measure.  Copies of written comments submitted to the Committee are available for review on the Legislature's website.

     Your Committee finds that current law requires certain defendants convicted of a felony offense to pay $500 or the actual cost of a DNA analysis, whichever is less.  However, the law is unclear as to the payment priority of DNA analysis fees in relation to other fees and fines assessed by the courts.  This measure would reduce confusion and clarify the issue by establishing that DNA analysis fees are to be third in priority of payment, after restitution and crime victim compensation fees.

     Your Committee finds that DNA testing holds tremendous potential to promote both the speed and accuracy by which the judicial system can handle the high volume of criminal cases awaiting disposition.  As such, your Committee agrees that providing this level of priority for fees for DNA analysis is both reasonable and appropriate.

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 111 and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

____________________________

DONNA MERCADO KIM, Chair