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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1996 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE DNA ANALYSIS FEE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 706-603, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) In addition to any disposition
authorized by chapter 706 or 853, every defendant [convicted of a felony
offense] required to provide a DNA sample or specimen under section 844D‑31(a)
shall be ordered to pay a monetary assessment of $500 or the actual cost of the
DNA analysis, whichever is less. The court may reduce the monetary assessment
if the court finds, based on evidence presented by the defendant and not
rebutted by the State, that the defendant is not and will not be able to pay
the full monetary assessment and, based on the finding, shall instead order the
defendant to pay an assessment that the defendant will be able to pay within
five years."
SECTION 2. Section 844D-37, Hawaii Revised Statutes, is amended to read as follows:
"[[]§844D-37[]]
Collection from persons accepted into Hawaii from other jurisdictions. (a)
When an offender from another state is accepted into this [State] state
under any interstate compact, or under any other reciprocal agreement with any
county, state, or federal agency, or any other provision of law, whether or not
the offender is confined or released, the acceptance shall be conditional on
the offender providing blood specimens, buccal swab samples, or print
impressions pursuant to this chapter, if the offender has a record of any past
or present conviction or adjudication in Hawaii of a qualifying offense
described in section 844D-31 or has a record of any past or present conviction
or adjudication or had a disposition rendered in any other court, including any
state, federal, or military court, of any offense that, if committed or
attempted in this [State,] state, would have been punishable as
an offense described in section 844D-31.
(b) If the person is not confined, the 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 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.
(c) If the person is confined, the person shall provide the blood specimens, buccal swab samples, or print impressions required by this chapter as soon as practicable after the person's receipt in a state, county, private, or other designated facility.
(d) The offender shall pay a monetary assessment of $500 or the actual cost, whichever is less, of the DNA analysis of the blood specimen or buccal swab sample; provided that the Hawaii State compact administrator may waive the assessment based upon evidence that the offender is unable to pay. The payment shall be collected when the specimen or sample is provided, and shall be deposited into the DNA registry special fund established in section 706‑603."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on December 21, 2058, and shall be repealed on June 30, 2014.
Report Title:
DNA Analysis Fee; Deferred Plea; Interstate Compact Transferees
Description:
Extends the DNA analysis fee requirement for felons to defendants with deferred pleas. Requires felony offenders transferring into Hawaii under an interstate compact to pay $500 or the actual cost, whichever is less, of the DNA analysis. Effective December 21, 2058. (HB1996 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.