STAND. COM. REP. NO.  170-10

Honolulu, Hawaii

                , 2010

RE:   H.B. No. 1996

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred H.B. No. 1996 entitled:

"A BILL FOR AN ACT RELATING TO THE DNA ANALYSIS FEE,"

begs leave to report as follows:

     The purpose of this bill is to:

     (1)  Extend the DNA analysis fee requirement for felons to defendants with deferred pleas; and

     (2)  Require felony offenders transferring into Hawaii under an interstate compact to pay the actual cost of the DNA analysis.

     The Judiciary and City and County of Honolulu Department of the Prosecuting Attorney testified in support of this bill.  The Office of the Public Defender opposed this measure.

     Your Committee has amended this bill by:

     (1)  Clarifying that felony offenders transferring into Hawaii under an interstate compact shall pay $500 or the actual cost, whichever is less, of the DNA analysis;

     (2)  Clarifying that the Hawaii State compact administrator may waive the assessment; and

     (3)  Changing the effective date to December 21, 2058, and inserting a repeal date of June 30, 2014.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1996, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1996, H.D. 1, and be referred to the Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

____________________________

JON RIKI KARAMATSU, Chair