STAND. COM. REP. NO. 1237

Honolulu, Hawaii

RE:    S.R. No. 44

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sir:

     Your Committee on Public Safety, Intergovernmental, and Military Affairs, to which was referred S.R. No. 44 entitled:

"SENATE RESOLUTION URGING LAW ENFORCEMENT AGENCIES TO FOLLOW THE GUIDELINES DEVELOPED BY THE MALAMA KAKOU PROJECT FOR THE TESTING OF SEXUAL ASSAULT EVIDENCE COLLECTION KITS AND REQUESTING AN ANNUAL REPORT FROM THE DEPARTMENT OF THE ATTORNEY GENERAL ON THE TESTING OF SEXUAL ASSAULT EVIDENCE COLLECTION KITS IN THE STATE,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Urge law enforcement agencies to follow the guidelines developed by the Malama Kakou Project for the testing of sexual assault evidence collection kits;

     (2)  Request the appropriate law enforcement agencies to submit sexual assault evidence collection kits that meet the testing guidelines to a laboratory for testing within ninety days and subsequently follow-up with that laboratory within ninety days of the request; and

     (3)  Request an annual report from the Department of the Attorney General on the testing of sexual assault evidence collection kits in the State.

     Your Committee received testimony in support of this measure from the Community Alliance on Prisons and Planned Parenthood Votes Northwest and Hawaii.  Your Committee received comments on this measure from the Honolulu Police Department.

     Your Committee finds that reducing the incidence of sexual assault and ensuring the rights of sexual assault victims are vital to ensuring public health and safety.  A 2016 inventory of all four county police departments showed that barely ten percent of all sexual assault evidence collection kits collected in the State since 1992 had been tested.  In 2016, at the direction of the Legislature, the Attorney General convened a working group to develop statewide standards and practices for the testing of sexual assault evidence collection kits.  This working group developed the Malama Kakou Project, a state plan to reform the testing of sexual assault evidence collection kits.  The Malama Kakou Project established guidelines to determine whether a kit should be tested, a priority order for kits that are to be tested, and a process for police departments to follow in implementing the defined criteria and priorities.  Your Committee finds that the recommendations of the Malama Kakou Project would greatly enhance the process for testing sexual assault evidence collection kits.  Therefore, all law enforcement agencies in the State charged with collecting sexual assault evidence collection kits are urged to follow the guidelines developed by the Malama Kakou Project.

     Your Committee notes the testimony of the Honolulu Police Department regarding funding for the testing of sexual assault collection kits.  New sexual assault collection kits would not be covered by the 2016 National Sexual Assault Kit Initiative (SAKI) grant.  Therefore, it may be necessary to appropriate funds for the testing of new sexual assault evidence collection kits.  Your Committee suggests that your Committees on Judiciary and Labor and Ways and Means inquire further into this issue of funding should they hear this resolution.

     As affirmed by the record of votes of the members of your Committee on Public Safety, Intergovernmental, and Military Affairs that is attached to this report, your Committee concurs with the intent and purpose of S.R. No. 44 and recommends that it be referred to your Committees on Judiciary and Labor and Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Public Safety, Intergovernmental, and Military Affairs,

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CLARENCE K. NISHIHARA, Chair