Bill Text: HI SB1344 | 2012 | Regular Session | Introduced
Bill Title: Violent Crimes; DNA Collection; Arrests
Spectrum: Moderate Partisan Bill (Democrat 8-1)
Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [SB1344 Detail]
Download: Hawaii-2012-SB1344-Introduced.html
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THE SENATE |
S.B. NO. |
1344 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO DNA COLLECTION FOR ARRESTEES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 844D-31, Hawaii Revised Statutes, is amended to read as follows:
"§844D-31 Offenders subject to collection. (a) Any person, except for any juvenile, who is 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.
(b) Any person, except for any juvenile, arrested for an offense listed in this subsection shall provide buccal swab samples, 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. The offenses for which an arrestee shall be compelled to provide a buccal swab sample shall be:
(1) Offenses under sections 707-701, 707-701.5, and 707-702;
(2) Any felony offense listed under part III of chapter 707; and
(3) Any felony offense listed under part V of chapter 707.
[(b)] (c) Testing pursuant to
this section shall begin immediately for all persons who have been convicted of
murder in any degree or any felony offense defined in chapter 846E and all
persons convicted of any felony offense who are confined in a correctional
facility or other detention facility, including private correctional
facilities, but shall not begin for other persons until thirty days after
statewide publication of notice by the attorney general pursuant to section
1-28.5.
[(c)] (d) The attorney general's
notice, pursuant to subsection [(b),] (c), may be provided in
stages, beginning with notice of the beginning of testing of all persons not
already mandated to be tested by subsection [(b)] (c) who have
been convicted of a class A felony, then notice of the beginning of testing of
all persons not already mandated to be tested by subsection [(b)] (c)
who have been convicted of a class B felony, and finally notice of the
beginning of testing of all persons not already mandated to be tested by
subsection [(b)] (c) who have been convicted of a class C felony.
[(d)] (e) Nothing in this
section shall be construed as prohibiting collection and analysis of specimens,
samples, or print impressions as a condition of a plea for a non-qualifying
offense."
SECTION 2. Section 844D-34, Hawaii Revised Statutes, is amended to read as follows:
"[[]§844D-34[]]
Collection from persons confined or in custody after conviction [or],
adjudication[.], or arrest for certain crimes. A person,
except for any juvenile, shall provide buccal swab samples and print
impressions and, if required by the collecting agency's rules or internal
regulations, blood specimens, immediately at intake, or during the prison
reception center process, or as soon as administratively practicable at the
appropriate custodial or receiving institution or program if:
(1) The person is imprisoned or confined or placed in
a state correctional facility, a county correctional facility, the department
of public safety, a residential treatment program, or any state, county,
private, or other facility after a conviction of any felony offense[;] or
any arrest for an offense listed under section 844D-31(b);
(2) The person has a record of any past or present arrest for any offense listed under section 844D-31(b), has a record of any past or present conviction of a qualifying offense described in section 844D-31, or has a record of any past or present conviction or adjudication in any other court, including any state, federal, or military court, of any offense, that, if committed or attempted in this State, would have been punishable as an offense described in section 844D-31; and
(3) The person's blood specimens or buccal swab samples, and print impressions authorized by this chapter are not in the possession of the department or have not been recorded as part of the state DNA database and data bank identification program."
SECTION 3. Section 844D-71, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) A person whose DNA profile has been included in the state DNA database and data bank identification program pursuant to this chapter shall have the person's DNA specimen and sample destroyed and searchable database profile expunged from the program pursuant to section 844D-72 if:
(1) The person has no past or present offense which qualifies that person for inclusion within the state DNA database and data bank identification program; provided that no DNA specimens or samples collected as a result of an arrest for an offense pursuant to section 844D-31 or 844D-34 shall be expunged; and
(2) There otherwise is no legal basis for retaining the specimen or sample or searchable profile."
SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2011-2012 to be deposited into the DNA registry special fund.
SECTION 5. There is appropriated out of the DNA registry special fund the sum of $ or so much thereof as may be necessary for fiscal year 2011-2012 for reimbursements to county police departments for expenses related to collection and processing of DNA buccal swab samples and specimens made pursuant to this Act.
The sum appropriated shall be expended by the department of the attorney general for the purposes of this Act.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval; provided that sections 4 and 5 of this Act shall take effect on July 1, 2011.
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INTRODUCED BY: |
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Report Title:
Violent Crimes; DNA Collection; Arrests
Description:
Requires DNA collection from those arrested for certain violent crimes.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
