Bill Text: HI SB726 | 2011 | Regular Session | Introduced

Hawaii Senate Bill 726 (Prior Session Legislation)

Introduced

Bill Title: DNA; Forensic Identification; Forensic Sample Collection; Forensic Sample Reposit; Forensic Sample Expungement

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2011-01-24 - (S) Referred to JDL, WAM. [SB726 Detail]

Download: Hawaii-2011-SB726-Introduced.html

THE SENATE	S.B. NO.	726
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

relating to Forensic identification.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 844D, Hawaii Revised Statutes, is amended by adding three new sections to be appropriately designated and to read as follows:

"§844D-A Collection from persons arrested. (a) A person, except for any juvenile, who is arrested for the commission of any felony offense, shall provide buccal swab samples and print impressions for each hand, and, if required by the collecting agency's rules, or internal regulations, blood specimens required for law enforcement identification analysis.

(b) Specimens, samples, and print impressions shall not be required if it is determined that a specimen, sample, or print impression has previously been taken and is included in the state DNA database and data bank identification program.

§844D-B Samples for sexual assault victims. (a) Samples collected pursuant to a medical examination of a victim of any felony sexual offense as defined in chapter 707, shall be submitted to the department for DNA testing.

(b) Records derived from the DNA testing in subsection (a) shall be included in the state DNA database.

§844D-C Missing persons, unidentified persons, and unidentified human remains. (a) The department shall designate itself or other appropriate entities to serve as repositories for blood specimens, buccal swab, and other biological samples, and the designated entity shall analyze specimens and samples, and store, compile, correlate, compare, maintain, and use DNA and forensic identification profiles and records for missing or unidentified persons and unidentified human remains.

(b) The department shall utilize DNA records from local, state, and federal law enforcement agencies and the coroner or medical examiner in the identification and location of missing and unidentified persons or unidentified human remains.

(1) The completion of a permission to search form authorizing the collection of blood specimens and buccal swab and other biological samples;

(2) The receipt of a properly executed search warrant; or

(3) Issuance of a court order.

(d) Samples from unidentified human remains shall be provided to the department by the coroner or medical examiner.

(e) Samples of reference materials from missing persons shall be provided by the investigating law enforcement agency."

SECTION 2. Section 844D-21, Hawaii Revised Statutes, is amended by amending the title and subsection (a) to read as follows:

"[[]§844D-21[]] Collection of specimens, samples, and print impressions at correctional facility or other detention facility. (a) When the specimens, samples, or print impressions required by this chapter are collected at a correctional facility or other detention facility, including private correctional facilities, the chief administrative officer of the correctional facility or other detention facility shall be responsible for ensuring that:

(1) The requisite specimens, samples, or print impressions are collected from qualifying offenders or arrestees during the intake process at that facility or reasonably promptly thereafter; or

(2) The requisite specimens, samples, or print impressions are collected as soon as administratively practicable after a qualifying offender or arrestee reports to the facility for the purpose of providing specimens, samples, and print impressions; and

(3) The specimens, samples, or print impressions collected pursuant to this chapter are forwarded immediately to the department and in compliance with this chapter."

SECTION 3. Section 844D-23, Hawaii Revised Statutes, is amended by amending the title and subsection (a) to read as follows:

"[[]§844D-23[]] Repository of samples and records. (a) The department may designate itself or other appropriate entities to serve as repositories for blood specimens and buccal swab and other biological samples, and the designated entity shall analyze specimens and samples, and store, compile, correlate, compare, maintain, and use DNA and forensic identification profiles and records related to the following:

(1) Forensic casework and forensics unknown;

(2) Known and evidentiary specimens and samples from crime scenes or criminal investigations;

[~~(3)~~ ~~Missing or unidentified persons;~~

~~(4)~~] (3) Persons required to provide specimens, samples, or print impressions under this chapter;

[~~(5)~~] (4) Legally obtained samples; and

[~~(6)~~] (5) Anonymous DNA records used for training, research, statistical analysis of populations, quality assurance, or quality control."

SECTION 4. Section 844D-71, Hawaii Revised Statutes, is amended to read as follows:

"[[]§844D-71[]] Expungement of DNA information from state DNA database and data bank identification program. (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~~] that qualifies [~~that~~] the person for inclusion within the state DNA database and data bank identification program; and

(2) There otherwise is no legal basis for retaining the specimen or sample or searchable profile[.]; or

(3) The specimen, sample, or print impression was taken pursuant to section 844D-A and the arrest that led to the taking of the specimen, sample, or print impression has:

(A) Resulted in a felony charge that has been resolved by dismissal, nolle prosequi, a misdemeanor conviction, or acquittal; or

(B) Has not resulted in a felony charge within one year of the person's arrest.

(b) A person requesting expungement of their DNA specimen, sample, and profile:

(1) May make a written request to have the person's specimen and sample destroyed and searchable database profile expunged from the state DNA database and data bank identification program if the:

(A) [u~~nderlying~~] Underlying conviction or disposition serving as the basis for including the DNA profile has been reversed and the case dismissed; [~~and~~] or

(B) Person's specimen, sample, or print impression falls within the purview of subsection (a)(3); and

(2) Shall send a copy of the person's request to the trial court of the circuit that entered the conviction or rendered disposition in the case, to the department, and to the prosecuting attorney of the county in which the person was arrested, convicted, or adjudicated, with proof of service on all parties.

(c) A court considering a request for expungement made pursuant to this section, shall grant the request by order pursuant to section 844D-72(a) if the criteria for expungement under subsection (a) are met[.]; provided that a person's specimen, sample, print impression, or searchable database profile shall not be destroyed or expunged pursuant to section 844D-72 if the person has a prior felony conviction or pending felony charge."

SECTION 5. Section 844D-72, Hawaii Revised Statutes, is amended by amending the title and subsection (a) to read as follows:

"[[]§844D-72[]] Destruction of samples and expungement of searchable DNA database profile. (a) Except as provided below, the department shall destroy the sample, specimen, and print impressions and shall expunge the searchable DNA database profile pertaining to the person who has no present or past qualifying offense or arrest of record upon receipt of a court order that verifies the applicant has made the necessary showing at a noticed hearing, and that includes all of the following:

(1) The written request for expungement pursuant to section 844D‑71;

(2) A certified copy of the court order reversing and dismissing the conviction or case, a certified copy of the court order showing dismissal, nolle prosequi, a misdemeanor conviction, or acquittal, or a letter from the prosecuting attorney certifying that no felony charges arising out of the arrest have been filed within one year of the arrest or that the underlying conviction has been reversed and the case dismissed;

(3) A finding that written notice has been provided to the prosecuting attorney and the department of the request for expungement; and

(4) A court order verifying that no retrial or appeal of the case is pending, that it has been at least one hundred eighty days since the defendant or minor has notified the prosecuting attorney and the department of the expungement request, and that the court has not received an objection from the department or the prosecuting attorney."

SECTION 6. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 7. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 8. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 10. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

DNA; Forensic Identification; Forensic Sample Collection; Forensic Sample Reposit; Forensic Sample Expungement

Description:

Requires the taking of buccal swab samples and print impressions of persons arrested for felony offenses. Allows samples taken of persons arrested to be expunged under certain circumstances. Requires that samples collected pursuant to a medical examination of a victim of any felony sexual offense be submitted to the city and county of Honolulu police department for DNA testing. Provides for the collection of samples to assist with identification of missing persons, unidentified persons, and unidentified human remains.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.