CONFERENCE COMMITTEE REP. NO.184

Honolulu, Hawaii

, 2005

RE: H.B. No. 1733

H.D. 2

S.D. 2

C.D. 1

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 1733, H.D. 2, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO BIOLOGICAL EVIDENCE,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this bill is to enhance law enforcement tools by establishing a statewide deoxyribonucleic acid (DNA) database and data bank identification program for all convicted felons. Among other things, this bill:

(1) Delineates procedures and duties for the collection, analysis, and storage of DNA samples;

(2) Specifies the types of offenders subject to the collection of DNA samples;

(3) Provides for the destruction of DNA samples and expungement of the searchable database profile of a person whose underlying conviction has been reversed;

(4) Provides confidentiality for DNA information and penalties for violations thereof;

(5) Authorizes post-conviction DNA testing and provides court procedures in accordance with test results;

(6) Extends the statute of limitations for felony cases in which DNA evidence from an unknown offender is recovered and tested prior to expiration of the usual limitation period for the felony;

(7) Establishes an additional penalty of $1 for every $10 of any fine or penalty collected by the courts for all criminal and traffic offenses, excluding parking offenses, to help fund the DNA program; and

(8) Appropriates unspecified funds for fiscal year 2005-2006 to carry out the new DNA testing provisions, including reimbursements to the county police departments and the Department of Public Safety (DPS) for costs incurred in implementing the new provisions.

Your Committee on Conference has amended this measure by reverting to the H.D. 2 draft of this bill, which, among other things:

(1) Requires DNA testing of all felons;

(2) Provides procedures and duties for the collection and testing of DNA samples;

(3) Establishes a procedure for deletion of DNA profiles for a person whose underlying conviction has been reversed;

(4) Extends the statute of limitations for felony cases where DNA evidence has been recovered;

(5) Requires retention of evidence that can be used for DNA analysis;

(6) Establishes procedures for post-conviction requests for analysis of DNA evidence;

(7) Requires notice to victims of proceedings and outcomes for post-conviction DNA testing;

(8) Requires notice to probation and parole authorities of outcomes adverse to the defendant after post-conviction DNA testing; and

(9) Appropriates funds for fiscal year 2005-2006 to implement the new DNA program.

Upon further consideration, your Committee on Conference has also amended this bill by:

(1) Adding definitions for the terms "autoradiograph," "buccal swab," "DNA or forensic identification markers," and "profile";

(2) Deleting the provisions:

(A) Governing the requirements for implementation of the new DNA program, including provisions requiring the county police departments and DPS to adopt rules in accordance with chapter 91, Hawaii Revised Statutes;

(B) Requiring the DNA program's methodology and procedures to be made public;

(C) Imposing an additional penalty of $1 for every $10 of every fine or penalty collected by the courts for all criminal and traffic offenses, excluding parking offenses, to help fund the DNA program; and

(D) Appropriating funds to implement the new DNA program; and

and

(3) Making technical, nonsubstantive amendments for clarity and style.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 1733, H.D. 2, S.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 1733, H.D. 2, S.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

____________________________

COLLEEN HANABUSA, Chair

____________________________

SYLVIA LUKE, Co-Chair

____________________________

BRIAN T. TANIGUCHI, Co-Chair

____________________________

MARILYN B. LEE, Co-Chair