Report Title:
DNA Profiles; Juveniles
Description:
Amends law on forensic identification to require juveniles adjudicated for conduct that would constitute a felony if committed by an adult or for which sex offender registration would be required to submit DNA sample.
HOUSE OF REPRESENTATIVES |
H.B. NO. |
686 |
TWENTY-FOURTH LEGISLATURE, 2007 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to forensic identification.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 844D-31, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Any person, [except for]
including 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] physical or mental disease, disorder,
or defect of any felony offense, and any juvenile who is adjudicated to
have engaged in conduct that would constitute a felony if committed by an
adult, or who has been found not responsible for such conduct by reason of
physical or mental disease, disorder, or defect, 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."
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. A person, [except for] including 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 or detention center 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,
in the case of juveniles, after adjudication for conduct that would constitute
a felony if committed by an adult;
(2) The person 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[,] by an adult, 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-35, Hawaii Revised Statutes, is amended by amending the title and subsection (a) to read as follows:
"[[]§844D-35[]]
Collection from persons on probation, parole, or other release. (a) A
person, [except for] including any juvenile, shall provide buccal
swab samples and print impressions and, if required pursuant to this chapter,
blood specimens if:
(1) The person is on probation or parole for any felony offense, or is under supervision of the court for conduct that would constitute a felony if committed by an adult, whether or not that crime or offense is one set forth in section 844D-31(a);
(2) The person 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[,] by an adult, 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 4. Section 844D-36, Hawaii Revised Statutes, is amended to read as follows:
"[[]§844D-36[]]
Collection from parole violators and others returned to custody. A person,
[except for] including any juvenile, shall provide buccal swab
samples and print impressions and, if required by the collecting agency's rules
or internal regulations, blood specimens or other biological samples, at a
state correctional or other receiving institution, if:
(1) The person has been released on parole, furlough,
or other release for any offense [or], crime, or conduct
which, if committed by an adult, would constitute a crime, whether or not
set forth in section 844D‑31, and is returned to a state correctional or
other institution for a violation of a condition of the person's parole,
furlough, or other release, or for any other reason;
(2) The person 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[,] by an adult, 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's DNA laboratory or have not been recorded as part of the state DNA database and data bank identification program."
SECTION 5. Section 844D-39, Hawaii Revised Statutes, is amended by amending the title and subsection (a) to read as follows:
"[[]§844D-39[]]
Collection of specimen from sex offense registrants. (a) If a person, [except
for] including any juvenile, is convicted of, pleads guilty or no
contest to, or is found not guilty by reason of [insanity] physical
or mental disease, disorder, or defect of any of the offenses requiring
registration pursuant to chapter 846E, or is a juvenile who has been
adjudicated to have engaged in conduct that would constitute any of the
offenses requiring registration pursuant to chapter 846E if committed by an
adult, or who has been found not responsible for such conduct by reason of
physical or mental disease, disorder, or defect, and has given a blood
specimen or other biological sample or samples to law enforcement for any
purpose, the department is authorized to analyze, or direct a designated entity
to analyze, the blood specimen and other biological sample or samples for
forensic identification markers, including DNA markers, and to include the DNA
and forensic identification profiles from these specimens and samples in the
state DNA database and data bank identification program."
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.
INTRODUCED BY: |
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