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

 

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.  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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