HOUSE OF REPRESENTATIVES

H.B. NO.

132

TWENTY-SIXTH LEGISLATURE, 2011

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE COLLECTION OF DNA SAMPLES FROM ARRESTEES OF SEXUAL OFFENSES AGAINST MINORS.

 

 

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

 


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

     "§844D-    Collection from persons arrested for felony sexual offenses against a minor.  (a)  A person, except for any juvenile, arrested for the sexual offenses against a minor listed in this section shall provide buccal swab samples and, if required by the collecting agency's rules or internal regulations, blood specimens, immediately at intake or as soon as administratively practicable at the appropriate custodial or receiving institution or program.

(b)  The sexual offenses against a minor for which an arrestee shall be compelled to provide a buccal swab sample for include violations of sections 707-730(b), 707-730(c), 707-732(b), 707-732(c), 707-733.6, 707-750, and 707-751."

     SECTION 2.  Section 844D-31, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(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, or is arrested for a sexual offense as listed in section 844D-     , 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 3.  Section 844D-71, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) 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; [and]

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

     (3)  The specimen or sample was taken pursuant to section 844D-31 and the arrest that led to the take of the specimen or sample has:

         (A)  Resulted in a felony charge that has been resolved by the 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)  The underlying conviction or disposition serving as the basis for including the DNA profile has been reversed and the case dismissed; [and] or

         (B)  The person's specimen or sample was collected in connection with a felony arrest and is eligible for expungement as described in 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 convicted or adjudicated, with proof of service on all parties."

     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 2012-2013 for the purpose of this Act.

     The sums appropriated shall be expended by the department of the attorney general for the purposes of this Act.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on January 7, 2059.



 

Report Title:

DNA; sex offenses against minors

 

Description:

Mandates the collection of DNA samples from arrestee for sex offenses against minors.  Effective January 7, 2059.  (HB132 HD1)

 

 

 

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