REPORT TITLE:
Genetic Testing


DESCRIPTION:
Provides for the genetic testing of certain criminal offenders as
a condition of probation and parole.  Establishes the violent
offender identification fund and the sex offender identification
fund.  Appropriates funds.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2994
THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT
RELATING TO GENETIC TESTING.



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

 1      SECTION 1.  Chapter 706, Hawaii Revised Statutes, is amended
 
 2 by adding three new sections to be appropriately designated and
 
 3 to read as follows:
 
 4      "706-A  Genetic testing as a condition of probation.  (1)
 
 5 A condition of probation for any offender convicted of an offense
 
 6 involving unlawful sexual behavior or for which the factual basis
 
 7 involved an offense involving unlawful sexual behavior shall be
 
 8 that the offender submit to and pay for a chemical testing of the
 
 9 offender's blood to determine the genetic markers thereof.
 
10      (2)  The offender shall submit to and pay for a chemical
 
11 testing of the offender's blood to determine the genetic markers
 
12 thereof as a condition of probation for the conviction of any of
 
13 the following offenses occurring on or after July 1, 2000;
 
14      (a)  A crime of violence, as defined in section 134-1;
 
15      (b)  Murder in the second degree, in violation of section
 
16           707-701.5;
 
17      (c)  Assault in the first degree, in violation of section
 
18           707-710;
 
19      (d)  Assault in the second degree, in violation of section
 
20           707-711;
 

 
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 1      (e)  Kidnapping, in violation of section 707-720;
 
 2 [B   (f)  Criminal property damage in the first degree, in
 
 3 violation of section 708-820;
 
 4      (g)  Burglary in the first degree, in violation of section
 
 5           708-810; or
 
 6      (h)  Robbery in the first degree, in violation of section
 
 7           708-840.
 
 8      (3)  Collection of the offender's blood sample shall occur
 
 9 within ninety days after being placed on probation, and the
 
10 results thereof shall be filed with and maintained by the
 
11 criminal justice data center.  The results of these tests shall
 
12 be furnished to any law enforcement agency upon request.
 
13      (4)  Any moneys received from offenders pursuant to
 
14 subsection (1) shall be deposited in the sex offender
 
15 identification fund created in section 706-D.  Any moneys
 
16 received from offenders pursuant to subsection (2) shall be
 
17 deposited in the violent offender identification fund established
 
18 in section 706-C.
 
19      706-B  Genetic testing as a condition of parole.  (a)  The
 
20 authority, as a condition of parole pursuant to section
 
21 706-670(2) and 706-624(1), shall require an offender to submit to
 
22 genetic testing as provided in section 706-A.
 
23      (b)  Genetic testing of the offender shall occur prior to
 

 
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 1 the offender's release from incarceration, and the results shall
 
 2 [Abe filed with and maintained by the criminal justice data
 
 3 center.  The results of those tests shall be furnished to any law
 
 4 enforcement agency upon request.
 
 5      706-C  Violent offender identification fund.  There is
 
 6 hereby created in the state treasury the violent offender
 
 7 identification fund, referred to in this section as the "fund".
 
 8 Moneys in the fund shall consist of payments for genetic testing
 
 9 received from offenders pursuant to section 706-A(2).  Subject to
 
10 annual appropriations by the legislature, the director of public
 
11 safety and the administrative director of the courts may expend
 
12 moneys in the fund to pay for genetic testing of offenders
 
13 pursuant to section 706-A(2).  At the end of any fiscal year, all
 
14 unexpended and unencumbered moneys in the fund shall remain
 
15 therein and shall not be credited or transferred to the general
 
16 fund or any other fund.
 
17      706-D  Sex offender identification fund.  There is hereby
 
18 created in the state treasury the sex offender identification
 
19 fund, referred to in this section as the "fund".  Moneys in the
 
20 fund shall consist of payments for genetic testing received from
 
21 offenders pursuant to section 706-A(1).  The fund shall also
 
22 include any additional moneys that may be appropriated thereto by
 
23 the legislature to fund the costs incurred in genetic testing of
 

 
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 1 sex offenders.  Subject to annual appropriations by the
 
 2 legislature, the director of public safety and the administrative
 
 3 director of the courts may expend moneys in the fund to pay for
 
 4 genetic testing of offenders pursuant to section 706-A(1).  At
 
 5 the end of any fiscal year, all unexpended and unencumbered
 
 6 moneys in the fund shall remain there in and shall not be
 
 7 credited or transferred to the general fund or any other fund."
 
 8      SECTION 2.  Section 706-624, Hawaii Revised Statutes, is
 
 9 amended by amending subsection (1) to read as follows:
 
10      "(1)  Mandatory conditions.  The court shall provide, as an
 
11 explicit condition of a sentence of probation:
 
12      (a)  That the defendant not commit another federal or state
 
13           crime during the term of probation;
 
14      (b)  That the defendant report to a probation officer as
 
15           directed by the court or the probation officer;
 
16      (c)  That the defendant remain within the jurisdiction of
 
17           the court, unless granted permission to leave by the
 
18           court or a probation officer;
 
19      (d)  That the defendant notify a probation officer prior to
 
20           any change in address or employment;
 
21      (e)  That the defendant notify a probation officer promptly
 
22           if arrested or questioned by a law enforcement officer;
 
23           [and]
 

 
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 1      (f)  That the defendant permit a probation officer to visit
 
 2           the defendant at the defendant's home or elsewhere as
 
 3           specified by the court[.]; and
 
 4      (g)  That the defendant, if convicted of an offense
 
 5           involving unlawful sexual behavior or for which the
 
 6           factual basis involved an offense involving unlawful
 
 7           sexual behavior pursuant to section 706-A(1), or if
 
 8           convicted of certain violent offenses occurring on or
 
 9           after July 1, 2000, pursuant to section 706-A(2),
 
10           submit to genetic testing as provided in section
 
11           706-A."
 
12      SECTION 3.  Section 846-1, Hawaii Revised Statutes, is
 
13 amended by amending the definition of "criminal history record
 
14 information" to read as follows:
 
15      "Criminal history record information" means information
 
16 collected by criminal justice agencies on individuals consisting
 
17 of identifiable descriptions and notations of arrests,
 
18 detentions, indictments, and other formal criminal charges, and
 
19 any disposition arising therefrom, sentencing, formal
 
20 correctional supervisory action, and release[; but].  The term
 
21 includes, without limitation, the results of chemical testing to
 
22 determine genetic markers conducted pursuant to section 706-A,
 
23 but does not include intelligence or investigative information,
 

 
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 1 identification information to the extent that such information
 
 2 does not indicate involvement of the individual in the criminal
 
 3 justice system, and information derived from offender-based
 
 4 transaction statistics systems which do not reveal the identity
 
 5 of individuals."
 
 6      SECTION 4.  Section 846-10, Hawaii Revised Statutes, is
 
 7 amended to read as follows:
 
 8      "846-10  Dissemination.  Criminal history record
 
 9 information may be disseminated to: 
 
10      (1)  The governor in individual cases or situations wherein
 
11           the governor elects to become actively involved in the
 
12           investigation of criminal activity or the
 
13           administration of criminal justice in accordance with
 
14           the governor's constitutional duty to insure that the
 
15           laws be faithfully executed; 
 
16      (2)  The attorney general in connection with the attorney
 
17           general's statutory authority and duties in the
 
18           administration and enforcement of the criminal laws and
 
19           for the purpose of administering and insuring
 
20           compliance with the provisions of this chapter; 
 
21      (3)  To such other individuals and agencies who are provided
 
22           for in this chapter or by rule [or regulation.];
 
23 provided that the results of chemical testing to determine
 

 
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 1 genetic markers conducted pursuant to section 706-A shall not be
 
 2 disseminated if disclosure would be contrary to the public
 
 3 interest."
 
 4      SECTION 5.  There is appropriated out of the general
 
 5 revenues of the State of Hawaii the sum of $          , or so
 
 6 much thereof as may be necessary for fiscal year 2000-2001, for
 
 7 the genetic testing of offenders as provided in this Act and for
 
 8 the efficient implementation of this Act.  The sum appropriated
 
 9 shall be expended by the department of public safety for the
 
10 purposes of this Act.
 
11      SECTION 6.  In codifying the new sections added to chapter
 
12 706, Hawaii Revised Statutes, by section 1 of this Act, the
 
13 revisor of statutes shall substitute appropriate section numbers
 
14 for letters used in the designation of new sections in those
 
15 sections.
 
16      SECTION 7.  Statutory material to be repealed is bracketed.
 
17 New statutory material is underscored.
 
18      SECTION 8.  This Act shall take effect on July 1, 2000.
 
19 
 
20                              INTRODUCED BY:______________________