Report Title:

DNA Samples; Retention of Evidence

 

Description:

Requires police departments to retain evidence that can be used for DNA analysis until: (1) all appeals of the case have been exhausted; or (2) the defendant has completed serving the defendant's sentence, including any term of probation, whichever occurs later.

HOUSE OF REPRESENTATIVES

H.B. NO.

157

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to DNA.

 

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

SECTION 1. Chapter 706, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§706- DNA testing; retention of evidence. (1) Police departments shall retain blood samples withdrawn pursuant to section 706-603, and any other known or evidentiary DNA specimens and samples from crime scenes, criminal investigations, or forensic casework that may be used for DNA analysis, until either:

(a) All appeals of the case have been exhausted; or

(b) The defendant has completed serving the defendant's sentence, including any term of probation;

whichever occurs later.

(2) Police departments shall establish procedures and protocols for the collection and preservation of human biological specimens containing DNA samples retained pursuant to this section."

SECTION 2. Section 706-603, Hawaii Revised Statutes, is amended by amending subsection (7) to read as follows:

"(7) Blood withdrawn pursuant to this section shall be [withdrawn]:

(a) Withdrawn only by a person authorized to withdraw blood under section 286-152. The results shall be recorded, preserved, and disseminated in a manner consistent with the requirements of chapter 846[.]; and

(b) Retained by police departments pursuant to section 706- .

A defendant who has already provided the necessary samples of blood pursuant to this section shall be relieved of any further requirement to provide blood for DNA analysis, unless the court orders otherwise."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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