Report Title:

Crimes and Criminal Proceedings; DNA Database

Description:

Requires collection of DNA from all persons convicted of a felony, including minors adjudicated of a felony, and requires defendant to provide buccal swabs in addition to blood samples.

HOUSE OF REPRESENTATIVES

H.B. NO.

64

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO DNA COLLECTION.

 

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

SECTION 1. Section 706-603, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (1) to read:

"(1) As used in this section, unless the context otherwise requires:

"Buccal swab" means the method of collecting cells from the mouth cavity by wiping the interior surface of the cheek.

"Conviction" means that a verdict has been rendered by a judge or jury, or a plea of guilty or nolo contendere has been accepted by the court[.] or a minor has made an admission in a family court proceeding conducted pursuant to chapter 571.

"Defendant" means any person, whether an adult or a minor in a proceeding conducted pursuant to chapter 571, against whom a proceeding has been initiated in a court having jurisdiction over the person for conduct that constitutes an offense under section 701-107.

"DNA" means deoxyribonucleic acid.

"Felony offense" means any offense for which the punishment prescribed by statute includes imprisonment for more than one year.

"Licensed psychologist" means psychologists licensed under chapter 465 but also includes psychologists exempt from licensure under section 465-3(a)(3).

"Sexual offense" means an offense as defined in chapter 846E as a sexually violent offense or a criminal offense against a victim who is a minor.

"Violent offense" means murder, or attempted murder, in any degree."

2. By amending subsections (3) to (8) to read:

"(3) After entry of a plea of guilty or no contest or return of a verdict of guilty, a defendant who has been convicted of a sexual, [or] violent, or felony offense shall provide two samples of blood and a buccal swab for DNA analysis.

(4) A defendant who has been convicted of a sexual, [or] violent, or felony offense and who is in custody at a jail, prison, hospital, school, or other institution shall provide two samples of blood and a buccal swab for DNA analysis. The person in charge of such an institution, or that person's designee, shall arrange for the sample to be collected and analyzed.

(5) A defendant who has been convicted of a sexual [or], violent, or felony offense and who is not in custody shall report in person to any police station in the county in which the defendant resides or is present to schedule an appointment to provide two samples of blood and a buccal swab for DNA analysis. A defendant required to report to a police station under this subsection shall do so within:

(a) Thirty days of July 20, 1998;

(b) Thirty days of conviction; or

(c) Thirty days after arrival in this State, if the defendant expects to be present in this State for a period exceeding thirty days.

(6) A defendant who has been charged with a sexual [or], violent, or felony offense and who has been found unfit to proceed or acquitted pursuant to chapter 704, or any state, federal, or military law similar to chapter 704 shall provide two samples of blood and a buccal swab for DNA analysis. The person in charge of the jail, prison, hospital, school, or other institution where the defendant is in custody, or that person's designee, shall arrange for the sample to be collected and analyzed. A defendant who is not in custody and who is required to provide blood and a buccal swab under this subsection shall report in person to any police station in the county in which the defendant resides or is present to schedule an appointment to provide two samples of blood[.] and a buccal swab. A defendant required to report to a police station under this subsection shall do so within:

(a) Thirty days of July 20, 1998;

(b) Thirty days of the release following an acquittal or finding of unfitness to proceed under chapter 704; or any state, federal, or military law similar to chapter 704; or

(c) Thirty days after arrival in the State,

if the defendant resides or expects to be present in the State for a period exceeding thirty days.

(7) Blood withdrawn pursuant to this section shall be withdrawn only by a person authorized to withdraw blood under section 291E-12. Buccal swabs obtained pursuant to this section shall be conducted by law enforcement personnel trained in the collection and preservation of biological evidence. The results of any tests performed on the blood and buccal swab shall be recorded, preserved, and disseminated in a manner consistent with the requirements of chapter 846. A defendant who has already provided the necessary samples of blood and a buccal swab pursuant to this section shall be relieved of any further requirement to provide blood for DNA analysis, unless the court orders otherwise. A defendant who has already provided two samples of blood pursuant to this section prior to July 1, 2005, shall not also be required to provide a buccal swab.

(8) In addition to any disposition authorized by chapter 706 [or], 853, or 571, a defendant convicted of a sexual [or], violent, or felony offense after July 20, 1998, may be ordered to pay a monetary assessment of $500 or the actual cost of the DNA analysis, whichever is less. The court shall not order the defendant to pay the monetary assessment unless the defendant is or will be able to pay the monetary assessment. The parent or guardian of an unemancipated minor who is required to provide blood and a buccal swab pursuant to this section shall be jointly and severally liable for payment of the monetary assessment. Notwithstanding any other law to the contrary, the assessment [provided] required by this [section] subsection shall be in addition to, and not in lieu of, and shall not be used to offset or reduce, any fine authorized or required by law. All assessments shall be paid into the DNA registry special fund established in subsection (9)."

3. By amending subsection (11) to read:

"(11) Any person required to provide blood samples and a buccal swab under this section who negligently or recklessly fails to comply shall be guilty of a misdemeanor; and any person who intentionally or knowingly fails to provide blood samples and a buccal swab under this section shall be guilty of a class C felony."

SECTION 2. This Act shall apply to all cases in which sentence is imposed after June 30, 2005, regardless of when the offense was committed.

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

SECTION 4. This Act shall take effect on July 1, 2005.

INTRODUCED BY:

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