Report Title:

DNA Samples; Retention of Evidence

 

Description:

Requires county police department 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.

1005

TWENTY-SECOND LEGISLATURE, 2003

 

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 (1) A county police department shall retain all blood samples withdrawn pursuant to section 706-603 and any other known or evidentiary DNA specimens and samples obtained from crime scenes, criminal investigations, or forensic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) Each county police department 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"(7) Blood withdrawn pursuant to this section shall be [withdrawn]:

(a) Withdrawn only by a person authorized to withdraw blood under section 291E-12. The results shall be recorded, preserved, and disseminated in a manner consistent with the requirements of chapter 846[.]; and

(b) Retained by the applicable police department 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 Statutory material to be repealed is bracketed and stricken.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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