Report Title:

Convicted felons; DNA samples

Description:

Requires DNA samples from all convicted felons and any defendant charged with a felony who has been found unfit to proceed or acquitted pursuant to chapter 704, HRS, or any comparable state, federal, or military law.

HOUSE OF REPRESENTATIVES

H.B. NO.

1065

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to deoxyribonucleic acid collection.

 

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

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

1. By amending subsections (3) to (6) 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] offense, violent offense, or any other felony shall provide two samples of blood for DNA analysis.

(4) A defendant who has been convicted of a sexual [or] offense, violent offense, or any other felony and who is in custody at a jail, prison, hospital, school, or other institution shall provide two samples of blood 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] offense, violent offense, or any other felony 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 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[;], if the defendant was convicted of a sexual or violent offense before July 20, 1998;

(b) Thirty days of the effective date of this subsection, if the defendant was convicted of any other felony before the effective date of this subsection;

[(b)] (c) Thirty days of conviction; or

[(c)] (d) 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] offense, violent offense, or any other felony 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 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 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. A defendant required to report to a police station under this subsection shall do so within:

(a) Thirty days of July 20, 1998[;], if the defendant was charged with a sexual or violent offense and was found unfit to proceed or acquitted pursuant to chapter 704, or any state, federal, or military law similar to chapter 704 before July 20, 1998;

(b) Thirty days of the effective date of this subsection, if the defendant was charged with any other felony and was found unfit to proceed or acquitted pursuant to chapter 704, or any state, federal, or military law similar to chapter 704 before the effective date of this subsection;

[(b)] (c) 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)] (d) 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."

2. By amending subsection (8) to read:

"(8) In addition to any disposition authorized by chapter 706 or 853, a defendant convicted of a sexual or violent offense after July 20, 1998, or any other felony after the effective date of this subsection 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. Notwithstanding any other law to the contrary, the assessment provided by this section 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 (10) to read:

"(10) Restitution to the victim of a sexual or violent crime, or any other felony shall be made before payment of the monetary assessment."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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