HOUSE OF REPRESENTATIVES

H.C.R. NO.

207

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 
   


HOUSE CONCURRENT

RESOLUTION

 

requesting a study of the use of deoxyribonucleic acid for purposes other than that for which it was originally drawn and TO ADDRESS concerns for necessary DISCLOSURE.

 

 

WHEREAS, advances in technology have allowed law enforcement agencies to use deoxyribonucleic acid, or DNA, found at crime scenes to assist in identifying perpetrators of criminal offenses, especially repeat offenders, as well as to identify biological lineage; and

WHEREAS, expanding DNA database requirements may help prevent crimes and determine delinquent parentage; and

WHEREAS, a DNA database is a powerful law enforcement tool, which may restore the freedom of a wrongfully accused or prosecuted person and may correctly prosecute those who are truly guilty; and

WHEREAS, the method of drawing samples to be used by law enforcement and others and further issues of medical privacy are of great concern; and

WHEREAS, we do not wish to become a police state, and we wish to preserve our rights and liberties while maintaining order; and

WHEREAS, a simple disclaimer and notification can be used, like a Miranda warning, which could possibly read as follows:

"Your blood/tissue [may or will] be tested for genetic factors and the information obtained [may or will] reveal genetic information about you. Genetic tests may reveal other information unrelated to the purposes for which this blood/tissue has been drawn. For example, in cases where parents and children are both tested, the test may disclose biological lineage. Some tests reveal information that may affect a person's ability to obtain or keep medical or life insurance.

The results of these tests [may or will] be made available to your primary care physician, law enforcement, or others by court order. Your blood/tissue [may or will] be saved in a sample database and these samples, taken from your body, would be able to be linked back to you. The specimen(s) may be kept for a long period of time, possibly up to fifty years."; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-second Legislature of the State of Hawaii, Regular Session of 2004, the Senate concurring, that the Department of Health jointly with the University of Hawaii John A. Burns School of Medicine are requested to conduct a study on the feasibility of using standard language to inform and disclose to a person the possible uses of genetic material, specifically deoxyribonucleic acid, to be drawn from the person, and the implementation of a standard method of gaining permission from the person for possible uses of genetic material drawn; and

BE IT FURTHER RESOLVED that this study is requested to consider the right of a person to information disclosing the means by which genetic materials are to be retrieved from that person, or from a direct next-of-kin, and used for purposes other than the originally intended purpose; and

BE IT FURTHER RESOLVED that this study is further requested to consider the power to draw and use genetic material from incapacitated persons or cadavers for purposes beyond that for which the sample was drawn; and

BE IT FURTHER RESOLVED that the Department of Health jointly with the University of Hawaii John A. Burns School of Medicine are requested to initiate and complete this study and submit a report to the Legislative Reference Bureau no later than October 31, 2004, in order for the Legislative Reference Bureau to generate any necessary proposed legislation; and

BE IT FURTHER RESOLVED that the Department of Health and the University of Hawaii John A. Burns School of Medicine are requested to submit its final report, including findings, recommendations, and the necessary proposed legislation generated by the Legislative Reference Bureau, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2005; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of Health, the Director of the Legislative Reference Bureau, the Dean of the John A. Burns School of Medicine, and to the Governor.

 

 

 

OFFERED BY:

_____________________________

Report Title:

Study of immigrants and non-United States citizens.