HOUSE OF REPRESENTATIVES

H.R. NO.

66

TWENTY-SECOND LEGISLATURE, 2004

H.D. 1

STATE OF HAWAII

 
   


HOUSE RESOLUTION

 

REQUESTING THE FORMATION OF AN INTERIM COMMITTEE TO STUDY ISSUES OF EXPANDING THE STATE DNA DATABASE REGISTRY AND IMPROVING THE COLLECTION AND ANALYSIS OF DNA SAMPLES.

 

WHEREAS, the increased use of crime scene samples of deoxyribonucleic acid ("DNA") to identify perpetrators of criminal offenses helps law enforcement officials address issues of crime in several ways; and

WHEREAS, collection of DNA samples from crime scenes and the inputting of those samples into a database helps law enforcement officials prevent crimes; and

WHEREAS, the U.S. Department of Justice estimates that the average rapist commits anywhere from 8 to 12 sexual assaults; and

WHEREAS, using DNA sampling to identify the rapist could prevent up to 11 sexual assaults per offender; and

WHEREAS, the use of DNA sampling has helped to exonerate wrongfully convicted people, many who have been imprisoned for decades, and to bring justice upon the real perpetrators; and

WHEREAS, reducing the number of people wrongfully imprisoned is essential to the integrity of any criminal justice system; and

WHEREAS, neighbor island police departments do not have crime labs that are equipped to analyze DNA and must send samples to the mainland for processing, which is an expensive endeavor; and

WHEREAS, the Honolulu Police Department has a crime lab that is equipped to analyze DNA, but the lab lacks technicians and storage space for DNA samples that is sufficient to analyze large demand; and

WHEREAS, an increased DNA processing and storage capacity at the Honolulu Police Department's crime lab and the use of memoranda of understanding would allow the Honolulu Police Department to assist neighbor island law enforcement; and

WHEREAS, an increased DNA processing and storage capacity would allow for the collection of DNA samples from all felons, increase the number of "cold hits", and potentially lead to the solving of previously stymied cases and exoneration of those wrongfully convicted; and

WHEREAS, the increasing use of buccal swabs to collect DNA samples provides a less invasive, less expensive, and comparably accurate alternative to the collection of blood samples, proven by the great benefits achieved in the many jurisdictions using this method; and

WHEREAS, federal money is available to address the backlog of DNA processing and storage; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-second Legislature of the State of Hawaii, Regular Session of 2004, that the following are requested to appoint representatives to serve on an interim committee to study the issues relating to the expansion of the state DNA database registry, improvement of DNA collection and analysis, and the use of the state DNA database registry to exonerate the wrongfully convicted:

(1) The United States Attorney for the District of Hawaii;

(2) The Attorney General;

(3) Each county police department;

(4) Each county prosecutor;

(5) The Federal Public Defender;

(6) The Public Defender;

(7) The Hawaii State Bar Association;

(8) The Criminal Defense Bar; and

(9) The American Civil Liberties Union of Hawaii;

and

BE IT FURTHER RESOLVED that the interim committee is requested to submit its findings and recommendations to the Legislature no later than 20 days prior to the convening of the Regular Session of 2005; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to:

(1) The United States Attorney for the District of Hawaii;

(2) The Attorney General;

(3) The Police Chief of each county police department;

(4) Each county prosecutor;

(5) The Federal Public Defender;

(6) The Public Defender;

(7) The President of the Hawaii State Bar Association;

(8) The President of the Criminal Defense Bar;

(9) The Director of the American Civil Liberties Union of Hawaii; and

(10) Members of Hawaii's Congressional delegation.

 

 

Report Title:

Expansion of DNA registry; Study by Interim Committee