STAND. COM. REP. NO. 1336-04

Honolulu, Hawaii

, 2004

RE: H.C.R. No. 97

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.C.R. No. 97 entitled:

"HOUSE CONCURRENT 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,"

begs leave to report as follows:

The purpose of this concurrent resolution is to improve law enforcement in the State by requesting the formation of an interim committee to study issues relating to the expansion of the state DNA database registry and the improvement of DNA collection and analysis.

The County of Maui Police Department and a concerned individual testified in support of this measure.

Your Committee finds that in addition to helping identify perpetrators of criminal offenses, DNA samples have also been used to effect justice in cases where a person has been wrongfully convicted and the real perpetrator has gone unpunished. Such uses should be included in any discussion on the forensic use of DNA. Your Committee further finds that discussions regarding the state DNA database registry should include a broad range of stakeholders.

Your Committee has amended this concurrent resolution by:

(1) Requesting the proposed interim committee to also discuss and consider the use of the state DNA database registry to exonerate the wrongfully convicted and to provide recommendations on all issues;

(2) Adding members to the interim committee, including representatives from the Federal Public Defender, Public Defender, Hawaii State Bar Association, Criminal Defense Bar, and American Civil Liberties Union of Hawaii; and

(3) Making technical, nonsubstantive amendments for clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 97, as amended herein, and recommends that it be referred to the Committee on Finance in the form attached hereto as H.C.R. No. 97, H.D. 1.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary,

 

____________________________

ERIC G. HAMAKAWA, Chair