THE SENATE

S.B. NO.

1068

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO FORENSIC IDENTIFICATION.

 

 

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

 


     SECTION 1.  Section 844D-111, Hawaii Revised Statutes, is amended to read as follows:

"§844D-111  Refusal or failure to provide specimen for forensic identification.  (a)  A person commits the offense of refusal or failure to provide specimen for forensic identification if the person is required by this chapter to provide [any] a blood [specimens,] specimen, buccal swab [samples,] sample, or print [impressions] impression and intentionally or knowingly refuses or fails to provide [any of] the required blood [specimens,] specimen, buccal swab [samples,] sample, or print [impressions] impression after the person has received written notice from the department, the department of public safety, any law enforcement personnel, or any officer of the court that the person is required to provide [each and every one of the] a blood [specimens,] specimen, buccal swab [samples, and] sample, or print [impressions] impression required by this chapter.

     (b)  [Any person who negligently or recklessly fails to comply with this section shall be guilty of a misdemeanor.] Refusal or failure to provide specimen for forensic identification is a class C felony.

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before the effective date of this Act.

     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  Statutory material to be repealed is bracketed and stricken.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:

_____________________________

 

 

BY REQUEST


 


 

Report Title:

Forensic Identification

 

Description:

Clarifies the grading of the offense of refusal or failure to provide specimen for forensic identification by making an intentional or knowing violation a class C felony.

 

 

 

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