STAND. COM. REP. NO 662

 

Honolulu, Hawaii

                

 

RE:    S.B. No. 211

       S.D. 1

 

 

 

Honorable Donna Mercado Kim

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

 

Madam:

 

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 211 entitled:

 

"A BILL FOR AN ACT RELATING TO FORENSIC IDENTIFICATION,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to:

 

     (1)  Specify the requirements of DNA sample collection from criminal offenders that are released on parole, probation, or other release; and

 

     (2)  Establish a class C felony for intentionally or knowingly refusing or failing to provide DNA samples for forensic identification and clarify that it is a misdemeanor for the negligent or reckless failure to comply.

 

     Your Committee received testimony in support of this measure from the Department of the Attorney General; Department of the Prosecuting Attorney, City and County of Honolulu; Department of the Prosecuting Attorney, County of Maui; Office of the Prosecuting Attorney, County of Kauai; Office of the Prosecuting Attorney, County of Hawaii; Police Department, City and County of Honolulu; and Police Department, County of Maui.  Your Committee received testimony in opposition to this measure from the Office of the Public Defender and two individuals.  Your Committee received comments on this measure from the Department of Public Safety.

 

     Your Committee finds that all individuals convicted of a felony offense are required to submit DNA buccal swab samples for the purpose of establishing a DNA database that can be used to solve crimes and exonerate the innocent.  Under existing law, if a felon refuses to comply with the law, the only mechanism to obtain compliance is the threat of a misdemeanor prosecution for a negligent or reckless violation, which is not likely to deter actions or induce compliance with the law.  This measure creates a felony level offense for refusal or failure to provide DNA samples to increase compliance with the law.

 

     Your Committee has amended this measure by:

 

     (1)  Deleting section 1 because the clarification under section 844D-35, Hawaii Revised Statutes (HRS), is not necessary;

 

     (2)  Adopting the language suggested by the Department of the Attorney General that separates the misdemeanor and felony penalties under section 844D-111(b), HRS, for further clarity and less chances of confusion when charging and tracking the offenses through the criminal justice and criminal history systems;

 

     (3)  Clarifying that "intentionally", "knowingly", "recklessly", and "negligently" have the same meanings as in section 702-206, HRS;

 

     (4)  Inserting an effective date of January 7, 2059, to encourage further discussion; and

 

     (5)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 211, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 211, S.D. 1, and be placed on the calendar for Third Reading.

 


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

 

 

 

________________________________

GILBERT S.C. KEITH-AGARAN, Chair