THE SENATE

S.B. NO.

2309

TWENTY-EIGHTH LEGISLATURE, 2016

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO SEXUAL ASSAULT.

 

 

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

 


     SECTION 1.  Chapter 844D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§844D-    Sexual assault kit tracking program.  (a)  The department of the prosecuting attorney of each county, in consultation with the department of the attorney general, shall establish a sexual assault kit tracking program for the respective county to ensure that sexual assault kits are obtained and analyzed in a timely manner.  The program shall require that:

     (1)  Beginning July 1, 2016, any law enforcement agency that receives a sexual assault kit obtained in connection with the investigation of a criminal case shall submit that sexual assault kit within ten business days of receipt to a laboratory authorized to analyze crime scene samples under section 844D-51;

     (2)  Any authorized laboratory that receives a sexual assault kit from a law enforcement agency shall complete analysis of that sexual assault kit within six months of receipt; provided that sufficient staffing and resources are available;

     (3)  The results of all sexual assault kits submitted for analysis and analyzed shall be uploaded, pursuant to rules and internal operations established by the department, to the state DNA database and data bank identification program and the Federal Bureau of Investigation Combined DNA Index System; and

     (4)  Any law enforcement agency that receives a sexual assault kit obtained in connection with the investigation of a criminal case shall provide written notice annually to the department of the attorney general, in a form and manner prescribed by the department of the attorney general, stating the number of sexual assault kits related to a criminal investigation in the custody of the department, or a designated entity, that have not been submitted to a laboratory for analysis.

     (b)  The department of the attorney general shall make arrangements with one or more laboratories authorized to analyze crime scene samples under section 844D-51 to ensure that all sexual assault kits that were collected prior to July 1, 2016, and that are the subject of a criminal investigation are analyzed and that the results are entered into the state DNA database and data bank identification program and the Federal Bureau of Investigation Combined DNA Index System.

     (c)  The failure of a law enforcement agency to submit a sexual assault kit collected on or after July 1, 2016, pursuant to subsection (a) shall in no way alter the authority of the law enforcement agency to submit the sexual assault kit, the authority of a laboratory to accept and analyze the sexual assault kit, or the authority of the department to maintain or upload the results into the state DNA database and data bank identification program and the Federal Bureau of Investigation Combined DNA Index System.

     (d)  All sexual assault kit evidence submitted for analysis pursuant to this section shall be accompanied by the following signed certification:

"This evidence is being submitted by (name of investigating law enforcement agency) in connection with a prior or current criminal investigation."

     (e)  Evidence derived from the analysis of any sexual assault kit is not made inadmissible in court by the fact that it was not processed and analyzed within the timeframes required by this section.

     (f)  If the department of the prosecuting attorney for any county receives written confirmation from the investigating law enforcement agency or the department of the prosecuting attorney otherwise determines that a record that has been uploaded into the state DNA database and data bank identification program and the Federal Bureau of Investigation Combined DNA Index System was not connected to a criminal investigation, the record shall be expunged from the state DNA database and data bank identification program pursuant to rules and procedures established by the department and from the Federal Bureau of Investigation Combined DNA Index System.  The failure to expunge a record or strictly comply with this subsection shall not be grounds for challenging the validity of the state DNA database and data bank identification program and the Federal Bureau of Investigation Combined DNA Index System match or other information, and evidence based upon or derived from the state DNA database and data bank identification program and the Federal Bureau of Investigation Combined DNA Index System may not be excluded by a court for these reasons.

     (g)  The department of the prosecuting attorney of each county shall adopt rules necessary to carry out the purposes of this section."

     SECTION 2.  Section 844D-1, Hawaii Revised Statutes, is amended as follows:

     1.  By amending the definition of "print impression" to read:

     ""Print impression" means any fingerprint, thumbprint, palm print, or set of fingerprints or palm prints designated in the department's rules or internal regulations [adopted pursuant to section 844D‑3]."

     2.  By amending the definition of "sample" to read:

     ""Sample" means human biologic material collected in a manner specified in the department's rules or internal regulations [adopted pursuant to section 844D‑3], including but not limited to[,] saliva collected by means of buccal swab."

     3.  By amending the definition of "specimen" to read:

     ""Specimen" means human biologic material collected in a manner specified in the department's rules or internal regulations [adopted pursuant to section 844D‑3], including but not limited to blood."

     SECTION 3.  The department of the prosecuting attorney of each county shall review the sexual assault kit tracking program and report its respective findings and recommendations regarding the program, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2017.  The report shall include the respective number of unprocessed sexual assault kits collected statewide prior to July 1, 2016, and the most up to date information on the reduction of any backlog.  The department of the prosecuting attorney of each county shall make the report available to the public on its respective website.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 


 


 

Report Title:

Evidence; Sexual Assault Kit Tracking Program

 

Description:

Establishes the sexual assault kit tracking program.  Requires a law enforcement agency to submit sexual assault kits obtained in connection to a criminal investigation to an authorized laboratory within 10 days, the laboratory to complete analysis within 6 months, and results to be uploaded to the state DNA database and data bank identification program and the Federal Bureau of Investigation Combined DNA Index System.  Requires each law enforcement agency that obtains a sexual assault kit in connection to a criminal investigation to report to the department of the attorney general annually on the number of sexual assault kits in the custody of HPD that have not been submitted for analysis.  Requires the prosecuting attorney of each county to submit a report to the legislature prior to the convening of the regular session 2017 on the number of untested kits and any progress on reducing the backlog.  Requires the legislative reports to be made available to the public.  (SD1)

 

 

 

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