STAND. COM. REP. NO. 3693
RE: H.B. No. 2131
Honorable Ronald D. Kouchi
President of the Senate
Twenty-Ninth State Legislature
Regular Session of 2018
State of Hawaii
Your Committee on Ways and Means, to which was referred H.B. No. 2131, H.D. 1, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO SEXUAL ASSAULT,"
begs leave to report as follows:
The purpose and intent of this measure is to address the manner in which sexual assault evidence collection kits are processed, stored, and tracked and to ensure that victims of sexual assault are informed of their rights under the law.
Your Committee received written comments in support of this measure from the Department of the Attorney General, Hawai`i State Commission on the Status of Women, Honolulu Police Department, Hawaii Women Lawyers, The Sex Abuse Treatment Center, Community Alliance on Prisons, Joyful Heart Foundation, Planned Parenthood Votes Northwest and Hawaii, Oahu County Committee on Legislative Priorities of the Democratic Party of Hawai`i, YWCA Oahu, Hawaii Women's Coalition, and four individuals.
The Department of the Prosecuting Attorney of the City and County of Honolulu submitted written comments on the measure.
Your Committee finds that this measure will help ensure that sexual assault evidence collection kits are tested in a timely manner and thus enhance public safety and hold offenders accountable.
Your Committee has amended this measure by:
(1) Defining the term "eligible" with respect to DNA analyses and profiles uploaded or entered into DNA databases;
(2) Inserting a proviso that acknowledges the Department of the Attorney General will need an additional $350,743 beyond the amount the Department is currently authorized to expend from the DNA registry special fund in FY 2018-2019;
(3) Changing the effective date to July 1, 2050, to facilitate further discussion on the measure; and
(4) Making technical nonsubstantive changes for the purposes of clarity, consistency, and style.
Your Committee notes that although the measure defines "DNA", the measure references "autosomal DNA". The reason for this distinction is not readily apparent. If the reference to "autosomal" is unnecessary, then for clarity, it may be preferable to delete all references to "autosomal" and amend the definition of "DNA" to provide that the term has the same meaning as in section 844D-1, Hawaii Revised Statutes. Your Committee respectfully requests that this issue be considered as the measure moves forward in the legislative process.
As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2131, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2131, H.D. 1, S.D. 2.
Respectfully submitted on behalf of the members of the Committee on Ways and Means,
DONOVAN M. DELA CRUZ, Chair