Bill Text: HI HB1023 | 2010 | Regular Session | Introduced
Bill Title: Forensic Identification
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB1023 Detail]
Download: Hawaii-2010-HB1023-Introduced.html
Report Title:
Forensic Identification
Description:
Clarifies the state of mind requirements and grading for offenses of refusing to provide a DNA buccal swab sample by making a knowing violation a C felony and a negligent violation a misdemeanor.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1023 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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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 blood specimens,
buccal swab samples, or print impressions and [intentionally or]
knowingly or negligently refuses or fails to provide any of the required
blood specimens, buccal swab samples, or print impressions after the person has
received written notice from the department, the department of public safety,
any law enforcement personnel, or an officer of the court that the
person is required to provide each and every one of the blood specimens, buccal
swab samples, and print impressions required by this chapter.
(b) Any person who knowingly violates subsection (a) shall be guilty of a class C felony.
[(b)] (c) Any person who
negligently [or recklessly fails to comply with this section] violates
subsection (a) shall be guilty of a misdemeanor."
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 Statutory material to be repealed is bracketed and stricken.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.
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INTRODUCED BY: |
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By Request
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