Bill Text: HI HB136 | 2016 | Regular Session | Introduced
Bill Title: Crime; Forensic Identification; DNA Testing; Felons
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-12-17 - Carried over to 2016 Regular Session. [HB136 Detail]
Download: Hawaii-2016-HB136-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
136 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
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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-35, Hawaii Revised Statutes, is amended to read as follows:
"[[]§844D-35[]]
Collection from persons on probation, parole, or other release. (a) A
person, except for any juvenile, shall provide buccal swab samples and print
impressions and, if required pursuant to this chapter, blood specimens if:
(1) The person is on probation [or],
parole, or other release, including final unconditional release upon
satisfaction of the person's criminal sentence, for any [felony] criminal
offense, whether or not [that crime or] the offense is one set
forth in section 844D-31(a);
(2) The person has a record of any past or present conviction of a qualifying offense described in section 844D-31 or has a record of any past or present conviction or adjudication in any other court, including any state, federal, or military court, of any offense that, if committed or attempted in this State, would have been punishable as an offense described in section 844D-31; and
(3) The person's blood specimens or buccal swab samples, and print impressions authorized by this chapter are not in the possession of the department or have not been recorded as part of the state DNA database and data bank identification program.
(b) The person shall have
any required specimens, samples, or print impressions collected within [twenty
working] five calendar days of being notified by the court, or a law
enforcement agency or other entity authorized by the department. The
specimens, samples, or print impressions shall be collected in accordance with
section 844D-21 at a correctional facility or a state, county, private, or
other facility designated for [this] the collection."
SECTION 2. 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,
negligently, or recklessly 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 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] Refusal
or failure to provide specimen for forensic identification is a class C felony
unless a person [who] negligently or recklessly fails to comply with
this section [shall be guilty of], in which case it is a
misdemeanor."
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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Report Title:
Crime; Forensic Identification; DNA Testing; Felons
Description:
Specifies the requirements of DNA sample collection from subject criminal offenders that are released on parole, probation, or other release. Makes it a class C felony to intentionally or knowingly fail to provide DNA samples, and a misdemeanor for negligent or reckless failure to comply.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
