Bill Text: HI HB2193 | 2014 | Regular Session | Introduced


Bill Title: Crime; Felonies; DNA Collection; Appropriation ($)

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-27 - Referred to HLT, JUD, FIN, referral sheet 6 [HB2193 Detail]

Download: Hawaii-2014-HB2193-Introduced.html

HOUSE OF REPRESENTATIVES

H.B. NO.

2193

TWENTY-SEVENTH LEGISLATURE, 2014

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to DNA collection from persons charged of certain crimes.

 

 

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

 


     SECTION 1.  Section 844D-31, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Any person, except for any juvenile, who [is convicted]:

     (1)  Is convicted of[, or pleads] any felony offense;

     (2)  Pleads guilty or no contest to[,] any felony offense, even if the plea is deferred[, or is];

     (3)  Is found not guilty by reason of insanity of any felony offense[,]; or

     (4)  Is arraigned upon an information, complaint, or indictment pursuant to chapter 806 on a charge of having committed any class A or B felony offense,

shall provide buccal swab samples and print impressions of each hand, and, if required by the collecting agency's rules or internal regulations, blood specimens, required for law enforcement identification analysis."

     SECTION 2.  Section 844D-34, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§844D-34[]]  Collection from persons confined or in custody after arraignment, conviction, or adjudication.  A person, except for any juvenile, shall provide buccal swab samples and print impressions and, if required by the collecting agency's rules or internal regulations, blood specimens, immediately at intake, or during the prison reception center process, or as soon as administratively practicable at the appropriate custodial or receiving institution or program if:

     (1)  The person is imprisoned or confined or placed in a state correctional facility, a county correctional facility, the department of public safety, a residential treatment program, or any state, county, private, or other facility [after a conviction]:

         (A)  After a conviction of any felony offense; or

         (B)  At the time of arraignment upon an information, complaint, or indictment pursuant to chapter 806 on a charge of having committed any class A or B felony offense;

     (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."

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2014-2015 to be deposited into the DNA registry special fund.

     SECTION 4.  There is appropriated out of the DNA registry special fund the sum of $           or so much thereof as may be necessary for fiscal year 2014-2015 for reimbursements to county police departments for expenses related to the collection and processing of DNA buccal swab samples, print impressions, and specimens made pursuant to this Act.

     The sum appropriated shall be expended by the department of the attorney general for the purposes of this Act.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval; provided that sections 3 and 4 of this Act shall take effect on July 1, 2014.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Crime; Felonies; DNA Collection; Appropriation

 

Description:

Requires DNA collection from persons who are formally charged with any class A or B felony.  Makes appropriation to reimburse counties.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

 

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