STAND. COM. REP. NO. 187

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 1014

       S.D. 1

 

 

 

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

 

Madam:

 

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 1014 entitled:

 

"A BILL FOR AN ACT RELATING TO FORENSIC IDENTIFICATION,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to create a more complete and reliable DNA database by establishing that any person who refuses or fails to provide any required blood specimen, buccal swab sample, or print impression for forensic identification shall be guilty of a class C felony.

 

     Your Committee received testimony in support of this measure from the Department of the Attorney General; Department of the Prosecuting Attorney, County of Maui; Police Department, County of Maui; and Police Department, County of Hawai‘i.  Testimony in opposition to this measure was submitted by the Office of the Public Defender.

 

     Your Committee finds that all defendants convicted of a felony offense are required to submit a DNA sample for the purpose of establishing a DNA database that can be used to solve crimes, including cold cases, and to exonerate the innocent.  Under existing law, a defendant commits the offense of refusal or failure to provide specimen for forensic identification if the defendant intentionally or knowingly refuses or fails to provide any blood specimens, buccal swab samples, or print impressions after receiving written notice of the requirement.  However, if a defendant refuses or fails to comply with the law, the only mechanism to obtain compliance is the threat of a misdemeanor for a negligent or reckless violation.  This measure repeals the misdemeanor penalty and establishes a class C felony to align the intentional or knowing action of noncompliance with the appropriate penalty.

 

     However, your Committee questions whether elevating the state of mind element to intentionally or knowingly rather than negligently or recklessly will cause more defendants to submit specimens for forensic identification.  Your Committee is concerned that elevating the state of mind element to intentionally or knowingly may instead make it more difficult to prosecute the offense of refusal or failure to provide specimens for forensic identification.

 

     Accordingly, your Committee has amended this measure by:

 

     (1)  Reinstating the language that makes it a misdemeanor for any person who negligently or recklessly fails to comply with submitting a specimen for forensic identification;

 

     (2)  Inserting an effective date of July 1, 2050, to encourage further discussion; and

 

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1014, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1014, S.D. 1, and be placed on the calendar for Third Reading.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

 

		____________________________ CLAYTON HEE, Chair