Bill Text: HI SB2253 | 2014 | Regular Session | Amended
Bill Title: Forensic Identification; Penalties
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2014-03-19 - Passed Second Reading and referred to the committee(s) on JUD with none voting aye with reservations; none voting no (0) and Representative(s) Takai, Thielen excused (2). [SB2253 Detail]
Download: Hawaii-2014-SB2253-Amended.html
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THE SENATE |
S.B. NO. |
2253 |
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TWENTY-SEVENTH LEGISLATURE, 2014 |
S.D. 1 |
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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. Chapter 844D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§844D- Refusal or failure to provide specimen for forensic identification in the second degree. (a) A person commits the offense of refusal or failure to provide specimen for forensic identification in the second degree if the person is required by this chapter to provide a blood specimen, buccal swab sample, or print impression and negligently or recklessly refuses or fails to provide the required blood specimen, buccal swab sample, or print impression after the person has received written notice from the department, the department of public safety, any law enforcement personnel, or any officer of the court that the person is required to provide a blood specimen, buccal swab sample, or print impression required by this chapter.
(b) Refusal or failure to provide specimen for forensic identification in the second degree is a misdemeanor."
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[.] in the first degree.
(a) A person commits the offense of refusal or failure to provide specimen
for forensic identification in the first degree if the person is
required by this chapter to provide [any] a blood [specimens,]
specimen, buccal swab [samples,] sample, or print [impressions]
impression and intentionally or knowingly refuses or fails to provide [any
of] the required blood [specimens,] specimen, buccal swab [samples,]
sample, or print [impressions] impression after the person
has received written notice from the department, the department of public
safety, any law enforcement personnel, or any officer of the court that
the person is required to provide [each and every one of the] a blood
[specimens,] specimen, buccal swab [samples, and] sample,
or print [impressions] impression required by this chapter.
(b) [Any person who negligently or
recklessly fails to comply with this section shall be guilty of a misdemeanor.]
Refusal or failure to provide specimen for forensic identification in the
first degree is a class C felony."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2050.
Report Title:
Forensic Identification; Penalties
Description:
Clarifies the grading of the offense of refusal or failure to provide specimen for forensic identification by grading an intentional or knowing violation as a class C felony, and a negligent or reckless violation as a misdemeanor offense. Effective 07/01/50. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
