Bill Text: HI SB275 | 2015 | Regular Session | Amended
Bill Title: Attorney General; Hawaii Sexual Assault Response and Training Program; Sexual Assault Evidence Collection and Analysis; Appropriation ($)
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Engrossed - Dead) 2015-03-25 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and Ing, Luke excused (2). [SB275 Detail]
Download: Hawaii-2015-SB275-Amended.html
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THE SENATE |
S.B. NO. |
275 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO SEXUAL ASSAULT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that health care personnel use a sexual assault evidence collection kit, commonly referred to as a rape kit, to collect and preserve physical evidence, including DNA, after an alleged sexual assault to help identify an assailant or eliminate a suspect. Unlike Hawaii, twenty-seven states already have laws regarding sexual assault victims, forensic medical examinations, and the collection of forensic evidence using a rape kit. These laws vary from requiring training of medical staff conducting forensic medical examinations of sexual assault victims to establishing rape kit evidence collection and analysis timelines.
The purpose of this Act is to improve the State's ability to hold perpetrators accountable and ensure responsive and effective criminal justice practices through the establishment of the statewide sexual response system and sexual assault victim examination protocols, including time frames pertaining to the collection, submittal, and analysis of forensic medical evidence.
SECTION 2. Chapter 28, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"Part . Hawaii seXUAL ASSAULT response and training program
§28-A Definitions. As used in this part, unless the context clearly indicates otherwise:
"Department" means the department of the attorney general.
§28‑B Hawaii sexual assault response and training program; establishment; purpose. (a) The department shall administer the Hawaii sexual assault response and training program by procuring the necessary services to establish and implement the Hawaii sexual assault response and training program, a statewide coordinated, multi-disciplinary approach to delivering medical care to victims of sexual assault, and for the collection, management, and evaluation of forensic evidence related to sexual assault offenses under sections 707-730, 707-731, 707-732, 707-733, and 707‑733.6.
(b) The purpose of the Hawaii sexual assault response and training program shall be to sustain a consultative partnership on responding to sexual assault, which may include researching and incorporating state-of-the-art sexual assault medical forensic services into daily practices; coordinating multidisciplinary training to address sexual assault offenses and its victims; exploring national issues and best practices on sexual assault responses; achieving statewide standardization of processes to respond to sexual assault; and identifying and resolving challenges in responding to sexual assault.
§28‑C Hawaii sexual assault response and training program membership; terms; duties. (a) The Hawaii sexual assault response and training program membership shall include, but is not limited to:
(1) A representative from each county prosecuting attorney's office;
(2) A sexual assault forensic physician or nurse examiner from each county;
(3) A representative from each county police department;
(4) The department's statewide sexual assault services contract recipient and the recipient's subrecipients; and
(5) A representative from the Honolulu police department scientific investigation section.
(b) The members shall serve for an unlimited number of two-year terms.
(c) The members shall serve without compensation but shall be reimbursed for necessary expenses, including travel expenses.
(d) It shall be the duty of each member to implement the statewide sexual assault response and training program pursuant to section 28‑B."
SECTION 3. Chapter 844D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§844D- Sexual assault evidence collection, submittal, and analysis. (a) Within seventy-two hours of receipt of written consent, the health care provider shall submit evidence collected as a result of the forensic medical examination to the department for evaluation of the presence of a body fluid, cellular material, or DNA.
(b) Within fourteen days of receipt of evidence collected as a result of the forensic medical examination, the department shall submit the evidence for evaluation of the presence of a body fluid, cellular material, or DNA to the designated entity, as provided in section 844D-23.
(c) Within ninety days of receipt of evidence collected as a result of the forensic medical examination, the department or the department's designated entity, as provided in section 844D‑23, shall evaluate the evidence for the presence of a body fluid, cellular material, or DNA.
(d) Records derived from the DNA analysis in subsection (c) shall be included in the state DNA database.
(e) The failure of the department to take possession of forensic medical examination sexual assault evidence or to submit evidence for analysis within the time prescribed under this section shall not alter the authority of the department to take possession of that evidence or submit that evidence for analysis, or the authority of the department or department's designated entity to analyze the evidence.
(f) The failure to comply with the requirements of this section does not constitute grounds in a criminal proceeding for challenging the validity of a database match or of any database information, and any evidence of that DNA record shall not be excluded by a court on those grounds."
SECTION 4. 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 2015-2016 and the same sum or so much thereof as may be necessary for fiscal year 2016-2017 for the implementation of the Hawaii sexual assault response and training program pursuant to this Act.
The sums appropriated shall be expended by the department of the attorney general for the purposes of this Act.
SECTION 5. 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 2015-2016 and the same sum or so much thereof as may be necessary for fiscal year 2016-2017 for a grant-in-aid to the Honolulu police department of the city and county of Honolulu to comply with section 3 of this Act.
The sums appropriated shall be expended by the Honolulu police department of the city and county of Honolulu for the purposes of this Act.
SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 7. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 8. New statutory material is underscored.
SECTION 9. This Act shall take effect upon its approval; provided that sections 4 and 5 of this Act shall take effect on July 1, 2015.
Report Title:
Attorney General; Hawaii Sexual Assault Response and Training Program; Sexual Assault Evidence Collection and Analysis; Appropriation
Description:
Establishes the Hawaii sexual assault response and training program and sexual assault victim examination protocols, including time frames pertaining to the collection, submittal, and analysis of forensic medical evidence. Makes appropriations. (SB275 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
