Hawaii Revised Statutes 844d. Forensic Identification

PART I. DEFINITIONS, ADMINISTRATION

• 844d-1 Definitions.
  In this chapter, unless a different meaning is plainly required: "Autoradiograph" means photographic film developed when exposed to radioactivity appearing as darkened areas which represents...
• 844d-2 Administration.
  The department shall be responsible for the management and administration of the state DNA database and data bank identification program and for liaison with the...

PART II. COLLECTION, ANALYSIS, AND REPOSITORY

• 844d-21 Collection of Specimens, Samples, and Print Impressions At Correctional Facility or Other Detention Facility.
  (a) When the specimens, samples, or print impressions required by this chapter are collected at a correctional facility or other detention facility, including private correctional...
• 844d-22 Analysis and Examination of Specimens for Identification Purposes.
  (a) The department shall authorize DNA analysis and other forensic identification analysis pursuant to this chapter only for identification purposes. (b) The department shall perform...
• 844d-23 Repository of Samples and Records
  . (a) The department may designate itself or other appropriate entities to serve as repositories for blood specimens and buccal swab and other biological samples,...

PART III. OFFENDERS SUBJECT TO COLLECTION OF SPECIMENS OR SAMPLES, OR PRINT IMPRESSIONS

• 844d-31 Offenders Subject to Collection.
  (a) Any person, except for any juvenile, who is convicted of, or pleads guilty or no contest to, any felony offense, even if the plea...
• 844d-32 Application to All Qualifying Persons.
  (a) The provisions of this chapter, including the requirement that all specimens, samples, and print impressions shall be provided as soon as administratively practicable...
• 844d-33 Notification by Prosecutor and Inquiry by Court.
  (a) If at any stage of court proceedings the prosecutor determines that the specimens, samples, or print impressions required by this chapter have not...
• 844d-34 Collection From Persons Confined or in Custody After 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...
• 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...
• 844d-36 Collection From Parole Violators and Others Returned to Custody.
  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...
• 844d-37 Collection From Persons Accepted Into Hawaii From Other Jurisdictions.
  (a) When an offender from another state is accepted into this State under any interstate compact, or under any other reciprocal agreement with any county,...
• 844d-38 Collection of Replacement Specimen Found Spoiled or Unusable.
  Whenever the department notifies the department of public safety or any other law enforcement agency that a biological specimen, sample, or print impression is not...
• 844d-39 Collection of Specimen From Sex Offense Registrants.
  (a) If a person, except for any juvenile, is convicted of, pleads guilty or no contest to, or is found not guilty by reason of...
• 844d-40 Collection of Specimens From Persons Required to Register Under Chapter 846e Who Have Not Yet Provided Samples.
  (a) Any person who is required to register under chapter 846E who has not provided the specimens, samples, or print impressions described in this...
• 844d-41 Retroactive Application.
  Sections 844D-31, 844D-33, and 844D-34 to 844D-37 shall have retroactive application. Collection shall occur pursuant to sections 844D-34 to 844D-38 regardless of when the crime...

PART IV. CRIME SCENE AND RELATED EVIDENCE;
COMPARISON AGAINST FORENSIC IDENTIFICATION DATA

• 844d-51 Analysis of Crime Scene Samples.
  The following entities are authorized to analyze crime scene samples and other samples of known and unknown origin and to compare and check the forensic...
• 844d-52 Anonymous Analysis of Specimens and Samples.
  Laboratories, including law enforcement laboratories, that are accredited by [the] American Society of Crime Laboratory Directors/Laboratory Accreditation Board or any certifying body approved by the...
• 844d-53 Analysis of Forensic Identification Profiles.
  A biological sample obtained from a suspect in a criminal investigation for the commission of any crime may be analyzed for forensic identification profiles, including...
• 844d-54 Laboratories Contributing Dna Profiles to Be Accredited.
  All laboratories contributing DNA profiles for inclusion in the state DNA data bank and database shall be accredited by the American Society of Crime Laboratory...
• 844d-55 Other Law Enforcement Dna Laboratories.
  Nothing in this chapter shall preclude other law enforcement DNA laboratories from maintaining local forensic databases and data banks or performing forensic identification analyses,...
• 844d-56 Limitations Not Cause for Dismissal.
  The limitation on the types of offenses set forth in section 844D-31(a) that are subject to the collection and testing procedures of this chapter is...
• 844d-57 No Invalidation Based on Erroneous Placement or Retention of Specimens, Samples, or Print Impressions.
  The detention, arrest, wardship, adjudication, or conviction of a person based upon a data bank match or database information is not invalidated if it is...

PART V. SAMPLE AND SPECIMEN COLLECTION PARAPHERNALIA AND INSTRUCTIONS; CIVIL OR CRIMINAL LIABILITY
FOR COLLECTION; AND DATA ENTRY

• 844d-61 Blood Specimens, Buccal Swab Samples, and Print Impressions Shall Be Forwarded Promptly to the Department.
  The director of public safety, the chief of police, or the administrator of the correctional facility, jail, or other facility at which the blood specimens,...
• 844d-62 Procedures for the Collection and Forwarding of Samples.
  (a) The department of the attorney general shall provide all blood specimen collectors, buccal swab sample collectors, mailing envelopes, labels, and instructions for the...
• 844d-63 Limitations on Civil and Criminal Liability.
  (a) Persons authorized to draw blood or obtain samples or print impressions under this chapter for the data bank or database shall not be civilly...
• 844d-64 Processing of Offender Specimens.
  (a) To ensure expeditious and economical processing of offender specimens and samples for inclusion in the FBI's Combined DNA Index System and the state DNA...

PART VI. REQUEST FOR EXPUNGEMENT OF INFORMATION; PROCEDURE

• 844d-71 Expungement of Dna Information From State Dna Database and Data Bank Identification Program
  . (a) A person whose DNA profile has been included in the state DNA database and data bank identification program pursuant to this chapter shall...
• 844d-72 Destruction of Samples and Expungement of Searchable Dna Database Profile.
  (a) Except as provided below, the department shall destroy the sample and expunge the searchable DNA database profile pertaining to the person who has...
• 844d-73 No Authorization to Relieve a Person of Administrative Duty to Provide Specimens, Samples, or Print Impressions.
  Notwithstanding any other provision of law, a judge is not authorized to relieve a person of the separate administrative duty to provide specimens, samples,...
• 844d-74 Not a Basis for Invalidation of Identification or Suppression of Identification Evidence.
  Nothing in this part shall be construed to invalidate an otherwise valid identification of a person by means of DNA testing or to provide...

PART VII. EXEMPTION OF SPECIMEN FROM DISCLOSURE;
CONFIDENTIALITY

• 844d-81 Exemption of Specimen From Disclosure.
  (a) All DNA and forensic identification profiles and other identification information retained by the department pursuant to this chapter shall be exempt from any law...
• 844d-82 Confidentiality
  . (a) Non-DNA forensic identification information may be filed with the other computerized data bank or database systems maintained by the department. (b) The DNA...
• 844d-83 Knowing Use or Disclosure by Department Employee of Forensic Identification Information for Other Than Criminal Identification or Exclusion Purposes.
  (a) If any employee of the department knowingly uses an offender specimen, sample, or DNA profile collected pursuant to this chapter for other than criminal...
• 844d-84 When Disclosure is Not a Violation.
  (a) It is not a violation of this chapter for a law enforcement agency, in its discretion, to publicly disclose the fact of a DNA...
• 844d-85 Confidentiality of Computer Software and Database Structures.
  To maintain the computer system security of the state DNA database and data bank identification program, the computer software and database structures used by...

PART VIII. DATA SHARING; POPULATION DATABASE OR DATA BANK INFORMATION; PROTOCOL, QUALITY CONTROL OR METHODOLOGY;
SAMPLE SHARING; LOCAL DNA LABORATORIES; DISPOSAL

• 844d-91 Department Permitted to Share Data, Information, and Samples.
  (a) Nothing in this chapter shall prohibit the department from sharing or disseminating state DNA database and data bank identification program information or any...
• 844d-92 Local Dna Laboratories.
  Any local DNA laboratory that produces DNA profiles of known reference samples for inclusion within the permanent files of the state DNA database and...
• 844d-93 Disposal of Unused and Expired Specimens.
  The department is authorized to dispose of unused specimens and samples, unused portions of specimens and samples, and expired specimens and samples in the normal...

PART IX. POWERS NOT AFFECTED

• 844d-101 Law Enforcement Officer Powers Under Other Laws Not Affected.
  Nothing in this chapter shall limit or abrogate any existing authority of law enforcement officers to take, maintain, store, and use DNA or forensic identification...
• 844d-102 Authority Under Other Laws Not Affected.
  (a) Nothing in this chapter shall be construed to restrict the authority of local law enforcement to maintain its own DNA-related databases or data banks,...

PART X. CRIMES

• 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...
• 844d-112 Fraudulent Use or Manipulation of Biometric Sample or Information.
  (a) A person commits the offense of fraudulent use or manipulation of biometric sample or information if the person is required to submit a specimen...
• 844d-113 Unauthorized Disclosure of Dna Sample or Profile.
  (a) A person commits the offense of unauthorized disclosure of DNA sample or profile if the person intentionally or knowingly, in violation of this chapter:...
• 844d-114 Use of Dna Sample or Profile for Financial Gain.
  (a) A person commits the offense of use of DNA sample or profile for financial gain if the person, for the purpose of financial...

PART XI. POST-CONVICTION DNA TESTING

• 844d-121 Petition for Post-Conviction Dna Testing.
  Notwithstanding any other law or rule of court governing post-conviction relief to the contrary, a person who was convicted of and sentenced for a...
• 844d-122 Proceedings.
  The court shall order the prosecuting attorney to answer a motion filed pursuant to section 844D-121 not later than thirty days after filing of...
• 844d-123 Order for Post-Conviction Dna Testing.
  (a) The court shall order testing after a hearing if it finds that: (1) A reasonable probability exists that the defendant would not have...
• 844d-124 Counsel.
  (a) The court may, at any time during proceedings under this part, appoint counsel for a defendant determined to be indigent pursuant to section...
• 844d-125 Discovery.
  (a) At any time after a petition has been filed under this part: (1) The court may order the State to locate and provide...
• 844d-126 Retention of Biological Evidence.
  (a) All evidence in the custody or control of a police department, prosecuting attorney, laboratory, or court that is related to the investigation or...
• 844d-127 Choice of Laboratory.
  When the court grants a motion under section 844D-123, the evidence shall be analyzed at an independent laboratory meeting standards adopted pursuant to the...
• 844d-128 Payment.
  Analysis ordered pursuant to section 844D-123(a) shall be paid for using funds from the DNA registry special fund established pursuant to section [706-603(3)]. The...
• 844d-129 Appeal.
  In accordance with applicable rules of court, the defendant may appeal to the supreme court and intermediate court of appeals from an order denying...
• 844d-130 Successive Motions.
  (a) If the defendant has filed a prior motion for DNA testing under this part or any other provision of law, the defendant may...
• 844d-131 Additional Orders.
  (a) The court may in its discretion make such other orders as may be appropriate. This includes but is not limited to designating: (1)...
• 844d-132 Procedure After Testing Results are Obtained.
  (a) If the results of the post-conviction DNA testing are favorable to the defendant, the court shall conduct a hearing pursuant to applicable law or...
• 844d-133 Consent.
  Nothing in this part shall be interpreted to prohibit a convicted person and the State from consenting to and conducting post-conviction DNA testing by...

Last modified: October 27, 2016