Title 38, Procedural And Supplementary Provisions

[§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: (1) Uses an offender sample or DNA profile for other than cri…

[§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 gain, intentionally or knowingly, in violation of this chapter: (1) Uses an offender sample…

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 crime, or acquitted of a crime on the ground…

[§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 the motion. The court may thereafter deny the motion without hearing if the motion is patently frivolous becaus…

[§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 been prosecuted or convicted if exculpatory results had been obtained through DNA analysis,…

[§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 802-4. (b) If the defendant has filed pro se, upon a showing that DNA testing may be material to the defendant's c…

[§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 the defendant with any documents, notes, logs, or reports relating to items of physical evidence collected in connection with the case, …

[§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 prosecution of a case in which there has been a judgment of conviction and that may …

[§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 DNA Identification Act of 1994 (42 U.S.C. 14131). If the defendant and the prosecuting at…

[§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 court may require payment for analysis ordered pursuant to section 844D-123(b) to be made by th…

[§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 a motion made pursuant to this part. [L 2005, c 112, pt of §1]

[§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 file, and the court shall adjudicate, a successive motion or motions under this part; provided that the defendant asserts…

[§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) The type of DNA analysis to be used; (2) The testing procedures to be followed; (3) The preservation of some porti…

[§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 court rule governing post-conviction proceedings, notwithstanding any la…

[§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 agreement of the parties and without filing a motion for post-conviction DNA testing under this part. Notwi…

[§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 FBI and other relevant agencies regarding the State's participation in a national DNA databa…

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 fa…

[§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 examinations of pri…

[§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, and the designated entity shall analyze specimens and samples, and store,…

[§844D-24] Sexual assault evidence; reporting. (a) By September 1, 2016, all law enforcement agencies and departments charged with the maintenance, storage, and preservation of sexual assault evidence collection kits shall conduct an inventory of all such kits being stored by the…

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 is deferred, or …

[§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 shall apply to all qualifying persons regardless of sentenc…

[§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 already been taken from any person required to give specimens, sample…

§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 regulations, blood specimens, immedia…

[§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 if: (1) The person is on probation or parole for an…

[§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 regulations, blood specimens or other biological sa…

[§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, state, or federal agency, or any other prov…

§844D-38 Collection of replacement specimen found spoiled or unusable. Whenever the department notifies the department of law enforcement or any other law enforcement agency that a biological specimen, sample, or print impression is not usable for any reason, the person who provi…

[§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 insanity of any of the offenses requiring registration pursuant to chapter 846E, and has …

[§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 chapter for…

[§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 charged or committed became a qualifying offense pursuant to this …

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 identification profiles, including …

[§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 Director of the FBI who …

[§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 DNA profiles, by any private or law enforcement crime l…

[§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 Directors/Laboratory Accreditation Board or any cer…

[§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, including DNA profiling, independent from the …

[§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 for the purpose of facilitating the administration of this chapter by the departmen…

[§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 determined t…

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 corrections and re…

§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 collection of the blood specimens, buccal s…

[§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 or criminally liable either for withdrawing blood when done in accordance with…

[§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 database and data bank identification program, the department is authorized to…

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 pursu…

[§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 no present or past qualifying offense of re…

[§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 the basis for a suppression of otherwise …