HOUSE OF REPRESENTATIVES

H.C.R. NO.

145

TWENTY-FIRST LEGISLATURE, 2002

  

STATE OF HAWAII

  
   

HOUSE CONCURRENT

RESOLUTION

 

requesting a feasibility study on DNA testing of class a and b felons to assist in solving crimes and deterring criminal recidivism.

 

 

WHEREAS, the collection and analysis of deoxyribonucleic acid (also known as "DNA") samples assist in solving crimes more expeditiously; and

WHEREAS, the collection and analysis of DNA samples also reveal important information in determining the causes of criminal behavior and deterring criminal recidivism; and

WHEREAS, the federal law under the DNA Analysis Backlog Elimination Act of 2000, P.L.106-546 provides a total of $170 million in federal grants to the states to assist in funding deoxyribonucleic acid analyses; and

WHEREAS, Hawaii Revised Statutes, section 706-603 provides that after entering a plea of guilty or no contest or upon return of verdict of guilty, a person convicted of a sexual or violent offense must provide two samples of blood for DNA analysis; and

WHEREAS, Hawaii's current law does not provide for DNA analysis of other class A or class B felonies although these crime classifications encompass the most serious crimes our community faces; and

WHEREAS, over thirty other jurisdictions, require that people convicted of many serious crimes must provide a DNA sample for the state database; and

WHEREAS, a total of fourteen states-Alabama, Colorado, Florida, Georgia, Maine, Michigan, Montana, New Mexico, Oregon, Tennessee, Texas, Virginia, Wisconsin, and Wyoming-currently have laws requiring that all felons must provide a DNA sample to the state database; and

WHEREAS, a total of eight states-New York, Illinois, Colorado, Michigan, Montana, Oklahoma, Oregon and Texas-recently approved legislation expanding DNA testing to persons guilty of serious criminal offenses and not limiting testing requirements to sex offenses only; and

WHEREAS, Nevada law requires collection of a sample to those convicted of all category A, B, and C felony crimes.

WHEREAS, this investigative use of DNA analysis holds the greatest promise for identifying and preventing repeat criminal offenders; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-first Legislature of the State of Hawaii, Regular Session of 2002, the Senate concurring, that this body requests that the legislative reference bureau conduct a feasibility study on the collection and analysis of DNA samples from convicted class A and B criminals; and

BE IT FURTHER RESOLVED that the feasibility study should consider the costs of storing DNA samples, upgrading DNA equipment and storage facilities, the effects on agencies and departments, and possible funding options for DNA sampling of Class A and B criminals going into to a state database; and

BE IT FURTHER RESOLVED that the legislative reference bureau should consult with law enforcement agencies such as the county police departments, county prosecutors, the Attorney General, and the State Judiciary; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the director of the legislative reference bureau, the director of each county police department, each county's Prosecuting Attorney, the Attorney General, and the Chief Justice of the Supreme Court.

 

 
 

OFFERED BY:

_____________________________

Report Title:

Request for LRB to conduct study on DNA testing of class A and B felons for solving crimes and deterring criminal recidivism.