HB1746

HOUSE OF REPRESENTATIVES	H.B. NO.	1746
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO FORENSIC IDENTIFICATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that advances in forensic technology allow law enforcement agencies, in partnership with accredited public crime laboratories, to generate a deoxyribonucleic acid (DNA) profile from a crime-scene sample in approximately ninety minutes, enabling same-day suspect identification or the exoneration of innocent individuals, compared to the weeks or months required under traditional laboratory processing.

The legislature also finds that at least nine other states have adopted statewide rapid DNA programs based on this new DNA technology. The Federal Bureau of Investigation's recent decision to permit Combined DNA Index System (CODIS) searches using qualifying rapid DNA profiles supports state-level implementation. The legislature believes that establishing a statewide program in Hawaii will strengthen public safety, promote timely justice, help prevent wrongful arrests, and support disaster victim identification in mass casualty or natural disaster events.

The purpose of this Act is to establish within the police department of the city and county of Honolulu a rapid DNA investigative lead program.

SECTION 2. Chapter 844D, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART . RAPID DNA TESTING

§844D- Rapid DNA testing standards. (a) The department shall adopt any necessary rules, policies, procedures, and forms to support the State's participation in a rapid DNA investigative lead program, a statewide program for law enforcement agencies, facilitating the collection and processing of crime scene samples utilizing rapid DNA instrumentation.

(b) The department may:

(1) Specify program parameters and procedures, including technical and practical procedures, for law enforcement agencies concerning the training, maintenance, and use of rapid DNA instruments throughout the State;

(2) Establish standards for participating agencies and approve:

(A) Testing sites;

(B) Training and certification requirements;

(D) Data security and privacy protections.

§844D- Rapid DNA testing; administration; limitations. (a) The department may use rapid DNA technology for limited, constitutionally authorized purposes, including producing investigative leads, exonerating innocent individuals, and identifying disaster victims.

(b) Rapid DNA results obtained pursuant to this part shall not be used as the sole basis for an arrest or prosecution unless otherwise permitted by law.

(c) In administering this part, the department shall protect civil liberties and ensure that the collection, use, secondary use, and retention of rapid DNA test results are conducted in a constitutionally authorized manner.

(d) The department shall not use rapid DNA testing to support unlawful searches or disclosures.

(e) The department shall coordinate with the Federal Bureau of Investigation regarding the use of rapid DNA for purposes of the Combined DNA Index System (CODIS) entries to ensure compliance with federal standards."

SECTION 3. 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 2026-2027 for equipment, training, laboratory capacity, consumables, program administration, and other costs necessary to implement and sustain the DNA investigative lead program established pursuant to this Act.

The sum appropriated shall be expended by the Honolulu police department for purposes of this Act.

SECTION 4. This Act shall take effect on July 1, 2026.

INTRODUCED BY:	_____________________________