THE SENATE

S.B. NO.

2715

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.  This Act shall be known and may be cited as the "DNA Match Notification, Tracking, and Accountability Act".

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

"    .  Automated DNA Match Tracking System

     §844D-A  Definitions.  As used in this subpart:

     "Automated DNA match tracking system" means the electronic, centralized platform for the recording, monitoring, and reporting of DNA match notifications and subsequent investigative or prosecutorial actions established by section 844D-B.

     "Crime laboratory" means any laboratory accredited to perform forensic DNA analysis for criminal justice purposes.

     "DNA database match" means any confirmed association reported by a crime laboratory between a DNA profile from an evidentiary sample and a known individual or another evidentiary sample in a government-operated DNA database, including the FBI's Combined DNA Index System or any state or local DNA index.

     "Notifying agency" means the crime laboratory issuing the DNA database match notification.

     "Receiving agency" means any law enforcement, prosecutorial, or investigative agency designated to receive DNA match notifications.

     §844D-B  Automated DNA match tracking system; establishment; requirements; reports.  (a)  No later than July 1, 2027, the department shall establish and maintain a statewide automated DNA match tracking system.

     (b)  The automated DNA match tracking system shall:

     (1)  Be electronic and cloud-based;

     (2)  Receive DNA match notifications from all crime laboratories, whether public or private, that serve federal, state, and local law enforcement agencies that have been approved by the department;

     (3)  Automatically route notifications and reminders to designated receiving agencies;

     (4)  Record and timestamp subsequent actions taken by receiving agencies and flag notifications for supervisory review upon missed deadlines or inactivity;

     (5)  Produce audit logs, compliance reports, and performance metrics; and

     (6)  Ensure data security consistent with applicable privacy and information-security laws.

     (c)  The department may:

     (1)  Purchase a commercial off-the-shelf software system; provided that the system meets the requirements of subsection (b); and

     (2)  Apply for federal funding to establish and maintain the tracking system.

     (d)  The department shall:

     (1)  Submit an annual report to the legislature no later than twenty days prior to the convening of each regular session containing:

          (A)  The total number of automated DNA database matches;

          (B)  The average time from notification to the first recorded action;

          (C)  The number of overdue or unaddressed notifications; and

          (D)  Any recommendations for improving performance; and

     (2)  Post a copy of the report required by paragraph (1) on the department's public website.

     (e)  The department may adopt rules pursuant to chapter 91 to effectuate the purposes of this subpart.

     §844D-C  Automated DNA match tracking system; participation; oversight; compliance.  (a)  Each law enforcement agency and prosecuting attorney's office that submits DNA to a crime laboratory in the State shall participate in the automated DNA match tracking system.

     (b)  Each receiving agency shall designate a supervisory official responsible for ensuring timely updates and addressing overdue or incomplete follow-up.

     §844D-D  Automated DNA match tracking system; match tracking requirements.  (a)  Upon confirmation of a DNA database match, a notifying agency shall transmit an electronic notification to the automated DNA match tracking system within ten business days.

     (b)  A receiving agency shall review each DNA match notification within five business days of receipt.

     (c)  Within sixty days of recording the initial match review, a receiving agency shall document and update in the automated DNA match tracking system:

     (1)  Whether the match is relevant to an active investigation or case;

     (2)  Any investigative or prosecutorial actions taken in response to the DNA match notification; and

     (3)  Any closure or declination decisions and reasonings for the decisions.

     §844D-E  Automated DNA match tracking system; privacy and data protection.  (a)  All information stored or transmitted pursuant to this subpart shall be handled in accordance with any applicable federal, state, or local privacy laws, including limitations on dissemination of DNA information.

     (b)  Access to the automated DNA tracking system shall be limited to personnel authorized by the department.

     (c)  The automated DNA tracking system shall serve only as a resource for coordinated criminal justice purposes.

     (d)  Notwithstanding any other law or rule to the contrary, information entered into the automated DNA tracking system shall not serve as an official status of any case and shall not be admissible in a criminal proceeding."

     SECTION 3.  Chapter 844D, Hawaii Revised Statutes, is amended by designating sections 844D-91 to 844D-93 as subpart A, and inserting a title before section 844D-91 to read:

"A.  Data Sharing Authority; Local DNA Laboratories; Disposal"

     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 2026-2027 for a grant-in-aid to the Honolulu police department for the establishment of a statewide automated DNA match tracking system.

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

     SECTION 5.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 6.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     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 on July 1, 2026.

 

INTRODUCED BY:

_____________________________

 

 

 

 

 

Report Title:

HPD; Automated DNA Match Tracking System; Database; Forensic Information; Reports; Appropriation

 

Description:

By July 1, 2027, requires the Honolulu Police Department to establish and maintain a statewide automated DNA match tracking system.  Requires the Department to submit an annual report to the Legislature and post the report to the Department's website.  Requires each law enforcement agency and prosecuting attorney's office that submits DNA to a crime laboratory in the State to participate in the automated DNA match tracking system.  Establishes mandatory deadlines for entities participating in the automated DNA match tracking system after confirmation of a DNA database match.  Establishes privacy and data protection guidelines for the statewide automated DNA match tracking system.  Appropriates funds.

 

 

 

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