Hawaii HB 2253: RELATING TO THE RETENTION OF BIOLOGICAL EVIDENCE.

Bill Text

_.B. No.V~
A BILL FORAN ACT
RELATING TO THE RETENTION OF BIOLOGICAL EVIDENCE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. The Legislature finds that section 844D-126,
2 Hawaii Revised Statutes, appears to require all evidence
3 custodians in all post-conviction cases to retain all evidence
4 that “may” contain biological evidence. As a result, evidence
5 must be retained in all felony, misdemeanor, petty misdemeanor,
6 and violation cases resulting in conviction, even when the
7 actual presence of biological evidence is extremely unlikely;
8 even when that evidence would have been irrelevant to the
9 identification of the perpetrator; and even when the identity of
10 the perpetrator was not at issue.
11 The legislature further finds that this broad evidence
12 retention requirement has caused storage problems statewide.
13 Reasonable guidelines and limitations for the post-conviction
14 retention of biological evidence by law enforcement agencies and
15 the courts are needed, as well as a clear procedure that allows
16 defendants to object to the proposed disposal of biological
17 evidence.
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1-\B. NO. Z253
1 The purpose of this Act is to establish a more practical
2 and balanced framework for post-conviction evidence retention
3 by:
4 (1) Limiting the post-conviction retention requirements to
5 certain serious felony offenses in which the identity
6 of the perpetrator was in question and the evidence
7 could reasonably be determined to contain biological
8 material that could be used for DNA analysis to
9 identify or exclude the defendant as the perpetrator
10 of the offense;
11 (2) Allowing the disposal of evidence before the
12 exhaustion of all appeals or the completion of a
13 sentence if the court determines that the identity of
14 the defendant as the perpetrator of the offense was
15 not a contested issue in the case, or that the
16 evidence does not contain biological evidence that
17 could reasonably be used for DNA analysis to identify
18 or exclude the defendant as the perpetrator;
19 (3) Providing defendants with an opportunity to object to
20 the proposed disposal of evidence; and
21 (4) Defining “biological evidence.”
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1-~ .B. NO. 22.S3
1 SECTION 2. Section 844D-121, Hawaii Revised Statutes, is
2 amended to read as follows:
3 ‘T~844D-121 Petition for post-conviction DNA testing.
4 Notwithstanding any other law or rule of court governing post-
5 conviction relief to the contrary, a person who was convicted of
6 and sentenced for a crime, or acquitted of a crime on the ground
7 of physical or mental disease, disorder, or defect excluding
8 responsibility, may file a motion, at any time, for DNA analysis
9 of any evidence that:
10 (1) Is in the custody or control of a police department,
11 prosecuting attorney, laboratory, or court [*1,
12 consistent with section 844D-126;
13 (2) Is related to the investigation or prosecution that
14 resulted in the judgment of conviction or of acquittal
15 of a crime on the ground of physical or mental
16 disease, disorder, or defect excluding responsibility;
17 and
18 (3) [May contain] Contains biological evidence[~] that
19 could reasonably be used for DNA analysis to:
20 (A) Establish the identity of the person who
21 committed the offense that resulted in the
22 judgment of conviction; or
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~4 .B. NO. 2~2S3
1 (B) Exclude a person from the group of persons who
2 could have committed the offense that resulted in
3 the judgment of conviction.”
4 SECTION 3. Section 844D-126, Hawaii Revised Statutes, is
5 amended to read as follows:
6 “[-f]~844D-126[-]-] Retention of biological evidence. (a)
7 [A.~4.] ~ evidence in the custody or control of an evidence
8 custodian, including a [policc dcpartmcnt,] law enforcement
9 agency, prosecuting [attorncy,] agency, laboratory, or court
10 [that], shall be retained if:
11 (1) The identity of the defendant, as the perpetrator of
12 the offense that resulted in the judgment of
13 conviction, was a contested issue in the case;
14 (2) The evidence is related to the investigation or
15 prosecution of a case in which there has been a
16 judgment of conviction [and that may] for:
17 (A) Murder;
18 (B) Manslaughter;
19 (C) Kidnapping;
20 (ID) Sexual assault in the first degree;
21 (E) Sexual assault in the second degree;
22 (F) Assault in the first degree; or
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~ .B. NO.2253
1 (G) An attempt or criminal conspiracy to commit any
2 of the offenses set forth in this paragraph; and
3 (3) The evidence could reasonably be determined to contain
4 biological evidence that could be used for DNA
5 analysis to:
6 (A) Establish the identity of the person who
7 committed the offense that resulted in the
8 judgment of conviction; or
9 (B) Exclude a person from the group of persons who
10 could have committed the offense that resulted in
11 the judqment of conviction.
12 (b) The evidence retained pursuant to subsection (a) shall
13 be retained at le