(a) An agency, program, center, or other entity that collects a sexual assault evidence collection kit shall notify the appropriate law enforcement agency as soon as practicable after the kit’s collection; provided that the notification shall be no later than twenty-four hours after the collection occurred.
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Terms Used In Hawaii Revised Statutes 844G-5

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Combined DNA Index System: means the FBI's program of support for criminal justice DNA databases as well as the software used to run these databases. See Hawaii Revised Statutes 844G-1
  • Conviction: A judgement of guilt against a criminal defendant.
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • DNA: means deoxyribonucleic acid. See Hawaii Revised Statutes 844G-1
  • DNA analysis: refers to the following process:

    (1) The taking of DNA samples from evidence containing DNA from a known individual or DNA of unknown origin;

    (2) The isolation of DNA to develop DNA profiles; and

    (3) The determination of the DNA test results. See Hawaii Revised Statutes 844G-1

  • Eligible: means in compliance with the FBI's specific requirements for a state's participation in the National DNA Index System, pursuant to the federal DNA Identification Act, title 34 U. See Hawaii Revised Statutes 844G-1
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Law enforcement agency: means a county police department. See Hawaii Revised Statutes 844G-1
  • Sexual assault evidence collection kit: means a kit that contains a human biological specimen or specimens collected by a health care provider during a medical forensic examination from the victim of a suspected criminal sexual offense. See Hawaii Revised Statutes 844G-1
(b) A notified law enforcement agency shall:

(1) Take possession of the sexual assault evidence collection kit from the agency, program, center, or other entity that collected the kit within three business days of receiving notification, if it is either a reported sexual assault evidence collection kit or an unreported sexual assault evidence collection kit that the victim has not requested to be held by the sexual assault program or center in that county;
(2) Submit a written request for testing of the reported sexual assault evidence collection kit to an accredited and approved DNA laboratory within fifteen business days of taking possession of the kit; and
(3) Within ten business days of acceptance for testing by an accredited and approved DNA laboratory, submit the kit to the laboratory for testing.
(c) An accredited and approved DNA laboratory in the State shall:

(1) Notify a law enforcement agency that has submitted a written request for testing, within fourteen days of receiving the request, as to whether the laboratory accepts the request or instead recommends providing the reported sexual assault evidence collection kit to another laboratory for testing; and
(2) Pursue DNA analysis of a sexual assault evidence collection kit that was accepted from a law enforcement agency to develop DNA profiles that are eligible for entry into the Combined DNA Index System.
(d) The state Combined DNA Index System administrator or their designee shall enter a DNA profile into the Combined DNA Index System database pursuant to § 844D-2; provided that the testing of a sexual assault evidence collection kit resulted in an eligible DNA profile; provided further that:

(1) Prior to July 1, 2023, the average completion rate for the analysis and classification required by this section shall not exceed one hundred eighty days; and
(2) On or after July 1, 2023, the average completion rate for the analysis and classification required by this section shall not exceed ninety days.
(e) For cases in which no judgment of conviction has been entered, and there has been no acquittal or final dismissal, a law enforcement agency that is in possession of a reported sexual assault evidence collection kit shall retain the kit for fifty years or until the expiration of the period of limitation for any prosecutable offense under § 701-108, whichever is longer. For cases in which a judgment of conviction has been entered, a law enforcement agency that is in possession of a reported sexual assault evidence collection kit shall retain the kit pursuant to the requirements of § 844D-126.
(f) A law enforcement agency’s lack of compliance with any of the time requirements of this section shall not:

(1) Constitute grounds on which to challenge the validity of DNA evidence in any criminal or civil proceeding;
(2) Justify a court to exclude any evidence generated from a sexual assault evidence collection kit; or
(3) Provide a basis for a person who is accused or convicted of committing a crime against a victim to request that the person’s case be dismissed or conviction be set aside.
(g) This section shall not establish a private cause of action or claim on the part of any individual, agency, organization, or other entity against any law enforcement agency or against any accredited and approved DNA laboratory.
(h) The requirements of this section concerning notice and transfer of a sexual assault evidence collection kit to a law enforcement agency, and a law enforcement agency’s handling of the kit, shall not apply to:

(1) Cases that are under the primary jurisdiction of agencies outside of the authority of the State; or
(2) Cases in which jurisdiction may be asserted by more than one agency; provided that all reasonable efforts shall be made to determine jurisdiction as soon as practicable; provided further that if primary jurisdiction is determined to belong to a law enforcement agency under the authority of the State, then notice and transfer of a sexual assault evidence collection kit to the law enforcement agency, and the law enforcement agency’s handling of the kit, shall be in accordance with the requirements of this section as of the date on which jurisdiction was established with respect to the kit’s collection.
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