United States — Hawaii
HRS § 844D-129 - Appeal
1 provisions
A defendant may appeal, under applicable court rules, to the supreme court or intermediate court of appeals from an order denying a motion made under this part.
Act or statute Open & Chat
United States — Hawaii Statutes
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United States — Hawaii
HRS § 844D-130 - Successive motions
1 provisions
A defendant who already filed a DNA-testing motion may file a successive motion if new or different grounds are asserted, and the court must adjudicate it.
Act or statute Open & ChatUnited States — Hawaii
HRS § 844D-131 - Additional orders
1 provisions
The court may make appropriate orders in a post-conviction DNA testing case, and DNA profile information from samples taken under such a motion is exempt from public disclosure laws.
Order Open & ChatUnited States — Hawaii
HRS § 844D-132 - Procedure after testing results are obtained
1 provisions
If post-conviction DNA testing is favorable, the court must hold a hearing and make whatever orders are needed; if not favorable, the court must notify probation or parole authorities.
Act or statute Open & ChatUnited States — Hawaii
HRS § 844D-133 - Consent
1 provisions
The convicted person and the State may agree to do post-conviction DNA testing without filing a motion. If the DNA results are favorable to the defendant, the defendant may file a post-conviction relief motion and the court must decide it.
Act or statute Open & ChatUnited States — Hawaii
HRS § 844D-2 - Administration
1 provisions
The department must manage and administer the state DNA database program and work with the FBI and other relevant agencies on the State’s participation in a national DNA database.
Act or statute Open & ChatUnited States — Hawaii
HRS § 844D-21 - Collection of specimens, samples, and print impressions at correctional facility or other detention facility
1 provisions
Facility administrators must ensure required specimens, samples, or print impressions are collected and sent to the department, and collection must use a department-approved kit.
Act or statute Open & ChatUnited States — Hawaii
HRS § 844D-22 - Analysis and examination of specimens for identification purposes
1 provisions
The department may use DNA analysis, other forensic identification analysis, and print impression examinations only for identification purposes.
Act or statute Open & ChatUnited States — Hawaii
HRS § 844D-23 - Repository of samples and records or Samples, or Print Impressions
1 provisions
The department may designate repositories for biological samples, and the designated entity must analyze, store, and use the related DNA and forensic records.
Act or statute Open & ChatUnited States — Hawaii
HRS § 844D-31 - Offenders subject to collection
1 provisions
People convicted of a felony, or who plead guilty/no contest or are found not guilty by reason of insanity for a felony, must provide buccal swabs and hand print impressions; blood specimens may also be required by agency rules.
Act or statute Open & ChatUnited States — Hawaii
HRS § 844D-32 - Application to all qualifying persons
1 provisions
All qualifying persons must provide specimens, samples, and print impressions as soon as administratively practicable.
Act or statute Open & ChatUnited States — Hawaii
HRS § 844D-33 - Notification by prosecutor and inquiry by court
1 provisions
The prosecutor must notify the court and ask for an order if required specimens, samples, or print impressions have not already been taken; the court must verify collection before final disposition or sentencing and note it in the judgment.
Notice Open & ChatUnited States — Hawaii
HRS § 844D-34 - Collection from persons confined or in custody after conviction or adjudication
1 provisions
Most confined or imprisoned persons, except juveniles, must provide buccal swabs and print impressions, and sometimes blood specimens, at intake or as soon as practicable.
Act or statute Open & ChatUnited States — Hawaii
HRS § 844D-35 - Collection from persons on probation, parole, or other release
1 provisions
Some people on probation, parole, or with qualifying convictions must provide DNA-related samples and print impressions, and any required collection must happen within 20 working days after notice.
Act or statute Open & ChatUnited States — Hawaii
HRS § 844D-36 - Collection from parole violators and others returned to custody
1 provisions
Certain people, except juveniles, must provide DNA-related samples and print impressions at a correctional or receiving institution when the listed conditions are met.
Act or statute Open & ChatUnited States — Hawaii
HRS § 844D-37 - Collection from persons accepted into Hawaii from other jurisdictions
1 provisions
An offender accepted into the State under certain agreements must provide blood, buccal swab, or fingerprint specimens if the listed conviction conditions are met.
Act or statute Open & ChatUnited States — Hawaii
HRS § 844D-38 - Collection of replacement specimen found spoiled or unusable
1 provisions
If a specimen, sample, or print impression is unusable, the original provider must submit to collection of new specimens, and the responsible law enforcement agency must collect and send them to the department.
Act or statute Open & ChatUnited States — Hawaii
HRS § 844D-39 - Collection of specimen from sex offense registrants
1 provisions
The department may test certain blood or other biological samples from specified registrants and add DNA-related profiles to the state DNA database.
Act or statute Open & ChatUnited States — Hawaii
HRS § 844D-40 - Collection of specimens from persons required to register under chapter 846E who have not yet provided samples
1 provisions
People required to register under chapter 846E who have not yet provided the required specimens must provide them and follow the collection appointment process.
Act or statute Open & ChatUnited States — Hawaii
HRS § 844D-41 - Retroactive application Against Forensic Identification Data
1 provisions
Several sections are given retroactive application.
Act or statute Open & Chat