RELATING TO FORENSIC IDENTIFICATION.

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:

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SECTION
1.
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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.

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The legislature
also finds that at least nine other states have adopted statewide rapid DNA
programs based on this new DNA technology.
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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.
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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.

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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.

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

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PART
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RAPID
DNA TESTING

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�844D-
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Rapid DNA testing standards.
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(a)
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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.

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(b)
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The department may:

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(1)
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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;

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(2)
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Establish standards for participating agencies
and approve:

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(A)
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Testing sites;

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(B)
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Training and certification requirements;

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(C)
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Quality assurance and audit standards; and

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(D)
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Data security and privacy protections.

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

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(b)
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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.

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(c)
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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.

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

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(e)
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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."

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SECTION 3.
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There is appropriated out of the general
revenues of the State of Hawaii the sum of $
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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.

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

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

INTRODUCED BY:

_____________________________

Report Title:

HPD; Forensic
Identification; Law Enforcement; Information; Rapid DNA; Appropriation

Description:

Establishes
within the Honolulu Police Department a rapid DNA investigative lead program.
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Appropriates moneys.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.