RELATING TO FORENSIC IDENTIFICATION.

SB2715

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:

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SECTION 1.
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This Act shall be known and may be cited as
the "DNA Match Notification, Tracking, and Accountability Act".

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

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Automated DNA Match Tracking System

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

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"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.

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

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"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.

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

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

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

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(b)
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The automated DNA match tracking system
shall:

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(1)
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Be
electronic and cloud-based;

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(2)
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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;

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

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

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

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

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(c)
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The department may:

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

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

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(d)
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The department shall:

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

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

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

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

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(D)
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Any
recommendations for improving performance; and

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

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

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�844D-C
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Automated DNA match tracking system; participation; oversight;
compliance.
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(a)
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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.

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

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�844D-D
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Automated DNA match tracking system; match tracking requirements.
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(a)
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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.

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

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

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

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

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

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�844D-E
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Automated DNA match tracking system; privacy and data protection.
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(a)
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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.

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

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

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(d)
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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."

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SECTION 3.
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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.
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Data Sharing Authority; Local DNA Laboratories; Disposal
"

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SECTION 4.
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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.

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

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

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SECTION 6.
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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.

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SECTION 7.
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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.

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SECTION 8.
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New statutory material is underscored.

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SECTION 9.
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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.
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Requires the Department to
submit an annual report to the Legislature and post the report to the
Department's website.
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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.
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Establishes mandatory
deadlines for entities participating in the automated DNA match tracking system
after confirmation of a DNA database match.
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Establishes privacy and data protection guidelines for the statewide
automated DNA match tracking system.
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Appropriates funds.

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