§844D-121 Petition for post-conviction DNA testing. Notwithstanding any other law or rule of court governing post-conviction relief to the contrary, a person who was convicted of and sentenced for a crime, or acquitted of a crime on the ground of physical or mental disease, disorder, or defect excluding responsibility, may file a motion, at any time, for DNA analysis of any evidence that:
(1) Is in the custody or control of a police department, prosecuting attorney, laboratory, or court;
(2) Is related to the investigation or prosecution that resulted in the judgment of conviction or of acquittal of a crime on the ground of physical or mental disease, disorder, or defect excluding responsibility; and
(3) May contain biological evidence. [L 2005, c 112, pt of §1; am L 2006, c 144, §4]
Structure Hawaii Revised Statutes
Title 38. Procedural and Supplementary Provisions
844D-22 Analysis and examination of specimens for identification purposes.
844D-23 Repository of samples and records
844D-24 Sexual assault evidence; reporting.
844D-31 Offenders subject to collection.
844D-32 Application to all qualifying persons.
844D-33 Notification by prosecutor and inquiry by court.
844D-34 Collection from persons confined or in custody after conviction or adjudication.
844D-35 Collection from persons on probation, parole, or other release.
844D-36 Collection from parole violators and others returned to custody.
844D-37 Collection from persons accepted into Hawaii from other jurisdictions.
844D-38 Collection of replacement specimen found spoiled or unusable.
844D-39 Collection of specimen from sex offense registrants.
844D-41 Retroactive application.
844D-51 Analysis of crime scene samples.
844D-52 Anonymous analysis of specimens and samples.
844D-53 Analysis of forensic identification profiles.
844D-54 Laboratories contributing DNA profiles to be accredited.
844D-55 Other law enforcement DNA laboratories.
844D-56 Limitations not cause for dismissal.
844D-62 Procedures for the collection and forwarding of samples.
844D-63 Limitations on civil and criminal liability.
844D-64 Processing of offender specimens.
844D-71 Expungement of DNA information from state DNA database and data bank identification program
844D-72 Destruction of samples and expungement of searchable DNA database profile.
844D-74 Not a basis for invalidation of identification or suppression of identification evidence.
844D-81 Exemption of specimen from disclosure.
844D-84 When disclosure is not a violation.
844D-85 Confidentiality of computer software and database structures.
844D-91 Department permitted to share data, information, and samples.
844D-92 Local DNA laboratories.
844D-93 Disposal of unused and expired specimens.
844D-101 Law enforcement officer powers under other laws not affected.
844D-102 Authority under other laws not affected.
844D-111 Refusal or failure to provide specimen for forensic identification.
844D-112 Fraudulent use or manipulation of biometric sample or information.
844D-113 Unauthorized disclosure of DNA sample or profile.
844D-114 Use of DNA sample or profile for financial gain.
844D-121 Petition for post-conviction DNA testing.
844D-123 Order for post-conviction DNA testing.
844D-126 Retention of biological evidence.
844D-127 Choice of laboratory.