§844D-33 Notification by prosecutor and inquiry by court. (a) If at any stage of court proceedings the prosecutor determines that the specimens, samples, or print impressions required by this chapter have not already been taken from any person required to give specimens, samples, or print impressions by this chapter, the prosecutor shall notify the court orally on the record, or in writing, and request that the court order collection of the specimens, samples, or print impressions required by law. However, a failure by the prosecutor or any other law enforcement agency to notify the court shall not relieve a person of the obligation to provide specimens, samples, or print impressions pursuant to this chapter.
(b) Prior to final disposition or sentencing in a case, the court shall inquire and verify that the specimens, samples, or print impressions required by this chapter have been obtained and that this fact is included in the judgment. The judgment issued by the court shall indicate that the court has ordered the person to comply with the requirements of this chapter and that the person shall be included in the state DNA database and data bank identification program and be subject to this chapter. However, failure by the court to enter these facts in the judgment shall not invalidate a plea, conviction, or disposition, or otherwise relieve a person from the requirements of this chapter. [L 2005, c 112, pt of §1]
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.