§844D-40 Collection of specimens from persons required to register under chapter 846E who have not yet provided samples. (a) Any person who is required to register under chapter 846E who has not provided the specimens, samples, or print impressions described in this chapter for any reason, including the release of the person prior to the enactment of the state DNA database and data bank identification program, an oversight or error, or because of the transfer of the person from another state, the person shall give specimens, samples, or print impressions as described in this chapter for inclusion in the state DNA database and data bank identification program.
(b) At the time the person registers or updates the person's registration, the person shall receive an appointment designating a time and place for the collection of the specimens, samples, or print impressions described in this chapter, if the person has not already complied with this chapter.
(c) As specified in the appointment, the person shall report to a correctional facility in the county where the person resides or is temporarily located, to have specimens, samples, or print impressions collected pursuant to this chapter or other facility approved by the department for this collection. The specimens, samples, or print impressions shall be collected in accordance with this chapter.
(d) If, prior to the time of the required registration update, a person is notified by the department, a probation or parole officer, other law enforcement officer, or officer of the court that the person is subject to this chapter, then the person shall at a correctional facility or other facility approved by the department for this collection, provide the specimens, samples, or print impressions required by this chapter within ten calendar days of the notification. [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.