§844D-82 Confidentiality. (a) Non-DNA forensic identification information may be filed with the other computerized data bank or database systems maintained by the department.
(b) The DNA and other forensic identification information retained by the department pursuant to this chapter shall not be included in the state summary criminal history information. However, nothing in this chapter precludes law enforcement personnel from entering into a person's criminal history information or offender file maintained by the department, the fact that the specimens, samples, or print impressions required by this chapter have or have not been collected from that person.
(c) The fact that the specimens, samples, or print impressions required by this chapter have been received by the department shall be included in the state summary criminal history information as soon as administratively practicable.
(d) The print impressions of each hand shall be filed and maintained by the department of the attorney general, and may be included in the state summary criminal history information.
(e) DNA samples, DNA profiles, and other forensic identification information shall be released only to law enforcement agencies, including but not limited to the department of the attorney general, parole officers of the department of public safety, hearing officers of the parole authority, probation officers, the department, and prosecuting attorneys' offices, unless otherwise specifically authorized [by] this chapter.
(f) Dissemination of DNA specimens, samples, and DNA profiles, and other forensic identification information to law enforcement agencies and prosecutors outside this State shall be performed in conformity with the provisions of this chapter.
(g) A defendant's DNA and other forensic identification information developed pursuant to this chapter shall be available to the person's defense counsel upon court order.
(h) Except as provided in subsection (g) and to protect the confidentiality and privacy of state DNA database and data bank identification program information, the department and DNA laboratories shall not otherwise be compelled in a criminal or civil proceeding to provide any DNA profile or database or data bank information, or information on its computer database program software or structures to any person or party seeking such records or information whether by subpoena or discovery, or other procedural device or inquiry. [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.