Hawaii Revised Statutes
844D. Forensic Identification
844D-84 When disclosure is not a violation.

§844D-84 When disclosure is not a violation. (a) It is not a violation of this chapter for a law enforcement agency, in its discretion, to publicly disclose the fact of a DNA profile match, or the name of the person identified by the DNA match when this match is the basis of law enforcement's investigation, arrest, or prosecution of a particular person, or the identification of a missing or abducted person.
(b) It is not a violation of this chapter to furnish DNA or other forensic identification information of the defendant to the person's defense counsel for criminal defense purposes in compliance with discovery.
(c) It is not a violation of this chapter for law enforcement to release DNA and other forensic identification information developed pursuant to this chapter to a jury or grand jury, or in a document filed with a court or administrative agency, or as part of a judicial or administrative proceeding, or for this information to become part of the public transcript or record of proceedings when, in the discretion of law enforcement, disclosure is necessary because the DNA information pertains to the basis for law enforcement's identification, arrest, investigation, prosecution, or exclusion of a particular person related to the case.
(d) It is not a violation of this chapter to include information obtained from a file in a transcript or record of a judicial proceeding, or in any other public record when the inclusion of the information in the public record is authorized by a court, statute, or decisional law.
(e) It is not a violation of this chapter for the department, or an organization retained as an agent of the department, or a local public laboratory to use anonymous records or criminal history information obtained pursuant to this chapter for training, research, statistical analysis of populations, or quality assurance or quality control. [L 2005, c 112, pt of §1]

Structure Hawaii Revised Statutes

Hawaii Revised Statutes

Title 38. Procedural and Supplementary Provisions

844D. Forensic Identification

844D-1 Definitions.

844D-2 Administration.

844D-21 Collection of specimens, samples, and print impressions at correctional facility or other detention facility.

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-40 Collection of specimens from persons required to register under chapter 846E who have not yet provided samples.

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-57 No invalidation based on erroneous placement or retention of specimens, samples, or print impressions.

844D-61 Blood specimens, buccal swab samples, and print impressions shall be forwarded promptly to the department.

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-73 No authorization to relieve a person of administrative duty to provide specimens, samples, or print impressions.

844D-74 Not a basis for invalidation of identification or suppression of identification evidence.

844D-81 Exemption of specimen from disclosure.

844D-82 Confidentiality

844D-83 Knowing use or disclosure by department employee of forensic identification information for other than criminal identification or exclusion purposes.

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-122 Proceedings.

844D-123 Order for post-conviction DNA testing.

844D-124 Counsel.

844D-125 Discovery.

844D-126 Retention of biological evidence.

844D-127 Choice of laboratory.

844D-128 Payment.

844D-129 Appeal.

844D-130 Successive motions.

844D-131 Additional orders.

844D-132 Procedure after testing results are obtained.

844D-133 Consent.