2022 Hawaii Revised Statutes
Title 38. Procedural and Supplementary Provisions
844D. Forensic Identification
844D-24 Sexual assault evidence; reporting.

§844D-24 Sexual assault evidence; reporting. (a) By September 1, 2016, all law enforcement agencies and departments charged with the maintenance, storage, and preservation of sexual assault evidence collection kits shall conduct an inventory of all such kits being stored by the agency or department.

(b) By September 1, 2016, each law enforcement agency and department subject to subsection (a) shall compile, in writing, a report containing the number of untested sexual assault evidence collection kits in the possession of the agency or department and the date the sexual assault evidence collection kit was collected. The reports shall be transmitted to the department of the attorney general.

(c) By December 1, 2016, the department of the attorney general shall prepare and transmit a report to the president of the senate and the speaker of the house of representatives containing the number of untested sexual assault evidence collection kits currently being stored by each county, law enforcement agency, or department and the date each untested kit was originally collected. The department of the attorney general shall involve community stakeholders in drafting the report, including representatives from each county. The report shall also provide the following information:

(1) An explanation of the processes that were used in the past to decide which sexual assault evidence collection kits were and were not tested;

(2) Progress made to reduce the number of untested sexual assault evidence collection kits to date;

(3) A plan and expected time frame for further reduction in the number of untested sexual assault evidence collection kits;

(4) A plan for determining priority of untested sexual assault evidence collection kits and new sexual assault evidence collection kits for testing;

(5) Processes that have been adopted or will be adopted to better track and inventory tested and untested sexual assault evidence collection kits, including their locations;

(6) Expected outcomes from testing untested sexual assault evidence collection kits and testing new sexual assault evidence collection kits;

(7) The criteria and process to determine which untested sexual assault evidence collection kits will be tested and the criteria and process for testing to be applied to all new sexual assault evidence collection kits;

(8) The sites and locations of the testing of the untested sexual assault evidence collection kits and testing of new sexual assault evidence collection kits;

(9) Victim notification, support services, and other resources that may become necessary in connection with testing untested sexual assault evidence collection kits and new sexual assault evidence collection kits;

(10) The expected cost of all projected plans and processes not yet in place for testing untested sexual assault evidence collection kits and new sexual assault evidence collection kits;

(11) An assessment of potential funding sources, including federal grants for which applications have been, will be, or may be submitted; and

(12) Potential areas for further legislative action or policy changes.

(d) Beginning July 1, 2017, all law enforcement agencies and departments shall submit new sexual assault evidence collection kits for testing in accordance with the criteria and policies established and reported by the department of the attorney general pursuant to subsection (c).

(e) By July 1, 2018, all law enforcement agencies and departments shall complete the testing of all untested sexual assault evidence collection kits in accordance with criteria and policies established and reported by the department of the attorney general pursuant to subsection (c).

(f) As used in this section:

"Forensic medical examination" means an examination provided to the victim of a suspected sexually-oriented criminal offense by a health care provider for the purpose of gathering and preserving evidence of a suspected sexual assault.

"Sexual assault evidence collection kit" means a human biological specimen or specimens collected by a health care provider during a forensic medical examination from the victim of a suspected sexually-oriented criminal offense.

"Untested sexual assault evidence collection kit" means a sexual assault evidence collection kit that has not been submitted to a qualified laboratory for either a serology or DNA test. [L 2016, c 207, §1]