reglab/housing_qa huggingface dataset:
HI Rev Stat § 844D-61 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|844D. Forensic Identification|844D-61 Blood specimens, buccal swab samples, and print impressions shall be forwarded promptly to the department.

 §844D-61 Blood specimens, buccal swab samples, and print impressions shall be forwarded promptly to the department. The director of public safety, the chief of police, or the administrator of the correctional facility, jail, or other facility at which the blood specimens, buccal swab samples, or print impressions were collected shall cause these specimens, samples, and print impressions to be forwarded promptly to the department. The specimens, samples, and print impressions shall be collected by a person using a department-approved collection kit and in accordance with the requirements and procedures set forth in section 844D-62. [L 2005, c 112, pt of §1]
HI Rev Stat § 844D-62 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|844D. Forensic Identification|844D-62 Procedures for the collection and forwarding of samples.

 §844D-62 Procedures for the collection and forwarding of samples.  (a) The department of the attorney general shall provide all blood specimen collectors, buccal swab sample collectors, mailing envelopes, labels, and instructions for the collection of the blood specimens, buccal swab samples, and print impressions. The specimens, samples, and print impressions shall thereafter be forwarded to the department.  (b) Whenever withdrawal of blood is required by this chapter or by the collecting agency's rules or internal regulations, the withdrawal of blood shall be performed in a medically approved manner. Only health care providers trained and certified to draw blood may withdraw the blood specimens for the purposes of this chapter.  (c) Buccal swab samples may be procured by law enforcement or corrections personnel or other individuals trained to assist in buccal swab collection.  (d) Print impressions taken at the time of the collection of samples or specimens shall be placed on the samples and specimens container and forms as directed by the department. The samples, specimens, and forms shall be forwarded to and maintained by the department.  (e) The law enforcement or custodial agency collecting specimens, samples, or print impressions is responsible for confirming that the person qualifies for entry into the state DNA database and data bank identification program prior to collecting the specimens, samples, or print impressions pursuant to this chapter.  (f) The department is responsible for establishing procedures for entering data bank and database information. [L 2005, c 112, pt of §1; am L 2006, c 144, §2]
HI Rev Stat § 844D-63 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|844D. Forensic Identification|844D-63 Limitations on civil and criminal liability.

 §844D-63 Limitations on civil and criminal liability. (a) Persons authorized to draw blood or obtain samples or print impressions under this chapter for the data bank or database shall not be civilly or criminally liable either for withdrawing blood when done in accordance with medically accepted procedures, or for obtaining buccal swab samples by scraping inner cheek cells of the mouth, or print impressions when performed in accordance with standard professional practices.  (b) There shall be no civil or criminal cause of action against any law enforcement agency or the department, or any employee thereof, for a mistake in confirming a person's or sample's qualifying status for inclusion within the database or data bank or in placing an entry in a data bank or a database.  (c) The failure of the department or local law enforcement to comply with this chapter shall not invalidate an arrest, plea, conviction, or disposition. [L 2005, c 112, pt of §1]
HI Rev Stat § 844D-64 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|844D. Forensic Identification|844D-64 Processing of offender specimens.

 §844D-64 Processing of offender specimens. (a) To ensure expeditious and economical processing of offender specimens and samples for inclusion in the FBI's Combined DNA Index System and the state DNA database and data bank identification program, the department is authorized to contract with other laboratories, whether public or private, including law enforcement laboratories, that have the capability of fully analyzing offender specimens or samples within sixty days of receipt, for the anonymous forensic identification testing of specimens and samples as provided in this chapter and in accordance with the quality assurance requirement established by the FBI for its Combined DNA Index System.  (b) Contingent upon the availability of sufficient funds, the department shall immediately contract with other laboratories, whether public or private, including law enforcement laboratories, for the anonymous forensic identification testing of offender reference specimens or samples and any arrestee reference specimens or samples collected pursuant to section 844D-31(a), as provided in subsection (a) of this section and in accordance with the quality assurance requirements established by the FBI for its Combined DNA Index System for any specimens or samples that are not fully analyzed and uploaded into the Combined DNA Index System database within six months of the receipt of the reference specimens or samples by the department. [L 2005, c 112, pt of §1]
HI Rev Stat § 844D-71 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|844D. Forensic Identification|844D-71 Expungement of DNA information from state DNA database and data bank identification program

 §844D-71 Expungement of DNA information from state DNA database and data bank identification program. (a) A person whose DNA profile has been included in the state DNA database and data bank identification program pursuant to this chapter shall have the person's DNA specimen and sample destroyed and searchable database profile expunged from the program pursuant to section 844D-72 if:  (1) The person has no past or present offense which qualifies that person for inclusion within the state DNA database and data bank identification program; and  (2) There otherwise is no legal basis for retaining the specimen or sample or searchable profile.  (b) A person requesting expungement of their DNA specimen, sample, and profile:  (1) May make a written request to have the person's specimen and sample destroyed and searchable database profile expunged from the state DNA database and data bank identification program if the underlying conviction or disposition serving as the basis for including the DNA profile has been reversed and the case dismissed; and  (2) Shall send a copy of the person's request to the trial court of the circuit that entered the conviction or rendered disposition in the case, to the department, and to the prosecuting attorney of the county in which the person was convicted or adjudicated, with proof of service on all parties.  (c) A court considering a request for expungement made pursuant to this section, shall grant the request by order pursuant to section 844D-72(a) if the criteria for expungement under subsection (a) are met. [L 2005, c 112, pt of §1]
HI Rev Stat § 844D-72 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|844D. Forensic Identification|844D-72 Destruction of samples and expungement of searchable DNA database profile.

  §844D-72 Destruction of samples and expungement of searchable DNA database profile. (a) Except as provided below, the department shall destroy the sample and expunge the searchable DNA database profile pertaining to the person who has no present or past qualifying offense of record upon receipt of a court order that verifies the applicant has made the necessary showing at a noticed hearing, and that includes all of the following:  (1) The written request for expungement pursuant to section 844D-71;  (2) A certified copy of the court order reversing and dismissing the conviction or case, or a letter from the prosecuting attorney certifying that the underlying conviction has been reversed and the case dismissed;  (3) A finding that written notice has been provided to the prosecuting attorney and the department of the request for expungement; and  (4) A court order verifying that no retrial or appeal of the case is pending, that it has been at least one hundred eighty days since the defendant or minor has notified the prosecuting attorney and the department of the expungement request, and that the court has not received an objection from the department or the prosecuting attorney.  (b) Upon receipt of the order of the court pursuant to subsection (a), the department shall destroy any specimen or sample collected from the person and any searchable DNA database profile pertaining to the person, unless the department determines that the person is subject to the provisions of this chapter because of a past qualifying offense of record or is, or has otherwise become, obligated to submit a blood specimen or buccal swab as a result of a separate conviction, or finding of guilty or not guilty by reason of insanity for an offense described in section 844D-31, or as a condition of a plea.  (c) The department is not required to destroy an autoradiograph or other item obtained from a blood specimen if evidence relating to another person subject to the provisions of this chapter would thereby be destroyed.  (d) Any identification, warrant, probable cause to arrest, or arrest based upon a data bank match shall not be invalidated due to a failure to expunge or a delay in expunging records.  (e) Notwithstanding any other provision of law, the designated entity is not required to expunge DNA profile or forensic identification information or destroy or return specimens, samples, or print impressions taken pursuant to this section based on a termination of a person's duty to register pursuant to chapter 846E. [L 2005, c 112, pt of §1]
HI Rev Stat § 844D-73 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|844D. Forensic Identification|844D-73 No authorization to relieve a person of administrative duty to provide specimens, samples, or print impressions.

 §844D-73 No authorization to relieve a person of administrative duty to provide specimens, samples, or print impressions. Notwithstanding any other provision of law, a judge is not authorized to relieve a person of the separate administrative duty to provide specimens, samples, or print impressions required by this chapter if a person was found not guilty by reason of insanity or pleads no contest to a qualifying offense as defined in section 844D-31 or is given a deferred acceptance of plea under chapter 853. [L 2005, c 112, pt of §1]
HI Rev Stat § 844D-74 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|844D. Forensic Identification|844D-74 Not a basis for invalidation of identification or suppression of identification evidence.

 §844D-74 Not a basis for invalidation of identification or suppression of identification evidence. Nothing in this part shall be construed to invalidate an otherwise valid identification of a person by means of DNA testing or to provide the basis for a suppression of otherwise admissible evidence related to identification of a person based on DNA testing. [L 2005, c 112, pt of §1]
HI Rev Stat § 844D-81 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|844D. Forensic Identification|844D-81 Exemption of specimen from disclosure.

 §844D-81 Exemption of specimen from disclosure. (a) All DNA and forensic identification profiles and other identification information retained by the department pursuant to this chapter shall be exempt from any law requiring disclosure of information to the public and are confidential except as otherwise provided in this chapter.  (b) All evidence and forensic samples containing biological material retained by the department or other state or local law enforcement agency are exempt from any law requiring disclosure of information to the public or the return of biological specimens, samples, or print impressions. [L 2005, c 112, pt of §1]
HI Rev Stat § 844D-82 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|844D. Forensic Identification|844D-82 Confidentiality

 §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]
HI Rev Stat § 844D-83 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|844D. Forensic Identification|844D-83 Knowing use or disclosure by department employee of forensic identification information for other than criminal identification or exclusion purposes.

 §844D-83 Knowing use or disclosure by department employee of forensic identification information for other than criminal identification or exclusion purposes. (a) If any employee of the department knowingly uses an offender specimen, sample, or DNA profile collected pursuant to this chapter for other than criminal identification or exclusion purposes, or knowingly discloses DNA or other forensic identification information developed pursuant to this section to an unauthorized individual or agency for other than criminal identification or exclusion purposes or for other than the identification of missing persons, in violation of this chapter, the department shall be liable in civil damages to the donor of the DNA identification information in the amount of $5,000 for each violation, plus attorney's fees and costs. In the event of multiple violations, total damages shall not exceed $50,000 plus attorney's fees and costs.  (b) Notwithstanding any other law to the contrary, this section shall provide the sole and exclusive remedy against the department and its employees available to the donor of the DNA. The department's employee disclosing DNA identification information in violation of this chapter shall be absolutely immune from civil liability under any other law. [L 2005, c 112, pt of §1]
HI Rev Stat § 844D-84 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|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]
HI Rev Stat § 844D-85 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|844D. Forensic Identification|844D-85 Confidentiality of computer software and database structures.

 §844D-85 Confidentiality of computer software and database structures. To maintain the computer system security of the state DNA database and data bank identification program, the computer software and database structures used by the DNA laboratory of the department to implement this chapter are confidential. [L 2005, c 112, pt of §1]
HI Rev Stat § 844D-92 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|844D. Forensic Identification|844D-92 Local DNA laboratories.

 §844D-92 Local DNA laboratories. Any local DNA laboratory that produces DNA profiles of known reference samples for inclusion within the permanent files of the state DNA database and data bank identification program shall follow the instructions of the department for production of DNA profiles. [L 2005, c 112, pt of §1]
HI Rev Stat § 844D-93 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|844D. Forensic Identification|844D-93 Disposal of unused and expired specimens.

 §844D-93 Disposal of unused and expired specimens. The department is authorized to dispose of unused specimens and samples, unused portions of specimens and samples, and expired specimens and samples in the normal course of business and in compliance with part XI of this chapter and in a reasonable manner as long as the disposal method is designed to protect the identity and origin of specimens and samples from disclosure to third persons who are not a part of law enforcement. [L 2005, c 112, pt of §1]
HI Rev Stat § 844D-101 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|844D. Forensic Identification|844D-101 Law enforcement officer powers under other laws not affected.

 §844D-101 Law enforcement officer powers under other laws not affected. Nothing in this chapter shall limit or abrogate any existing authority of law enforcement officers to take, maintain, store, and use DNA or forensic identification markers, blood specimens, buccal swab samples, saliva samples, or print impressions for identification purposes. [L 2005, c 112, pt of §1]
HI Rev Stat § 844D-102 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|844D. Forensic Identification|844D-102 Authority under other laws not affected.

 §844D-102 Authority under other laws not affected. (a) Nothing in this chapter shall be construed to restrict the authority of local law enforcement to maintain its own DNA-related databases or data banks, or to restrict the department with respect to data banks and databases created by other statutory authority, including but not limited to databases related to fingerprints, firearms and other weapons, child abuse, domestic violence deaths, child deaths, driving offenses, missing persons, sex offender registration, and criminal justice statistics.  (b) Nothing in this chapter shall be construed to limit the authority of the medical examiner of the city and county of Honolulu or county coroners or their agents, in the course of their scientific investigation, to use genetic and DNA technology to inquire into and determine the circumstances, manner, and cause of death, or to employ or use outside laboratories, hospitals, or research institutions that use genetic and DNA technology. [L 2005, c 112, pt of §1]
HI Rev Stat § 844D-111 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|844D. Forensic Identification|844D-111 Refusal or failure to provide specimen for forensic identification.

 §844D-111 Refusal or failure to provide specimen for forensic identification. (a) A person commits the offense of refusal or failure to provide specimen for forensic identification if the person is required by this chapter to provide any blood specimens, buccal swab samples, or print impressions and intentionally, knowingly, or recklessly, refuses or fails to provide any of the required blood specimens, buccal swab samples, or print impressions after the person has received written notice from the department, the department of public safety, any law enforcement personnel, or officer of the court that the person is required to provide each and every one of the blood specimens, buccal swab samples, and print impressions required by this chapter.  (b) A person who intentionally or knowingly fails to comply with this section shall be guilty of a misdemeanor. A person who recklessly fails to comply with this section shall be guilty of a petty misdemeanor.  (c) For purposes of this section, "intentionally", "knowingly", and "recklessly" shall have the same meanings as in section 702-206. [L 2005, c 112, pt of §1; am L 2006, c 144, §3; am L 2015, c 193, §1]