reglab/housing_qa huggingface dataset:
HI Rev Stat § 844D-112 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|844D. Forensic Identification|844D-112 Fraudulent use or manipulation of biometric sample or information.

 §844D-112 Fraudulent use or manipulation of biometric sample or information. (a) A person commits the offense of fraudulent use or manipulation of biometric sample or information if the person is required to submit a specimen sample or print impression pursuant to this chapter and intentionally or knowingly:  (1) Facilitates the collection of a wrongfully attributed blood specimen, buccal swab sample, or print impression, with the intent that a government agent or employee be deceived as to the origin of a DNA profile or as to any identification information associated with a specimen, sample, or print impression required for submission pursuant to this chapter; or  (2) Tampers with any specimen, sample, print, or the collection container for any specimen or sample, with the intent that any government agent or employee be deceived as to the identity of the person to whom the specimen, sample, or print relates.  (b) Fraudulent use or manipulation of biometric sample or information is a class C felony. [L 2005, c 112, pt of §1]
HI Rev Stat § 844D-113 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|844D. Forensic Identification|844D-113 Unauthorized disclosure of DNA sample or profile.

 §844D-113 Unauthorized disclosure of DNA sample or profile. (a) A person commits the offense of unauthorized disclosure of DNA sample or profile if the person intentionally or knowingly, in violation of this chapter:  (1) Uses an offender sample or DNA profile for other than criminal identification or exclusion purposes; or  (2) 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.  (b) Unauthorized disclosure of DNA sample or profile purposes is a misdemeanor. [L 2005, c 112, pt of §1]
HI Rev Stat § 844D-114 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|844D. Forensic Identification|844D-114 Use of DNA sample or profile for financial gain.

 §844D-114 Use of DNA sample or profile for financial gain.  (a) A person commits the offense of use of DNA sample or profile for financial gain if the person, for the purpose of financial gain, intentionally or knowingly, in violation of this chapter:  (1) Uses an offender sample or DNA profile for other than criminal identification or exclusion purposes; or  (2) Discloses DNA or other forensic identification information developed pursuant to this chapter to an unauthorized individual or entity, for other than criminal identification or exclusion purposes.  (b) Use of DNA sample or profile for financial gain is a misdemeanor for which, in addition to any other penalty provided by the penal code for a misdemeanor, a fine shall be imposed in an amount three times that of any financial gain received, or $10,000, whichever is greater. [L 2005, c 112, pt of §1]
HI Rev Stat § 844D-121 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|844D. Forensic Identification|844D-121 Petition for post-conviction DNA testing.

 §844D-121 Petition for post-conviction DNA testing. Notwithstanding any other law or rule of court governing post-conviction relief to the contrary, a person who was convicted of and sentenced for a crime, or acquitted of a crime on the ground of physical or mental disease, disorder, or defect excluding responsibility, may file a motion, at any time, for DNA analysis of any evidence that:  (1) Is in the custody or control of a police department, prosecuting attorney, laboratory, or court;  (2) Is related to the investigation or prosecution that resulted in the judgment of conviction or of acquittal of a crime on the ground of physical or mental disease, disorder, or defect excluding responsibility; and  (3) May contain biological evidence. [L 2005, c 112, pt of §1; am L 2006, c 144, §4]
HI Rev Stat § 844D-122 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|844D. Forensic Identification|844D-122 Proceedings.

 §844D-122 Proceedings. The court shall order the prosecuting attorney to answer a motion filed pursuant to section 844D-121 not later than thirty days after filing of the motion. The court may thereafter deny the motion without hearing if the motion is patently frivolous because it is without a trace of support either in the record or in any materials submitted with the motion. The court shall conduct a hearing on the motion within ninety days of its filing if the allegations in the motion, taken as true, establish grounds for relief under section 844D-123. If the court sets the motion for hearing, the court shall order that all evidence in the custody or control of a police department, prosecuting attorney, laboratory, or court that could be subjected to DNA analysis be preserved during the pendency of the proceeding. The intentional destruction of evidence after entry of the order shall constitute grounds for appropriate sanctions, including contempt of court under section 710-1077. [L 2005, c 112, pt of §1]
HI Rev Stat § 844D-124 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|844D. Forensic Identification|844D-124 Counsel.

 §844D-124 Counsel. (a) The court may, at any time during proceedings under this part, appoint counsel for a defendant determined to be indigent pursuant to section 802-4.  (b) If the defendant has filed pro se, upon a showing that DNA testing may be material to the defendant's claim of wrongful conviction, the court shall appoint counsel for the defendant.  (c) The court, in its discretion, may refer pro se requests for DNA testing to qualified parties for further review, including but not limited to indigent defense organizations or clinical legal education programs, without appointing the parties as counsel at that time.  (d) If the defendant has retained private pro bono counsel, including but not limited to counsel from a nonprofit organization that represents indigent persons, the court may, in its discretion, award reasonable attorney's fees and costs at the conclusion of the litigation. [L 2005, c 112, pt of §1]
HI Rev Stat § 844D-125 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|844D. Forensic Identification|844D-125 Discovery.

 §844D-125 Discovery. (a) At any time after a petition has been filed under this part:  (1) The court may order the State to locate and provide the defendant with any documents, notes, logs, or reports relating to items of physical evidence collected in connection with the case, or otherwise assist the defendant in locating items of biological evidence that the State contends have been lost or destroyed;  (2) The court may order the State to take reasonable measures to locate biological evidence that may be in its custody, or to assist the defendant in locating evidence that may be in the custody of a public or private hospital, public or private laboratory, or other facility; or  (3) If evidence had previously been subjected to DNA testing, the court may order production of laboratory reports prepared in connection with the DNA testing, as well as the underlying data, and the laboratory notes.  (b) If any DNA or other biological evidence testing was previously conducted by either the prosecution or defense without knowledge of the other party, such testing shall be revealed in the motion for testing or response, if any.  (c) If the court orders DNA testing in connection with a proceeding brought under this part, the court shall order the production of any laboratory reports prepared in connection with the DNA testing, and may in its discretion order production of the underlying data, bench notes, or other laboratory notes.  (d) The results of any post-conviction DNA testing conducted under this part shall be disclosed to the prosecution, the defendant, and the court. [L 2005, c 112, pt of §1]
HI Rev Stat § 844D-126 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|844D. Forensic Identification|844D-126 Retention of biological evidence.

 §844D-126 Retention of biological evidence. (a) All evidence in the custody or control of a police department, prosecuting attorney, laboratory, or court that is related to the investigation or prosecution of a case in which there has been a judgment of conviction and that may contain biological evidence that could be used for DNA analysis shall be retained at least until the later occurring of either:  (1) The exhaustion of all appeals of the case to which the evidence is related; or  (2) The completion of any sentence, including any term of probation or parole, imposed on the defendant in the case to which the evidence relates.  (b) The attorney general shall establish procedures and protocols, which shall be uniform throughout the State, for the collection and preservation of evidence retained pursuant to this section. [L 2005, c 112, pt of §1]
HI Rev Stat § 844D-127 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|844D. Forensic Identification|844D-127 Choice of laboratory.

 §844D-127 Choice of laboratory. When the court grants a motion under section 844D-123, the evidence shall be analyzed at an independent laboratory meeting standards adopted pursuant to the DNA Identification Act of 1994 (42 U.S.C. 14131). If the defendant and the prosecuting attorney cannot agree on a laboratory to perform the analysis, the court shall select the laboratory. [L 2005, c 112, pt of §1]
HI Rev Stat § 844D-128 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|844D. Forensic Identification|844D-128 Payment.

 §844D-128 Payment. Analysis ordered pursuant to section 844D-123(a) shall be paid for using funds from the DNA registry special fund established pursuant to section [706-603(3)]. The court may require payment for analysis ordered pursuant to section 844D-123(b) to be made by the defendant, the DNA registry special fund, or a combination thereof. [L 2005, c 112, pt of §1]
HI Rev Stat § 844D-129 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|844D. Forensic Identification|844D-129 Appeal.

 §844D-129 Appeal.  In accordance with applicable rules of court, the defendant may appeal to the supreme court and intermediate court of appeals from an order denying a motion made pursuant to this part. [L 2005, c 112, pt of §1]
HI Rev Stat § 844D-130 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|844D. Forensic Identification|844D-130 Successive motions.

 §844D-130 Successive motions. (a) If the defendant has filed a prior motion for DNA testing under this part or any other provision of law, the defendant may file, and the court shall adjudicate, a successive motion or motions under this part; provided that the defendant asserts new or different grounds for relief, including but not limited to factual, scientific, or legal arguments not previously presented, or the availability of more advanced DNA technology.  (b) The court may also, in its discretion, adjudicate any successive motions if the interests of justice so require. [L 2005, c 112, pt of §1]
HI Rev Stat § 844D-131 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|844D. Forensic Identification|844D-131 Additional orders.

 §844D-131 Additional orders. (a) The court may in its discretion make such other orders as may be appropriate. This includes but is not limited to designating:  (1) The type of DNA analysis to be used;  (2) The testing procedures to be followed;  (3) The preservation of some portion of the sample for replicating the testing;  (4) Additional DNA testing, if the results of the initial testing are inconclusive or otherwise merit additional scientific analysis; and  (5) The collection and DNA testing of elimination samples from third parties.  (b) DNA profile information from biological samples taken from any person pursuant to a motion for post-conviction DNA testing shall be exempt from any law requiring disclosure of information to the public. [L 2005, c 112, pt of §1]
HI Rev Stat § 844D-132 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|844D. Forensic Identification|844D-132 Procedure after testing results are obtained.

 §844D-132 Procedure after testing results are obtained. (a) If the results of the post-conviction DNA testing are favorable to the defendant, the court shall conduct a hearing pursuant to applicable law or court rule governing post-conviction proceedings, notwithstanding any law or court rule that would otherwise bar such a hearing as untimely or procedurally defective, and thereafter make such orders as are necessary for disposition of those proceedings. If the results of the DNA analysis are not favorable to the defendant, the court shall give notice of the results to probation or parole authorities, as appropriate.  (b) Records reflecting the results of DNA analysis performed pursuant to this section, including the underlying data and laboratory notes, shall not be subject to disclosure pursuant to chapter 92F except to the extent of a conclusion that a particular person was, or was not, the source of the biological evidence analyzed.  (c) In any case as to which a motion is filed under this section, the prosecuting attorney shall give notice to the victim or surviving immediate family members of a homicide victim of the filing of the motion, any hearing that is held as a result, and its disposition. For purposes of this subsection, "victim" and "surviving immediate family members" have the same meaning as in section 801D-2.  (d) The court shall make appropriate findings of fact and conclusions of law in support of its disposition of a motion made pursuant to this section, regardless of whether a hearing was held. [L 2005, c 112, pt of §1]
HI Rev Stat § 844D-133 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|844D. Forensic Identification|844D-133 Consent.

 §844D-133 Consent. Nothing in this part shall be interpreted to prohibit a convicted person and the State from consenting to and conducting post-conviction DNA testing by agreement of the parties and without filing a motion for post-conviction DNA testing under this part. Notwithstanding any other provision of law governing post-conviction relief, if DNA test results are obtained under testing conducted upon consent of the parties which are favorable to the defendant, the defendant may file, and the court shall adjudicate, a motion for post-conviction relief under the provisions of this part, based on the DNA test results. [L 2005, c 112, pt of §1]
HI Rev Stat § 845-1 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|845. Career Criminals|845-1 Findings and purpose.

  §845-1 Findings and purpose. The legislature finds that a substantial and disproportionate amount of serious crime is committed against the people by a relatively small number of multiple and repeat felony offenders, commonly known as career criminals. In enacting this chapter, the legislature intends to support increased efforts by prosecuting attorneys' offices to prosecute career criminals through organizational and operational techniques that have been proven effective in selected counties in other states. [L 1979, c 104, pt of §1]
HI Rev Stat § 845-2 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|845. Career Criminals|845-2 Career criminal prosecution program.

  §845-2 Career criminal prosecution program. (a) There shall be established a career criminal prosecution program, whose purpose shall be the investigation and prosecution of those persons identified as habitual or career criminals.  (b) The office of the attorney general shall administer the program, and develop a plan of financial and technical assistance for prosecuting attorneys' offices. The attorney general shall direct the program and may allocate and award funds to counties in which career criminal prosecution units are established in substantial compliance with the policies and criteria established by the attorney general. The establishment of these policies and criteria shall not be subject to chapter 91, but the criteria shall be based on the general definition in section 845-3. [L 1979, c 104, pt of §1]
HI Rev Stat § 845-3 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|845. Career Criminals|845-3 Persons subject to career criminal prosecution efforts.

  §845-3 Persons subject to career criminal prosecution efforts. (a) An individual shall be the subject of career criminal prosecution efforts if the individual falls into categories 1, 2, or 3 in subsection (b) and may be the subject of career criminal prosecution efforts if the individual falls into any other category of subsection (b).  (b) Subject to the restrictions in subsection (a), career criminal prosecution applies to an individual who:  (1) Has had two or more felony convictions within the last five years.  (2) Has had one or more felony and two or more misdemeanor convictions and/or arrests within the last three years. Misdemeanors will be limited to prostitution, theft II and place to keep firearm.  (3) Is convicted and/or arrested for the offense of "felon in possession of a firearm" within the last five years.  (4) Is on parole.  (5) Is on probation.  (6) Is on bond awaiting an appeal.  (7) Is on bond awaiting trial.  (8) Is known or suspected to be an associate of organized crime.  (9) Is known or suspected of recurring or ongoing criminal activity.  (10) Has no adult record but who has an extensive juvenile record.  (11) Is a juvenile with an extensive record who has been waived to the circuit court for trial. [L 1979, c 104, pt of §1; am L 1980, c 166, §1; gen ch 1985]
HI Rev Stat § 846-1.5 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|846. Hawaii Criminal Justice Data Center; Civil Identification|846-1.5 REPEALED.

  §846-1.5 REPEALED. L 1985, c 165, §1.
HI Rev Stat § 846-2 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|846. Hawaii Criminal Justice Data Center; Civil Identification|846-2 Establishment of the Hawaii criminal justice data center.

  §846-2 Establishment of the Hawaii criminal justice data center. There shall be a data center, to be known as the "Hawaii criminal justice data center", established in the department of the attorney general. The data center shall be directed and managed by an administrator appointed by the attorney general subject to chapter 76. [L 1979, c 129, pt of §2; am L 1980, c 269, §2; am L 1982, c 57, §1; am L 1983, c 78, §3(4); am L 1985, c 165, §2; am L 1986, c 65, §1; am L 1987, c 146, §3; am L 2000, c 253, §150]
HI Rev Stat § 846-2.6 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|846. Hawaii Criminal Justice Data Center; Civil Identification|846-2.6 Computerized fingerprint identification system.

  §846-2.6 Computerized fingerprint identification system. There is established within the Hawaii criminal justice data center a computerized fingerprint identification system. The computerized fingerprint identification system shall use as its primary resource an automatic fingerprint identification system. The department of the attorney general shall coordinate the use of this system and equipment with federal, state, and county law enforcement agencies. [L 1987, c 380, §2]
HI Rev Stat § 846-3 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|846. Hawaii Criminal Justice Data Center; Civil Identification|846-3 Reporting to data center.

  §846-3 Reporting to data center. The chiefs of the police of the counties of the State and agencies of state and county governments having power of arrest shall furnish the data center with descriptions of all such persons who are arrested by them for any felony or misdemeanor, or as fugitives from the criminal justice system of another jurisdiction, or for any offense declared by rule or regulation promulgated by the attorney general to be a significant offense necessary to be reported for the proper administration of criminal justice. The data center shall in all appropriate cases forward necessary identifying data and other information to the system maintained by the Federal Bureau of Investigation. [L 1979, c 129, pt of §2]
HI Rev Stat § 846-4 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|846. Hawaii Criminal Justice Data Center; Civil Identification|846-4 Query of data center.

  §846-4 Query of data center. Criminal justice agencies shall query the data center to assure that the most up-to-date disposition data is being used. Such inquiries shall be made prior to any dissemination except in those cases where the agency determines that time is of the essence and the center is technically incapable of responding within the necessary time period, provided, however, that where local criminal justice agencies have entered into agreements for the sharing of a computerized criminal history record information system, the agency operating such system shall not be required to query the data center prior to disseminating information to the agencies which are party to the agreements. [L 1979, c 129, pt of §2]
HI Rev Stat § 846-5 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|846. Hawaii Criminal Justice Data Center; Civil Identification|846-5 Reporting of dispositions.

  §846-5 Reporting of dispositions. It shall be the responsibility of every criminal justice agency in this State to report to the data center the disposition of cases which enter their area in the administration of criminal justice to insure that all systems maintained in this State shall contain complete and accurate criminal history record information. All dispositions shall be reported as promptly as feasible but not later than ninety days after the happening of an event which constitutes a disposition. [L 1979, c 129, pt of §2]
HI Rev Stat § 846-6 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|846. Hawaii Criminal Justice Data Center; Civil Identification|846-6 Systematic audit.

  §846-6 Systematic audit. All criminal justice agencies shall institute a process of data collection, entry, storage, and systematic audit of criminal history record information that will minimize the possibility of recording and storing inaccurate information. Any criminal justice agency which finds that it has reported inaccurate information of a material nature shall forthwith notify all criminal justice agencies known to have received such information. All criminal justice agencies shall:  (1) Maintain for a minimum period of one year a listing of the individuals or agencies both in and outside of the State to which criminal history record information was released, a record of what information was released, and the date such information was released;  (2) Establish a delinquent disposition monitoring system; and  (3) Verify all record entries for accuracy and completeness. [L 1979, c 129, pt of §2]