Bill > SB3073

This bill modifies existing law to create a more practical framework for retaining biological evidence after a conviction, which is defined as an individual's blood, semen, hair, saliva, skin tissue, fingernail scrapings, teeth, bone, bodily fluids, or other identifiable biological material, including sexual assault examination kits. Previously, all evidence that *may* contain biological material had to be retained in all post-conviction cases, leading to storage issues. Now, evidence must be retained only if the identity of the defendant as the perpetrator was a contested issue in the case, the conviction was for a serious felony offense such as murder, manslaughter, kidnapping, or sexual assault, and the evidence could reasonably contain biological material usable for DNA analysis to identify or exclude the defendant. The bill also establishes a process for evidence custodians to dispose of evidence earlier than the standard retention period, which is at least until all appeals are exhausted or the sentence is completed, by notifying the defendant and providing an opportunity for the defendant to object to the disposal in court.

Government Affairs, Justice

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=3073&year=2026