← Back to search

HRS §844D-130

Filing another DNA testing request after a first one

Read the official text at capitol.hawaii.gov ↗

A defendant can file more than one request for DNA testing if they have new reasons, like new facts, science, or better technology. The court must consider these new requests. The court can also choose to consider other repeat requests if fairness requires it.

courts

The statute, as written — Successive motions

A copy, taken August 20, 2026. The version published by the Legislature is the one that governs, and it may have changed since. Check it before relying on anything here.

(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.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.