HRS §844D-33
Court must check DNA samples are taken
This section says the prosecutor must tell the court if a person has not given required DNA samples, and the court must check before sentencing. If the court or prosecutor forgets, the person still must give the samples. The judgment must note the DNA requirement.
courts
The statute, as written — Notification by prosecutor and inquiry by court
(a) If at any stage of court proceedings the prosecutor determines that the specimens, samples, or print impressions required by this chapter have not already been taken from any person required to give specimens, samples, or print impressions by this chapter, the prosecutor shall notify the court orally on the record, or in writing, and request that the court order collection of the specimens, samples, or print impressions required by law. However, a failure by the prosecutor or any other law enforcement agency to notify the court shall not relieve a person of the obligation to provide specimens, samples, or print impressions pursuant to this chapter. (b) Prior to final disposition or sentencing in a case, the court shall inquire and verify that the specimens, samples, or print impressions required by this chapter have been obtained and that this fact is included in the judgment. The judgment issued by the court shall indicate that the court has ordered the person to comply with the requirements of this chapter and that the person shall be included in the state DNA database and data bank identification program and be subject to this chapter. However, failure by the court to enter these facts in the judgment shall not invalidate a plea, conviction, or disposition, or otherwise relieve a person from the requirements of this chapter.
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