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HRS §844D-39

Using old DNA samples from sex offense registrants

If an adult is convicted of or pleads guilty or no contest to a sex offense that requires registration, and already gave a blood or biological sample to police for any reason, the state can test that sample for DNA and add the profile to its DNA database. This applies even if the sample was not originally taken for the DNA program or the crime happened before the program started. It does not remove the separate duty to give new samples required by this chapter.

The statute, as written — Collection of specimen from sex offense registrants

(a) If a person, except for any juvenile, is convicted of, pleads guilty or no contest to, or is found not guilty by reason of insanity of any of the offenses requiring registration pursuant to chapter 846E, and has given a blood specimen or other biological sample or samples to law enforcement for any purpose, the department is authorized to analyze, or direct a designated entity to analyze, the blood specimen and other biological sample or samples for forensic identification markers, including DNA markers, and to include the DNA and forensic identification profiles from these specimens and samples in the state DNA database and data bank identification program. (b) This section applies whether or not the blood specimen or other biological sample originally was collected from a sexual offender pursuant to the State's DNA and forensic identification database and data bank program, and whether or not the crime committed predated the enactment of the State's DNA and forensic identification database and data bank program, or any amendments thereto. This section does not relieve a person convicted of a crime described in section 844D‑31(a), or otherwise subject to this chapter, from the requirement to give buccal swab samples and print impressions and, if required by the collecting agency's rules or internal regulations, any blood specimens for the state DNA database and data bank identification program as described in this chapter.
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.