HRS §844D-63
Protection from lawsuits for DNA and fingerprint collection
This section protects people who collect DNA samples or fingerprints from being sued or charged with a crime if they follow proper medical or professional procedures. It also protects law enforcement and the department from lawsuits for mistakes in confirming someone's status or entering information in the database. If the department or police don't follow the rules, it doesn't cancel an arrest, plea, conviction, or other legal outcome.
employees
The statute, as written — Limitations on civil and criminal liability
(a) Persons authorized to draw blood or obtain samples or print impressions under this chapter for the data bank or database shall not be civilly or criminally liable either for withdrawing blood when done in accordance with medically accepted procedures, or for obtaining buccal swab samples by scraping inner cheek cells of the mouth, or print impressions when performed in accordance with standard professional practices. (b) There shall be no civil or criminal cause of action against any law enforcement agency or the department, or any employee thereof, for a mistake in confirming a person's or sample's qualifying status for inclusion within the database or data bank or in placing an entry in a data bank or a database. (c) The failure of the department or local law enforcement to comply with this chapter shall not invalidate an arrest, plea, conviction, or disposition.
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