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GM 1251

Informing the Legislature that on June 25, 2026, the Governor signed the following bill into law: SB3073 SD1 HD1 CD1 (ACT 150).

2026 Regular Session

The bill narrows mandatory post-conviction DNA evidence retention to serious felonies with contested identity or DNA relevance, with court-led disposal only after notice and object

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Bill Summary · GM 1251

Summary of GM 1251 (Act 150) – Hawaii, 2026

Purpose and overall intent

  • The bill, SB3073 CD1, SD1, HD1, creates a more practical and balanced framework for post-conviction retention of biological evidence in Hawaii.
  • It narrows the prior, broad retention requirement that applied to all post-conviction cases, addressing storage and procedural concerns while preserving DNA analysis opportunities in appropriate cases.

Key provisions and changes

  • Limitations on mandatory retention:
    • Retention of biological evidence is now focused on certain serious felonies where:
    • The defendant’s identity as the perpetrator was a contested issue, and
    • The evidence could reasonably contain biological material suitable for DNA analysis to identify or exclude the defendant.
  • Disposal eligibility with court involvement:
    • In cases where the identity of the perpetrator was not contested or the evidence lacks DNA-amenable material, disposal of evidence may occur, but only after court approval and following a specified process.
  • Defendant rights and objections:
    • Defendants are provided an opportunity to object to proposed disposal of evidence.
    • The process includes notice to the defendant, their attorney, the prosecutor, and the evidence custodian, with a defined 90-day window for filing objections.
    • The court will hold a hearing if objections are filed and may order disposal after weighing the evidence.
  • Court-ordered retention flexibility:
    • The court may, on motion, order retention of biological evidence in any felony case if there is biological material that could be material to establishing or disproving the perpetrator’s identity.
  • Definitions and scope:
    • Introduces a definition for “contested issue in the case” as record evidence showing affirmative dispute over the defendant’s identity (e.g., misidentification, alibi, third-party perpetrator, etc.).
    • Expands and clarifies what constitutes “biological evidence” (blood, semen, hair, saliva, skin tissue, fingernail scrapings, teeth, bone, bodily fluids, etc., and other identifiable biological material including contents of a sexual assault examination kit).
  • Statutory alignment:
    • Amends section 844D-1, 844D-121, and 844D-126 of the Hawaii Revised Statutes to implement the new framework, definitions, and procedures.
  • Effective date:
    • The act takes effect September 1, 2026.

Who is affected

  • Criminal justice system stakeholders:
    • Law enforcement agencies, prosecutors, and evidence custodians (including police departments and laboratories).
    • Courts handling post-conviction matters.
    • Defense attorneys and convicted individuals who may seek post-conviction DNA testing or object to evidence disposal.
  • Defendants in felony cases with contested identity issues or potential DNA-relevant evidence.
  • Victims and the state’s broader interests in case integrity, DNA testing capabilities, and resource management for evidence storage.

Procedural and timeline aspects

  • Process for disposal:
    • If disposal is contemplated, a notification of proposed disposal is filed with the court and served to relevant parties.
    • There is a 90-day window for the defendant (or associated representatives) to file an objection.
    • A court hearing may be held to determine whether disposal is appropriate.
    • Disposal is permitted if the court finds either the identity was not contested or the evidence lacks DNA-relevant material, or after the hearing if appropriate.
  • Retention period:
    • Retained biological evidence must be held at least until the later of the exhaustion of all appeals or the completion of any sentence, probation, or parole, unless the court orders otherwise.
  • Uniform procedures:
    • The Attorney General is tasked with establishing uniform statewide procedures for collection and preservation of retained evidence under this section.

Practical impact and considerations

  • Addresses storage capacity and cost concerns by narrowing mandatory retention to cases where DNA analysis could meaningfully identify or exclude a suspect.
  • Enhances fairness by allowing defendants to challenge disposal plans and ensuring due process.
  • Maintains DNA testing viability in high-stakes cases where identity is contested.
  • Creates a clearer, more predictable framework for how and when biological evidence can be retained or disposed of after conviction.

Notes

  • The bill does not retroactively affect rights and duties that matured, penalties incurred, or proceedings begun before its effective date.
  • The act was approved by the Governor on June 25, 2026, and is designated as Act 150.

Compiled from official sources — confirm details with the bill’s official record.

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