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SB 3073

RELATING TO THE RETENTION OF BIOLOGICAL EVIDENCE.

2026 Regular Session Introduced by Ron Kouchi

SB 3073 requires Hawaii law enforcement to preserve biological evidence in criminal cases for extended periods, enabling post-conviction DNA testing and wrongful conviction appeals.

Act 150, 06/25/2026 (Gov. Msg. No. 1251).
#biologicalevidence #forensicidentification #retention
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Bill Summary · SB 3073

Legislative bill overview

SB 3073 establishes requirements for the retention and preservation of biological evidence in criminal cases in Hawaii. The bill sets minimum timeframes and procedures that law enforcement and prosecutors must follow to maintain biological evidence collected during investigations, particularly in cases involving serious crimes or cases where evidence may be relevant to establishing innocence.

Why is this important

Biological evidence retention directly impacts wrongful conviction cases and post-conviction DNA testing requests. Without clear retention mandates, evidence can be destroyed, lost, or degraded, eliminating opportunities for defendants to prove innocence through modern forensic analysis. This bill addresses a critical gap in criminal justice accountability by ensuring evidence preservation.

Potential points of contention

  • Cost and storage burden: Law enforcement agencies may argue that mandatory long-term retention of biological evidence increases operational costs and requires significant storage infrastructure
  • Timeline disputes: Disagreement over appropriate retention periods—balancing defendant rights to access evidence against practical storage limitations and the point at which evidence becomes irrelevant
  • Implementation standards: Defining which types of biological evidence must be retained and establishing uniform statewide procedures across different law enforcement jurisdictions with varying resources

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

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