Hawaii

Recent / Pending Legislation

Arrestees: No. Legislation (HB 1776 (2018, died)) introduced in 2018 to create arrestee collection. But this did not pass.

Convicted Offenders: Yes.

Qualifying Crimes: Hawaii requires DNA collection from persons convicted of felony offenses and certain misdemeanor sex offenses.

Time of Collection: If incarcerated, testing is immediate; if on probation, parole or other release, within 20 working days’ notice of need for testing; if person accepted into Hawaii from other jurisdictions and not confined, within 20 working days of reporting to supervising agent or within 5 calendar days of notice, whichever occurs first; if person accepted into Hawaii from other jurisdictions and is confined, as soon as practicable after the person’s receipt in a facility; if a sex offender or offender against minors, then at the time of registration or updating registration, the person will receive a collection appointment, but if prior to the time of the required registration update, the person is notified that the person is subject to collection, then the person shall undergo collection within 10 calendar days of the notification.

Expungement: For a person with no present or past qualifying offense of record — and no other legal basis for retaining the specimen — the department must destroy the sample and expunge the searchable database profile upon receipt of a court order verifying that the applicant made the necessary showing at a noticed hearing and that includes all of the following:

• (1) The written request for expungement pursuant to section 844D-71;
• (2) A certified copy of the court order reversing and dismissing the conviction or case, or a letter from the prosecuting attorney certifying that the underlying conviction has been reversed and the case dismissed;
• (3) A finding that written notice has been provided to the prosecuting attorney and the department of the request for expungement; and
• (4) A court order verifying that no retrial or appeal of the case is pending, that it has been at least one hundred eighty days since the defendant or minor has notified the prosecuting attorney and the department of the expungement request, and that the court has not received an objection from the department or the prosecuting attorney.

Statutes / Case Law

• Haw. Rev. Stat. § 844D-2. Administration
• § 844D-21. Collection of Specimens, Samples, and Print Impressions at Correctional Facility or Other Detention Facility
• § 844D-31. Offenders subject to collection
• § 844D-34. Collection from persons confined or in custody after conviction
• § 844D-35. Collection from persons on probation, parole, or other release
• § 844D-37. Collection from persons accepted into Hawaii from other jurisdictions
• § 844D-39. Collection of specimen from sex offense registrants
• § 844D-40. Collection of specimens from persons required to register under chapter 846E who have not yet provided samples
• § 844D-53. Analysis of forensic identification profiles
• § 844D-71. Expungement of DNA information from state DNA database and data bank identification program
• § 844D-72. Destruction of samples and expungement of searchable DNA database profile
• § 844D-73. No authorization to relieve a person of administrative duty to provide specimens, samples, or print impressions.
• § 846E-1–846E-12. Registration of Sex Offenders and other covered offenders and public access to registration information.
• § 84G-2. Hawaii sexual assault response and training program

Legislative History

• HB 1733 HD2 SD2 CD1 (2005 Act 112). Original enactment — created all of Chapter 844D. Established the Hawaii DNA database program, collection mandates, administration, and penalties.
• SB 2243 SD1 HD1 CD1 (2006 Act 144). First amendment — amended §§ 844D-31 (offenders subject to collection), 844D-111 (refusal to provide specimen), and 844D-121 (post-conviction DNA testing).
• SB 211 (2015 Act 193). Amended § 844D-111 — added graduated offense levels (reckless refusal = petty misdemeanor) with cross-references to HRS § 702-206 intent definitions.
• HB 1907 HD2 SD2 CD1 (2016 Act 207). Added new § 844D-24 — established procedures for sexual assault evidence collection and tracking.
• HB 2171 HD2 SD1 CD1 (2022 Act 278). Amended §§ 844D-82 (confidentiality) and 844D-111 (penalties) as part of the broader corrections reorganization renaming the Department of Public Safety to the Department of Corrections and Rehabilitation.

• No program or law found.
  • Hawaii is not an arrestee state, meaning Rapid DNA cannot be deployed at booking stations.
  • Honolulu PD does use it for certain known reference samples or specific scene elements (but not booking). Maui PD has Rapid DNA. Kauai PD has Rapid DNA.
• Previous Legislation
  • HB 1746 – (2026, died), establishes within the Honolulu Police Department a Rapid DNA investigative lead program and appropriates money.

• No program or law found.
• SB 318 (2025/6, did not pass) – requiring the Department of Commerce and Consumer Affairs to adopt rules establishing privacy requirements for direct-to-consumer genetic testing in the State. Requires the Department’s rules to specify whether consumers’ genetic information may be used for purposes of investigative genetic genealogy.

No program or law found.

• SB 2715 (2026, introduced and now dead) – requires HPD to establish and maintain a statewide automated DNA match tracking system.