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QUESTION: My husband received notice from the state that he has to give a DNA sample because of a law passed in 2005 for people convicted of felonies. He was convicted in 1999, before the law was passed. He’s done his time, is not on parole and hasn’t done anything wrong since then. He feels violated if he has to give his DNA. Must he?
ANSWER: Yes, he does.
Under Section 844D-31(a) of the Hawaii Revised Statutes: "Any person, except for any juvenile, who is convicted of, or pleads guilty or no contest to, any felony offense, even if the plea is deferred, or is found not guilty by reason of insanity of any felony offense, shall provide buccal swab samples and print impressions of each hand, and, if required by the collecting agency’s rules or internal regulations, blood specimens, required for law enforcement identification analysis."
(Buccal swabs are used to take DNA samples from the inside of a person’s cheek.)
The law is retroactive, regardless of when the crime was committed or when the person was convicted. Refusal to submit a DNA sample is a misdemeanor, punishable by a maximum one year in prison and $2,000 fine.
In August, Maui resident John P. Dunbar Jr., 60, who was convicted of felony second-degree escape in 2005, was arrested for refusing to submit a DNA sample.
He was scheduled to go to trial Nov. 17. But, when he failed to show up for a court appearance Wednesday, the court struck the trial date from the calendar, said Maui Deputy Prosecuting Attorney Ryan Teshima.
However, Dunbar was expected to show up in court Thursday "to try to get everything back on track," he said.
"As far as the case, we are going forward," Teshima said. "I don’t think we’re going to be able to settle the case short of a trial, so it looks like it will be going to trial."
Approximately 30,000 DNA samples have been collected under the Hawaii DNA program, said Lance Goto, a deputy attorney general in the state attorney general’s Criminal Justice Division.
The DNA Collection Unit identifies convicted felons that need to provide DNA samples and sends written notices to them, including information on how and when to submit the samples, he said.
"That does not mean, however, that people need to wait until they receive the written notice," Goto said.
If someone convicted of a felony in the state has not yet provided a DNA sample, that person can contact the DNA Collection Unit by calling 587-4241.
Collections are made by the attorney general’s office, which has agents in Kona, Hilo, Maui and Kauai; the Hawaii Paroling Authority; all county police departments; and the state Adult Probation Division, Goto said.
PUNCHBOWL REPAIRS
Just in time for Veterans Day, renovations of the Visitor Center restrooms have been completed at the National Memorial Cemetery of the Pacific, Punchbowl.
"The restrooms are freshly painted and have new fixtures, toilets and flooring," said Punchbowl spokeswoman Nadine Siak.
In response to a complaint about the restrooms being in disrepair, officials in August told Kokua Line they had been given permission to begin renovations. (See bit.ly/1u4ESbG.)
Meanwhile the public is invited to the Veterans Day ceremony at Punchbowl, which begins at 10 a.m. Tuesday.
It’s recommended that people come early gates open at 8 a.m. because parking will be first-come, first-served, Siak said.
Speakers will be U.S. Pacific Fleet Commander Adm. Harry B. Harris Jr. and retired Army Brig. Gen. Irwin K. Cockett Jr.
MAHALO
Belatedly, to Wayne of Comet Towing for his aloha and assistance. He drove to Liliha from Aiea at 8:30 p.m., when we placed the trouble call. By the time he arrived, my husband’s car finally started, but Wayne did not charge us at all for coming down, essentially a wasted trip for him. A heartfelt mahalo, Wayne. — The Kams
Write to “Kokua Line” at Honolulu Star-Advertiser, 7 Waterfront Plaza, Suite 210, 500 Ala Moana Blvd., Honolulu 96813; call 529-4773; fax 529-4750; or email kokualine@staradvertiser.com.
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