HawaiiHawaii law sets rules for keeping and disposing of case evidence
Starting September 1, 2026, evidence from certain serious felony cases must be kept through appeals and sentences, though courts may allow earlier disposal.
What it does
Evidence must be kept in certain serious felony cases when the defendant disputed being the perpetrator and the evidence could help DNA testing identify or exclude someone.
A custodian may seek early disposal through the court or notify the defendant; the defendant has 90 days to object, and a court hearing follows a timely objection.
A court may order evidence kept in any felony case if it could reasonably help prove or disprove who committed the crime.
Eligible people may ask for DNA analysis of case evidence containing biological material that could help identify or exclude someone.
Argument forAgencies could avoid keeping evidence unlikely to help identify a perpetrator through DNA testing, which may ease storage burdens.
Argument againstEvidence could be disposed of before appeals end or a sentence is complete, which may limit a convicted person’s ability to seek later DNA testing.
More detail
Evidence custodians must keep certain evidence tied to specified serious felony convictions when the defendant disputed being the perpetrator and DNA testing could help identify or exclude someone. The rule applies to evidence held by law enforcement agencies, prosecuting agencies, laboratories, or courts in cases resulting in a conviction for a listed offense. The covered offenses are murder, manslaughter, kidnapping, first- or second-degree sexual assault, first-degree assault, and attempts or conspiracies to commit those offenses. Covered evidence must be kept until all appeals are over and the defendant has completed the sentence, including probation or parole.
An evidence custodian may seek court approval to dispose of covered evidence early, or notify the defendant of proposed disposal; the defendant may object and request a hearing. This process applies to evidence otherwise required to be kept under the retention rules. A disposal notice must describe the evidence and be served on the defendant and other specified people or agencies. The defendant must file a written objection with the court and serve it on the prosecuting agency and evidence custodian within 90 days of the latest required service. After a hearing, the court may allow disposal if it finds that identity was not disputed or the evidence cannot reasonably help DNA testing identify or exclude someone. The 90-day objection period runs from the latest completed service on the defendant, their parole or probation officer, or their attorney, as applicable.
A court may order biological evidence kept in a felony case for the period otherwise required by law. This applies to biological evidence in any felony case. The defendant or prosecutor may ask for an order, or the court may act on its own. The court must find from the case record that biological evidence exists or was collected and could reasonably matter to proving or disproving who committed the crime. The court may order retention for the period otherwise required by law.
A person who meets the stated conviction or acquittal conditions may ask a court for DNA analysis of qualifying case evidence. This applies to people convicted and sentenced for a crime, or acquitted because physical or mental disease, disorder, or defect excluded responsibility. The evidence must be held by a law enforcement agency, prosecuting agency, laboratory, or court and relate to the case that led to the conviction or qualifying acquittal. The evidence must contain biological material that could reasonably be used for DNA analysis to identify or exclude a person. A motion may be filed at any time.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jun 26Act 150, 06/25/2026 (Gov. Msg. No. 1251).Latest
- Jun 26Act 150, on 06/25/2026 (Gov. Msg. No. 1251).Became Law
- May 8Received notice of passage on Final Reading in House (Hse. Com. No. 888).Minor
- May 7Enrolled to Governor.To Governor
- May 6Passed Final Reading as amended in CD 1 with none voting aye with reservations; none voting no (0) and none excused (0).Major
- Vote recorded Passed Final Reading as amended in CD 1. Result: pass.Lower
- May 5Received notice of Final Reading (Sen. Com. No. 814).Minor
- May 1Deferred one day 05-06-26.Minor
- Vote recorded Passed Final Reading, as amended (CD 1). Result: pass.Upper
- May 1Passed Final Reading, as amended (CD 1). Ayes, 24; Aye(s) with reservations: none. Noes, 0 (none). Excused, 1 (Senator(s) Fukunaga).Major
- Apr 29Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 14-26).
- Apr 2948 Hrs. Notice (as amended CD 1) 05-01-26.
- Apr 29Reported from Conference Committee (Conf Com. Rep. No. 14-26) as amended in (CD 1).
- Apr 29Forty-eight (48) hours notice Friday, 05-01-26.
- Apr 23The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 3 Aye(s): Senator(s) Rhoads, Gabbard, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.Minor
- Vote recorded The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. Result: pass.Upper
- Vote recorded The Conference Committee recommends that the measure be Passed, with Amendments. Result: pass.Lower
- Apr 23The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 4 Ayes: Representative(s) Tarnas, Belatti, Poepoe, Shimizu; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none.Minor
- Apr 22Received notice of Senate conferees (Sen. Com. No. 720).Minor
- Apr 22Conference committee meeting scheduled for 04-23-26 2:35PM; Conference Room 325.
- Apr 21House Conferees Appointed: Tarnas Chair; Belatti, Poepoe, Shimizu.
- Apr 21Received notice of appointment of House conferees (Hse. Com. No. 800).Minor
- Apr 21Senate Conferees Appointed: Rhoads Chair; Gabbard, Awa.
- Apr 16Received from House (Hse. Com. No. 738).Minor
- Apr 16Senate disagrees with House amendments.Minor
- Apr 16Received notice of disagreement (Sen. Com. No. 710).Minor
- Apr 14Passed Third Reading with none voting aye with reservations; none voting no (0) and none excused (0). Transmitted to Senate.Passed House
- Vote recorded Passed Third Reading. Result: pass.Lower
- Apr 9Reported from JHA (Stand. Com. Rep. No. 1978-26) as amended in HD 1, recommending passage on Second Reading and placement on the calendar for Third Reading.
- Vote recorded Passed Second Reading as amended in HD 1; placed on the calendar for Third Reading. Result: pass.Lower
- Apr 9Passed Second Reading as amended in HD 1; placed on the calendar for Third Reading with none voting aye with reservations; none voting no (0) and Representative(s) Cochran excused (1).
- Mar 19The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 8 Ayes: Representative(s) Tarnas, Poepoe, Hashem, Kahaloa, Takayama, Cochran, Garcia, Shimizu; Ayes with reservations: none; Noes: none; and 2 Excused: Representative(s) Belatti, Sayama.Minor
- Vote recorded The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. Result: pass.Lower
- Mar 17Bill scheduled to be heard by JHA on Thursday, 03-19-26 2:00PM in House conference room 325 VIA VIDEOCONFERENCE.
- Mar 12Pass First ReadingMinor
- Mar 12Referred to JHA, referral sheet 17Minor
- Mar 10Passed Third Reading, as amended (SD 1). Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House.Passed Senate
- Vote recorded Passed Third Reading, as amended (SD 1). Result: pass.Upper
- Mar 10Received from Senate (Sen. Com. No. 356) in amended form (SD 1).Minor
- Mar 6Reported from JDC (Stand. Com. Rep. No. 2889) with recommendation of passage on Second Reading, as amended (SD 1) and placement on the calendar for Third Reading.
- Mar 6Report adopted; Passed Second Reading, as amended (SD 1).Minor
- Mar 648 Hrs. Notice 3-10-26.
- Feb 24The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 4 Aye(s): Senator(s) Rhoads, Chang, San Buenaventura, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Gabbard.Minor
- Vote recorded The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. Result: pass.Upper
- Feb 13The committee(s) on JDC has scheduled a public hearing on 02-24-26 9:45AM; Conference Room 016 & Videoconference.
- Feb 10Re-Referred to JDC.Minor
- Jan 30Referred to PSM, JDC.Minor
- Jan 28Introduced.Minor
- Jan 28Passed First Reading.Minor
- Jan 26Pending Introduction.Introduced
Criminal Justice