Hawaii
Hawaii has no forensic science commission and no general lab accreditation statute; only labs contributing to the state DNA database must be accredited. The Department of Health licenses blood-alcohol labs, and its rules require breath test operators and supervisors to hold licenses issued by police chiefs or the Department. Since September 1, 2026, post-conviction biological evidence must be kept only in listed serious cases where identity was contested, and custodians may dispose of it early after a court motion or an unopposed notice filed with the court. Since June 25, 2025, red-light and speed cameras may not use facial recognition.
- Sources checked
- Part of
- Forensic Ledger
At a glance
- Oversight body
- No forensic science commission or statewide crime lab oversight body was found. The “department” that manages the state DNA database is “the police department of the city and county of Honolulu” (HRS 844D-1, 844D-2), and labs that contribute profiles must send it their yearly accreditation reports (844D-54). The Department of Health runs the statewide program for chemical testing of alcohol and drug content, including personnel qualifications (HRS 321-161).
- Lab accreditation
- Partial. “All laboratories contributing DNA profiles for inclusion in the state DNA data bank and database shall be accredited by” ASCLD/LAB or a body approved by the FBI Director (HRS 844D-54, 2005). Blood-alcohol labs must hold an alcohol testing laboratory license from the Director of Health; a licensed lab must be in Hawaii, be a licensed clinical lab, have a qualified supervisor and a quality assurance program, and take part in proficiency testing (HAR 11-114-18, 11-114-21). That is a license, not accreditation, and it covers alcohol only. No general crime lab accreditation statute.
- Analyst licensing
- None for forensic analysts generally. For DUI testing, the Department of Health sets “the qualifications of personnel who administer chemical tests” (HRS 321-161(a)(1)). Under HAR chapter 11-114, breath test operators and supervisors must hold licenses, and blood-alcohol analysts and supervisors must meet Department qualifications (11-114-9, -10, -14, -15, -19, -20). The rules took effect December 30, 1993, and the Department lists no later amendment.
- Admissibility standard
- HRE 702 (HRS 626-1, Rule 702) uses the federal-style text plus a 1992 sentence that “the court may consider the trustworthiness and validity of the scientific technique or mode of analysis.” The commentary cites State v. Montalbo, 73 Haw. 130, 828 P.2d 1274 (1992): the reliability inquiry may include the Frye test but is not limited to it, and general acceptance “should not be used as an exclusive threshold.” Hawaii has not adopted the 2023 change to Federal Rule 702.
- Post-conviction forensic relief
- No. HRS 844D-121 to -133 allow post-conviction DNA testing motions “at any time.” No statute addresses new or changed scientific evidence generally.
- DNA database scope
- Conviction-based. Samples are taken from adults convicted of any felony, including on a deferred plea, or found not guilty of a felony by reason of insanity, and from sex offense registrants (HRS 844D-31, -39, -40). Juveniles are excluded. No arrestee collection.
- Facial recognition
- Narrow ban only. Since June 25, 2025, red-light camera systems (HRS 291J-5.5) and automated speed enforcement systems (HRS 291L-4.5) may not “use or be equipped with facial recognition software or biometric identification technology.” No statute governs police facial recognition generally; SB 2049 (2026), which would have limited police biometric surveillance, did not pass.
Changes, 2023 to 2026
Post-conviction biological evidence retention narrowed; court procedure for early disposal added
Before, any evidence held by police, a prosecutor, a lab or a court that “may contain biological evidence that could be used for DNA analysis” in a case ending in conviction had to be kept at least until the later of the end of all appeals or completion of the sentence, and the attorney general had to set statewide collection and preservation procedures. Now the duty applies only when (1) the defendant’s identity as the perpetrator was a “contested issue in the case,” a new defined term; (2) the conviction is for murder, manslaughter, kidnapping, first- or second-degree sexual assault, first-degree assault, or an attempt or conspiracy to commit one; and (3) the evidence “could reasonably be determined to contain biological evidence” usable for DNA identification. A custodian may dispose of covered evidence early in two ways: the court grants a prosecution motion heard at or after sentencing, or a notice of proposed disposal is filed with the court and served, and the defendant files no objection within 90 days. If the defendant objects, the court holds a hearing. The court may allow disposal if, by a preponderance, identity was not contested or the evidence holds no usable biological material. A court may order retention in any felony case where biological evidence exists and could reasonably be material to identity. The attorney general procedures subsection was deleted. For DNA testing motions (844D-121), the evidence must now “contain” biological evidence; before, it was enough that it “may contain” it.
For practitioners: Calendar the 90-day objection period on any disposal notice. Where identity is disputed but the offense is not listed, move for a retention order early. The online HRS 844D-1 did not yet show the new text when checked.
Facial recognition barred in red-light and speed cameras
No photo red light imaging detector system and no automated speed enforcement system “shall use or be equipped with facial recognition software or biometric identification technology.” Automated license plate readers and non-biometric technology used to verify a vehicle’s identity or registration, or to photograph a violation, are exempt. “Biometric identification” includes recognition of facial features, iris and retinal scans, fingerprints and voice patterns. The act also set a $5 safe-routes-to-school vehicle registration surcharge.
For practitioners: The ban reaches automated traffic enforcement only. Police investigative use of facial recognition is not regulated by statute.
DUI toxicology lab special fund widened, with appropriations
The act dropped “state” from the name of the drug and alcohol toxicology testing laboratory and its special fund (HRS 291E-8). The fund may be spent by the Department of Transportation or granted to the emergency services department of a county of 500,000 or more “to support a drug and alcohol toxicology testing laboratory,” and state highway fund money may help maintain such a lab. It appropriated $2,000,000 for fiscal 2023–24 and $400,000 for fiscal 2024–25 into and out of the fund to establish and maintain the lab, with reports due before the 2025 and 2026 sessions. The repeal date of the fund and related DUI provisions moved from June 30, 2026 to June 30, 2028.
For practitioners: Whether the lab is operating was not confirmed. The findings of Act 146 of 2025 state that Hawaii has no in-state labs that test blood for drugs, so ask where a DUI drug sample was analyzed.
Pending bills
No bill on these topics is pending. Measures that did not become law:
- HB 1746 (2026), a Rapid DNA investigative lead program in the Honolulu police department. No action after referral on January 26, 2026 (HB 1746).
- SB 2049 (2026) would have barred police use of “biometric surveillance technology,” including facial recognition, except on reasonable suspicion, a warrant or an emergency. No action after referral on January 22, 2026 (SB 2049).
- SB 2715 (2026), the “DNA Match Notification, Tracking, and Accountability Act.” No action after referral on January 28, 2026 (SB 2715).
- SB 318 (2025), on consumer genetic data, including whether it may be used for investigative genetic genealogy, was deferred in committee on January 28, 2025, with no 2026 action (SB 318).
- SB 228 (2025), barring “excited delirium” as a diagnosis or cause of death, passed the House in April 2025 and went to conference; all conferees were discharged in March and April 2026 (SB 228).
Checked and unchanged
- HRE 702: last amended in 1992 (L 1992, c 191). The only 2023 to 2026 change to HRS 626-1 was L 2023, c 84, on the victim counselor privilege.
- HRS 844D-31 (DNA collection scope) and 844D-54 (lab accreditation): not amended since 2006 and 2005.
- HRS 321-161 (Department of Health chemical testing program): last amended in 2001 (L 2001, c 157). HAR chapter 11-114 (alcohol testing of blood, breath and other substances): effective December 30, 1993; the Department lists no later amendment.
- All 2023 to 2025 session laws and all 2026 Governor’s messages were searched. No act on investigative genetic genealogy, Rapid DNA, digital forensics or machine-generated evidence was found. Hawaii Rules of Penal Procedure amendments were not reviewed.
Last updated October 20, 2026Source: United States Council for Law & InvestigationCite as: United States Council for Law & Investigation, “Hawaii forensic science oversight: Forensic Ledger,” uscli.org/forensic-science-tracker/hawaii (last updated October 20, 2026). Text licensed CC BY 4.0.