§706-603 DNA analysis monetary assessment; DNA registry special fund. (1) In addition to any disposition authorized by chapter 706 or 853, every defendant convicted of a felony offense shall be ordered to pay a monetary assessment of $500 or the actual cost of the DNA analysis, whichever is less. The court may reduce the monetary assessment if the court finds, based on evidence presented by the defendant and not rebutted by the State, that the defendant is not and will not be able to pay the full monetary assessment and, based on the finding, shall instead order the defendant to pay an assessment that the defendant will be able to pay within five years. (2) Notwithstanding any other law to the contrary, the assessment and penalty provided by this section shall be in addition to, and not in lieu of, and shall not be used to offset or reduce, any fine or restitution authorized or required by law. All assessments and penalties shall be paid into the DNA registry special fund established in subsection (3). (3) There is established a special fund to be known as the DNA registry special fund which shall be administered by the attorney general. The fund shall consist of: (a) All assessments and penalties ordered pursuant to subsection (1); (b) All other moneys received by the fund from any other source; and (c) Interest earned on any moneys in the fund. Moneys in the DNA registry special fund shall be used for the Hawaii sexual assault response and training program established pursuant to chapter 844G; costs related to testing and storage of sexual assault evidence collection kits pursuant to chapter 844G; and DNA collection, DNA testing, and related costs of recording, preserving, and disseminating DNA information pursuant to chapter 844D. (4) Restitution shall be made before payment of the monetary assessment pursuant to section 706-651. [L 1972, c 9, pt of §1; am L 1973, c 179, §24; am L 1974, c 54, §4; am L 1979, c 3, §4 and c 105, §65; am L 1980, c 232, §37; am L 1986, c 314, §12; am L 1987, c 145, §4; am L 1991, c 231, §2; am L 1998, c 271, §1; am L 2001, c 157, §35; am L 2005, c 112, §4; am L 2016, c 231, §16; am L 2018, c 113, §3]
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