Hawaii’s police departments will likely be required to take action on hundreds of rape kits that have sat in storage facilities for years, as well as new rape kits, after key lawmakers Friday agreed to an amended version of House Bill 1907.
The bill gained traction after the Honolulu Police Department revealed in February that it had 1,500 untested kits that contain forensic evidence from rape victims. The untested kits, which could help solve crimes and catch serial rapists, date back more than a decade.
HB 1907 went through various iterations this year. Amid pressure from county prosecutors and police departments, lawmakers watered down the bill earlier this year so that it would only require the attorney general’s office to file a report on untested sexual assault kits and lay out strategies for moving forward on testing. Requirements that police departments actually test the kits were stripped from the bill.
The amendments frustrated rape victim advocates, and this week lawmakers reached a compromise.
HB 1907 would now require the attorney general’s office to file a report with the Legislature by the end of the year. The report would include the number of untested rape kits statewide, plans to reduce the number, procedures for notifying victims and anticipated testing costs. The bill also would require the report to include criteria for choosing which untested kits should be processed and criteria for testing newly submitted rape kits.
Beginning July 1, 2017, law enforcement agencies would be required to test all new kits that fit the criteria. And by July 1, 2018, they would be required to test all the stored kits that fit the criteria.
Advocates for rape victims who have pushed for testing all rape kits said Friday that they are happy with the bill but concerned that the attorney general’s office would make the testing criteria too restrictive.
Kata Issari, executive director of the Hawaii branch of the Joyful Heart Foundation, a national organization that for years has been pushing for the testing backlogged rape kits, said that she supported the amended bill.
“We are very supportive of this version of the bill and so much appreciative that legislators have moved this forward,” she said. “It has everything in it.”
Still, she said that “there is a lot riding on the shoulders of the AG’s office” in regard to how aggressive the criteria will be for testing rape kits.
Law enforcement agencies had cited a number of reasons in past weeks for holding off on requiring tests. They said the testing could re-traumatize victims, that they lacked funds to process all the kits and that it might not be necessary to test all of the kits.
The bill also provides $500,000 for this upcoming fiscal year to test at least 500 kits.
The measure was among dozens lawmakers were feverishly debating this week in conference committees as a Friday deadline approached for reaching joint House and Senate agreements. Most of the bills that survived the deadline face full votes in the House or Senate next week before they can be sent to Gov. David Ige. The legislative session ends Thursday.
HB 1046, which passed out of conference committee Friday, would require the state to pay those who are exonerated of crimes $50,000 for each year they were incarcerated. Hawaii is among 20 states that don’t provide any compensation for people who have been convicted and incarcerated for crimes they didn’t commit.
Not making it this year was a bill to regulate police cameras and a bill to create a standards and training board for law enforcement officials.
Also shelved was a bill backed by Ige that would have expedited the relocation of Oahu Community Correctional Center, the isle’s largest jail, which for years has suffered from severe overcrowding, to the grounds of Halawa Correctional Facility. The bill, part of the governor’s legislative package, was a priority for the administration.
In an email, Jodi Leong, a spokeswoman for the governor, said, “The governor will comment on this bill and others once the session is compete, the dust has settled and he has a clearer picture of the situation.”