Senate File 86 - Introduced SENATE FILE 86 BY KINNEY A BILL FOR An Act relating to providing and expunging a DNA sample in 1 criminal proceedings involving a person arrested for a 2 felony. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1101XS (8) 87 jm/rj/rh

S.F. 86 Section 1. Section 81.1, subsection 9, Code 2017, is amended 1 to read as follows: 2 9. “Person required to submit a DNA sample” means a person 3 arrested, convicted, adjudicated delinquent, receiving a 4 deferred judgment, or found not guilty by reason of insanity 5 of an offense requiring DNA profiling pursuant to section 6 81.2 . “Person required to submit a DNA sample” also means a 7 person determined to be a sexually violent predator pursuant 8 to section 229A.7 . 9 Sec. 2. Section 81.2, Code 2017, is amended by adding the 10 following new subsection: 11 NEW SUBSECTION . 01. A person who is arrested for a felony 12 shall be required to submit a DNA sample for DNA profiling 13 pursuant to section 81.4, upon a finding of probable cause 14 pursuant to section 81.2A. 15 Sec. 3. NEW SECTION . 81.2A Persons arrested for a felony 16 required to submit a DNA sample —— finding of probable cause. 17 A person who is arrested for a felony shall be required to 18 submit a DNA sample for DNA profiling pursuant section 81.4 19 upon a finding by a magistrate that probable cause exists for 20 the arrest. 21 Sec. 4. Section 81.4, subsection 2, Code 2017, is amended 22 to read as follows: 23 2. A supervising agency having control, custody, or 24 jurisdiction over a person shall collect a DNA sample from a 25 person required to submit a DNA sample. The supervising agency 26 of a person required to submit a DNA sample shall collect a 27 DNA sample, upon admittance to the pertinent institution or 28 facility, of the person required to submit a DNA sample or upon 29 a finding of probable cause pursuant to section 81.2A, or at a 30 determined date and time set by the supervising agency. If a 31 person required to submit a DNA sample is confined at the time 32 a DNA sample is required, the person shall submit a DNA sample 33 as soon as practicable. If a person required to submit a DNA 34 sample is not confined after the person is required to submit a 35 -1- LSB 1101XS (8) 87 jm/rj/rh 1/ 3

S.F. 86 DNA sample, the supervising agency shall determine the date and 1 time to collect the DNA sample. 2 Sec. 5. Section 81.9, subsections 1 and 2, Code 2017, are 3 amended to read as follows: 4 1. A person whose DNA record has been included in the DNA 5 database or DNA data bank established pursuant to section 6 81.3 may request, in writing to the division of criminal 7 investigation, expungement of the DNA record from the DNA 8 database and DNA data bank based upon the person’s conviction, 9 adjudication, or civil commitment which caused the submission 10 of the DNA sample being reversed on appeal and the case 11 dismissed , or upon the person’s arrest for a felony not leading 12 to the conviction of any offense . The written request shall 13 contain a certified copy of the final court order reversing the 14 conviction, adjudication, or civil commitment, and a certified 15 copy of the dismissal, and any other information necessary to 16 ascertain the validity of the request. 17 2. The division of criminal investigation, upon receipt of a 18 written request that validates reversal on appeal of a person’s 19 conviction, adjudication, or commitment, and subsequent 20 dismissal of the case the request for expungement under 21 subsection 1 , or upon receipt of a written request by a person 22 who voluntarily submitted a DNA sample pursuant to section 23 81.3, subsection 3 , paragraph “b” , shall expunge all of the 24 DNA records and identifiable information of the person in the 25 DNA database and DNA data bank. However, if the division of 26 criminal investigation determines that the person is otherwise 27 obligated to submit a DNA sample, the DNA records shall not be 28 expunged. If the division of criminal investigation denies 29 an expungement request, the division shall notify the person 30 requesting the expungement of the decision not to expunge 31 the DNA record and the reason supporting its decision. The 32 division of criminal investigation decision is subject to 33 judicial review pursuant to chapter 17A . The department of 34 public safety shall adopt rules governing the expungement 35 -2- LSB 1101XS (8) 87 jm/rj/rh 2/ 3

S.F. 86 procedure and a review process. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill relates to providing and expunging a DNA sample in 5 criminal proceedings involving a person arrested for a felony. 6 Current law requires a person convicted of a felony or 7 certain aggravated misdemeanors to submit a DNA sample for DNA 8 profiling. The bill requires a person arrested for a felony 9 to submit a DNA sample for DNA profiling, upon a finding by a 10 magistrate that probable cause exists for the arrest. 11 The bill requires the supervising agency with jurisdiction 12 over a person arrested for a felony to collect the DNA sample 13 after a finding of probable cause. 14 The bill allows a person arrested for a felony to expunge 15 the DNA record from the DNA database and DNA data bank if the 16 person’s felony arrest does not lead to the conviction of any 17 offense. 18 -3- LSB 1101XS (8) 87 jm/rj/rh 3/ 3