Text: HSB00570                          Text: HSB00572
Text: HSB00500 - HSB00599               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 571

Bill Text

PAG LIN
  1  1    Section 1.  Section 13.10, Code 1999, is amended to read as
  1  2 follows:
  1  3    13.10  PHYSICAL CRIMINAL EVIDENCE – DNA PROFILING.
  1  4    The attorney general shall adopt rules in consultation with
  1  5 the division of criminal investigation, department of public
  1  6 safety, for the purpose of classifying felonies and indictable
  1  7 misdemeanors which shall require the offender to submit a
  1  8 physical specimen for DNA profiling upon confinement in a
  1  9 county jail, upon commitment to the director of the department
  1 10 of corrections or, as a condition of probation, parole, or
  1 11 work release.  Factors to be considered shall include the
  1 12 deterrent effect of DNA profiling, the likelihood of repeated
  1 13 violations, and the seriousness of the offense.
  1 14    Upon appropriation or receipt of sufficient funds, the The
  1 15 division of criminal investigation shall carry out DNA
  1 16 profiling of submitted physical specimens.  The division may
  1 17 contract with private entities for DNA profiling.  "DNA
  1 18 profiling" means the procedure established by the division of
  1 19 criminal investigation, department of public safety, for
  1 20 determining a person's genetic identity.
  1 21    Sec. 2.  Section 901.2, unnumbered paragraph 2, Code
  1 22 Supplement 1999, is amended by striking the unnumbered
  1 23 paragraph.
  1 24    Sec. 3.  Section 901.5, Code 1999, is amended by adding the
  1 25 following new subsection:
  1 26    NEW SUBSECTION.  8A.  a.  The court shall order DNA
  1 27 profiling of a defendant convicted of an offense that requires
  1 28 profiling under section 13.10.
  1 29    b.  Notwithstanding section 13.10, the court may order the
  1 30 defendant to provide a physical specimen to be submitted for
  1 31 DNA profiling if appropriate.  In determining the
  1 32 appropriateness of ordering DNA profiling, the court shall
  1 33 consider the deterrent effect of DNA profiling, the likelihood
  1 34 of repeated offenses by the defendant, and the seriousness of
  1 35 the offense.
  2  1    Sec. 4.  Section 906.4, unnumbered paragraph 2, Code 1999,
  2  2 is amended to read as follows:
  2  3    Notwithstanding section 13.10, the board may determine if
  2  4 the defendant shall be required to provide a physical specimen
  2  5 to be submitted for DNA profiling as a condition of parole or
  2  6 work release.  The board shall consider the deterrent effect
  2  7 of DNA profiling, the likelihood of repeated violations by the
  2  8 offender, and the seriousness of the offense.  When funds have
  2  9 been allocated from the general fund of the state, or funds
  2 10 have been provided by other public or private sources, the The
  2 11 board shall order DNA profiling if appropriate as a condition
  2 12 of parole or work release, if the court has not ordered DNA
  2 13 profiling under section 901.5, and if the offense requires
  2 14 profiling under section 13.10.  Notwithstanding section 13.10,
  2 15 the board may order the defendant to provide a physical
  2 16 specimen to be submitted for DNA profiling as a condition of
  2 17 parole or work release, if appropriate.  In determining the
  2 18 appropriateness of ordering DNA profiling, the board shall
  2 19 consider the deterrent effect of DNA profiling, the likelihood
  2 20 of repeated offenses by the defendant, and the seriousness of
  2 21 the offense.  
  2 22                           EXPLANATION
  2 23    This bill relates to DNA testing of certain criminal
  2 24 defendants.  The bill provides that a defendant shall be
  2 25 ordered by the court to submit to a DNA test upon confinement
  2 26 in a county jail or prison if the defendant was convicted of
  2 27 an offense that requires testing as determined by the attorney
  2 28 general.  Existing law limits DNA testing as a condition of
  2 29 probation, parole, or work release.  However, existing law
  2 30 provides that the court or parole board may order DNA testing
  2 31 of any defendant, if the test is deemed appropriate.
  2 32    The bill also requires the court or parole board to order
  2 33 DNA testing if the defendant was convicted of an offense
  2 34 requiring DNA testing.  Existing law permits the court or
  2 35 parole board to order DNA testing if sufficient funds are
  3  1 available for testing.  
  3  2 LSB 5105DP 78
  3  3 jm/as/5
     

Text: HSB00570                          Text: HSB00572
Text: HSB00500 - HSB00599               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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