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Senate File 2324

Partial Bill History

Bill Text

PAG LIN
  1  1                                           SENATE FILE 2324
  1  2 
  1  3                             AN ACT 
  1  4 RELATING TO DNA PROFILING.  
  1  5 
  1  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  7 
  1  8    Section 1.  Section 13.10, Code 1999, is amended to read as
  1  9 follows:
  1 10    13.10  PHYSICAL CRIMINAL EVIDENCE – DNA PROFILING.
  1 11    1.  The attorney general shall adopt rules in consultation
  1 12 with the division of criminal investigation, department of
  1 13 public safety, for the purpose of classifying felonies and
  1 14 indictable misdemeanors which shall require the offender to
  1 15 submit a physical specimen for DNA profiling upon confinement
  1 16 in or prior to release from a county jail, upon commitment to
  1 17 the custody of the director of the department of corrections
  1 18 or, prior to discharge of sentence or, as a condition of
  1 19 probation, parole, or work release.  Factors to be considered
  1 20 shall include the deterrent effect of DNA profiling, the
  1 21 likelihood of repeated violations, and the seriousness of the
  1 22 offense.  The offenses that require the offender to submit a
  1 23 physical specimen for DNA profiling shall include but are not
  1 24 limited to the following:
  1 25    a.  Murder in violation of section 707.2 or 707.3.
  1 26    b.  Attempt to commit murder in violation of section
  1 27 707.11.
  1 28    c.  Kidnapping in violation of section 710.1, 710.2, or
  1 29 710.3.
  1 30    d.  Sexual abuse in violation of sections 709.2, 709.3, or
  1 31 709.4.
  1 32    e.  Assault with intent to commit sexual abuse in violation
  1 33 of section 709.11.
  1 34    f.  Assault while participating in a felony in violation of
  1 35 section 708.3.
  2  1    g.  Burglary in the first degree in violation of section
  2  2 713.3.
  2  3    2.  Upon appropriation or receipt of sufficient funds, the
  2  4 The division of criminal investigation shall carry out DNA
  2  5 profiling of submitted physical specimens.  The division may
  2  6 contract with private entities for DNA profiling.  "DNA
  2  7 profiling" means the procedure established by the division of
  2  8 criminal investigation, department of public safety, for
  2  9 determining a person's genetic identity.
  2 10    Sec. 2.  Section 901.2, unnumbered paragraph 2, Code
  2 11 Supplement 1999, is amended by striking the unnumbered
  2 12 paragraph.
  2 13    Sec. 3.  Section 901.5, Code 1999, is amended by adding the
  2 14 following new subsection:
  2 15    NEW SUBSECTION.  8A.  a.  The court shall order DNA
  2 16 profiling of a defendant convicted of an offense that requires
  2 17 profiling under section 13.10.
  2 18    b.  Notwithstanding section 13.10, the court may order the
  2 19 defendant to provide a physical specimen to be submitted for
  2 20 DNA profiling if appropriate.  In determining the
  2 21 appropriateness of ordering DNA profiling, the court shall
  2 22 consider the deterrent effect of DNA profiling, the likelihood
  2 23 of repeated offenses by the defendant, and the seriousness of
  2 24 the offense.
  2 25    Sec. 4.  Section 906.4, unnumbered paragraph 2, Code 1999,
  2 26 is amended to read as follows:
  2 27    Notwithstanding section 13.10, the board may determine if
  2 28 the defendant shall be required to provide a physical specimen
  2 29 to be submitted for DNA profiling as a condition of parole or
  2 30 work release.  The board shall consider the deterrent effect
  2 31 of DNA profiling, the likelihood of repeated violations by the
  2 32 offender, and the seriousness of the offense.  When funds have
  2 33 been allocated from the general fund of the state, or funds
  2 34 have been provided by other public or private sources, the
  2 35 board shall order DNA profiling if appropriate.
  3  1 Notwithstanding section 13.10, the board may order the
  3  2 defendant to provide a physical specimen to be submitted for
  3  3 DNA profiling as a condition of parole or work release, if
  3  4 appropriate.  In determining the appropriateness of ordering
  3  5 DNA profiling, the board shall consider the deterrent effect
  3  6 of DNA profiling, the likelihood of repeated offenses by the
  3  7 defendant, and the seriousness of the offense.  
  3  8 
  3  9 
  3 10                                                             
  3 11                               MARY E. KRAMER
  3 12                               President of the Senate
  3 13 
  3 14 
  3 15                                                             
  3 16                               BRENT SIEGRIST
  3 17                               Speaker of the House
  3 18 
  3 19    I hereby certify that this bill originated in the Senate and
  3 20 is known as Senate File 2324, Seventy-eighth General Assembly.
  3 21 
  3 22 
  3 23                                                             
  3 24                               MICHAEL E. MARSHALL
  3 25                               Secretary of the Senate
  3 26 Approved                , 2000
  3 27 
  3 28 
  3 29                               
  3 30 THOMAS J. VILSACK
  3 31 Governor
     
Text: SF02323                           Text: SF02325
Text: SF02300 - SF02399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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