Text: HF02076                           Text: HF02078
Text: HF02000 - HF02099                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 2077

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  80.40  DNA PROFILING.
  1  2    The division of criminal investigation shall conduct DNA
  1  3 profiling of submitted physical specimens as ordered under
  1  4 section 901.5 or 906.4.  The division of criminal
  1  5 investigation may contract with private entities for DNA
  1  6 profiling.  "DNA profiling" means the procedure established by
  1  7 the division of criminal investigation for determining a
  1  8 person's genetic identity through the analysis of a person's
  1  9 deoxyribonucleic acid.
  1 10    Sec. 2.  Section 901.5, subsection 8A, Code Supplement
  1 11 2001, is amended to read as follows:
  1 12    8A.  a.  The Pursuant to section 902.13, the court shall
  1 13 order DNA profiling, as defined in section 80.40, of a
  1 14 defendant convicted of an offense that requires profiling
  1 15 under section 13.10 a felony or of a defendant convicted of an
  1 16 aggravated misdemeanor pursuant to section 709.11.
  1 17    b.  Notwithstanding section 13.10, the The court may order
  1 18 the a defendant not subject to DNA profiling under paragraph
  1 19 "a" to provide a physical specimen to be submitted for the DNA
  1 20 profiling if appropriate.  In determining the appropriateness
  1 21 of ordering DNA profiling, the court shall consider the
  1 22 deterrent effect of DNA profiling, the likelihood of repeated
  1 23 offenses by the defendant, and the seriousness of the offense.
  1 24    Sec. 3.  NEW SECTION.  902.13  DNA PROFILING – FELONIES.
  1 25    A person against whom a judgment of conviction for a felony
  1 26 has been entered shall submit a physical specimen for DNA
  1 27 profiling, as defined in section 80.40, after the person has
  1 28 been committed to the custody of the director of the
  1 29 department of corrections or upon assignment to a judicial
  1 30 district department of correctional services.  If the person
  1 31 is confined in a county jail as a result of a felony
  1 32 conviction under section 321J.2, the person shall submit a
  1 33 physical specimen for DNA profiling prior to release from the
  1 34 county jail.  The division of criminal investigation of the
  1 35 department of public safety shall conduct DNA profiling of
  2  1 submitted specimens as provided in section 80.40.
  2  2    Sec. 4.  Section 906.4, unnumbered paragraph 2, Code 2001,
  2  3 is amended to read as follows:
  2  4    Notwithstanding section 13.10, the The board may order the
  2  5 defendant to provide a physical specimen to be submitted for
  2  6 DNA profiling, as defined in section 80.40, as a condition of
  2  7 parole or work release, if appropriate and if the court has
  2  8 not previously ordered DNA profiling under section 901.5.  In
  2  9 determining the appropriateness of ordering DNA profiling, the
  2 10 board shall consider the deterrent effect of DNA profiling,
  2 11 the likelihood of repeated offenses by the defendant, and the
  2 12 seriousness of the offense.
  2 13    Sec. 5.  Section 13.10, Code 2001, is repealed.  
  2 14                           EXPLANATION
  2 15    This bill requires all felons to submit a physical specimen
  2 16 for DNA profiling.  "DNA profiling" means a procedure for
  2 17 determining a person's genetic identity.
  2 18    The bill provides that any person convicted of a felony
  2 19 shall submit a physical specimen for DNA profiling.  The bill
  2 20 requires that a felon submit a physical specimen when confined
  2 21 at a correctional institution or assigned to a judicial
  2 22 district department of correctional services.  The bill and
  2 23 current law provide that the division of criminal
  2 24 investigation shall conduct the DNA profiling or that the
  2 25 division may contract with private entities to conduct the
  2 26 profiling.  Current law lists offenses that require DNA
  2 27 profiling under Code section 13.10.
  2 28    The bill and current law also provide that a person
  2 29 convicted of assault with intent to commit sexual abuse,
  2 30 punishable as an aggravated misdemeanor, must submit a
  2 31 physical specimen for DNA profiling.
  2 32    Current law and the bill provide that the court may order a
  2 33 misdemeanant to submit a physical specimen for DNA profiling.
  2 34 In determining whether to order DNA profiling the court shall
  2 35 consider the deterrent effect, the likelihood of repeat
  3  1 offenses, and the seriousness of the crime.
  3  2    Current law and the bill also provide that the board of
  3  3 parole may require DNA profiling as a condition of parole or
  3  4 work release.
  3  5    Current law and the bill do not apply to a person receiving
  3  6 a deferred judgment.  
  3  7 LSB 5430YH 79
  3  8 jm/sh/8
     

Text: HF02076                           Text: HF02078
Text: HF02000 - HF02099                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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