Text: HF02076 Text: HF02078 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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.ThePursuant to section 902.13, the court shall 1 13 order DNA profiling, as defined in section 80.40, of a 1 14 defendant convicted ofan offense that requires profiling1 15under section 13.10a felony or of a defendant convicted of an 1 16 aggravated misdemeanor pursuant to section 709.11. 1 17 b.Notwithstanding section 13.10, theThe court may order 1 18thea 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 4Notwithstanding section 13.10, theThe 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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