Text: HF02200 Text: HF02202 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2201 1 2 1 3 AN ACT 1 4 REQUIRING ALL FELONS TO SUBMIT A PHYSICAL SPECIMEN FOR DNA 1 5 PROFILING, AND PROVIDING A CONTINGENT EFFECTIVE DATE. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. NEW SECTION. 80.40 DNA PROFILING. 1 10 The division of criminal investigation shall conduct DNA 1 11 profiling of submitted physical specimens as ordered under 1 12 section 901.5 or 906.4. The division of criminal 1 13 investigation may contract with private entities for DNA 1 14 profiling. "DNA profiling" means the procedure established by 1 15 the division of criminal investigation for determining a 1 16 person's genetic identity through the analysis of a person's 1 17 deoxyribonucleic acid. The division of criminal investigation 1 18 shall share the DNA profiling information with the appropriate 1 19 federal agencies for use in a national database. 1 20 Sec. 2. Section 901.5, subsection 8A, Code Supplement 1 21 2001, is amended to read as follows: 1 22 8A. a.ThePursuant to section 902.13, the court shall 1 23 order DNA profiling, as defined in section 80.40, of a 1 24 defendant convicted ofan offense that requires profiling1 25under section 13.10a felony or of a defendant convicted of an 1 26 aggravated misdemeanor pursuant to section 709.11. 1 27 b.Notwithstanding section 13.10, theThe court may order 1 28thea defendant not subject to DNA profiling under paragraph 1 29 "a" to provide a physical specimen to be submitted for the DNA 1 30 profiling if appropriate. In determining the appropriateness 1 31 of ordering DNA profiling, the court shall consider the 1 32 deterrent effect of DNA profiling, the likelihood of repeated 1 33 offenses by the defendant, and the seriousness of the offense. 1 34 Sec. 3. NEW SECTION. 902.13 DNA PROFILING FELONIES. 1 35 A person against whom a judgment of conviction for a felony 2 1 has been entered shall submit a physical specimen for DNA 2 2 profiling, as defined in section 80.40, after the person has 2 3 been committed to the custody of the director of the 2 4 department of corrections or upon assignment to a judicial 2 5 district department of correctional services. If the person 2 6 is confined in a county jail as a result of a felony 2 7 conviction under section 321J.2, the person shall submit a 2 8 physical specimen for DNA profiling prior to release from the 2 9 county jail. The division of criminal investigation of the 2 10 department of public safety shall conduct DNA profiling of 2 11 submitted specimens as provided in section 80.40. 2 12 Sec. 4. Section 906.4, unnumbered paragraph 2, Code 2001, 2 13 is amended to read as follows: 2 14Notwithstanding section 13.10, theThe boardmayshall 2 15 order the defendant to provide a physical specimen to be 2 16 submitted for DNA profiling, as defined in section 80.40, as a 2 17 condition of parole or work release,if appropriate. In2 18determining the appropriateness of ordering DNA profiling, the2 19board shall consider the deterrent effect of DNA profiling,2 20the likelihood of repeated offenses by the defendant, and the2 21seriousness of the offenseunless the defendant has previously 2 22 provided a physical specimen for DNA profiling pursuant to 2 23 section 901.5 or 902.13 and the DNA profile developed from the 2 24 previously submitted specimen remains available for use. 2 25 Sec. 5. Section 13.10, Code 2001, is repealed. 2 26 Sec. 6. CONTINGENT EFFECTIVE DATE. The effective date of 2 27 this Act shall be the later of July 1, 2002, or on the date 2 28 when sufficient funds have been appropriated or are first 2 29 received to pay the costs of complying with this Act. The 2 30 commissioner of public safety shall notify the Code editor 2 31 when sufficient funds have been appropriated or are first 2 32 received to pay the costs of complying with this Act. The 2 33 department of public safety, the department of corrections, 2 34 and the counties shall comply with section 13.10 until the 2 35 effective date of this Act. 3 1 3 2 3 3 3 4 BRENT SIEGRIST 3 5 Speaker of the House 3 6 3 7 3 8 3 9 MARY E. KRAMER 3 10 President of the Senate 3 11 3 12 I hereby certify that this bill originated in the House and 3 13 is known as House File 2201, Seventy-ninth General Assembly. 3 14 3 15 3 16 3 17 MARGARET THOMSON 3 18 Chief Clerk of the House 3 19 Approved , 2002 3 20 3 21 3 22 3 23 THOMAS J. VILSACK 3 24 Governor
Text: HF02200 Text: HF02202 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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