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House File 2201

Partial Bill History

Bill Introduced: H.J. 228
Committee Report Issued: S.J. 621
Passed House: H.J. 307 H.J. 1011
Passed Senate: S.J. 787
Signed by Governor: H.J. 1209
Complete Bill History

Bill Text

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.  The Pursuant to section 902.13, the court shall
  1 23 order DNA profiling, as defined in section 80.40, of a
  1 24 defendant convicted of an offense that requires profiling
  1 25 under section 13.10 a felony or of a defendant convicted of an
  1 26 aggravated misdemeanor pursuant to section 709.11.
  1 27    b.  Notwithstanding section 13.10, the The court may order
  1 28 the a 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 14    Notwithstanding section 13.10, the The board may shall
  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.  In
  2 18 determining the appropriateness of ordering DNA profiling, the
  2 19 board shall consider the deterrent effect of DNA profiling,
  2 20 the likelihood of repeated offenses by the defendant, and the
  2 21 seriousness of the offense unless 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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