Text: SF00205 Text: SF00207 Text: SF00200 - SF00299 Text: SF 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 provided in 1 4 sections 902.13 and 903.7. The division may contract with 1 5 private entities for DNA profiling. "DNA profiling" means the 1 6 procedure established by the division of criminal 1 7 investigation of the department of public safety for 1 8 determining a person's genetic identity through the analysis 1 9 of a person's deoxyribonucleic acid. 1 10 Sec. 2. Section 901.5, subsection 8A, Code 2001, is 1 11 amended to read as follows: 1 12 8A. a. The court shall order DNA profiling, as defined in 1 13 section 80.40, of a defendant convicted ofan offense that1 14requires profiling under section 13.10a felony or order DNA 1 15 profiling if the defendant is convicted of an offense that 1 16 requires DNA profiling under section 903.7. 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 DNA 1 20 profiling if appropriate. In determining the appropriateness 1 21 of ordering the 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. NEW SECTION. 903.7 DNA PROFILING – 2 3 MISDEMEANORS. 2 4 The attorney general, in consultation with the division of 2 5 criminal investigation of the department of public safety, 2 6 shall classify by rule which indictable misdemeanors shall 2 7 require the offender to submit a physical specimen for DNA 2 8 profiling, as defined in section 80.40, upon confinement in or 2 9 prior to release from a county jail, upon commitment to the 2 10 custody of the director of the department of corrections, or 2 11 prior to discharge of sentence, or as a condition of 2 12 probation. Factors to be considered shall include the 2 13 deterrent effect of DNA profiling, the likelihood of repeated 2 14 violations, and the seriousness of the offense. The offenses 2 15 that require the offender to submit a physical specimen for 2 16 DNA profiling shall include but are not limited to a 2 17 misdemeanor violation under section 709.11. The division of 2 18 criminal investigation shall conduct DNA profiling of 2 19 submitted specimens as provided in section 80.40. 2 20 Sec. 5. Section 906.4, unnumbered paragraph 2, Code 2001, 2 21 is amended to read as follows: 2 22Notwithstanding section 13.10, theThe board may order the 2 23 defendant to provide a physical specimen to be submitted for 2 24 DNA profiling, as defined in section 80.40, as a condition of 2 25 parole or work release, if appropriate and if the court has 2 26 not ordered DNA profiling under section 901.5. In determining 2 27 the appropriateness of ordering DNA profiling, the board shall 2 28 consider the deterrent effect of DNA profiling, the likelihood 2 29 of repeated offenses by the defendant, and the seriousness of 2 30 the offense. 2 31 Sec. 6. Section 13.10, Code 2001, is repealed. 2 32 EXPLANATION 2 33 This bill requires certain criminal defendants to submit a 2 34 physical specimen for DNA profiling. "DNA profiling" means a 2 35 procedure for determining a person's genetic identity. 3 1 The bill provides that any person convicted of a felony 3 2 shall submit a physical specimen for DNA profiling. The bill 3 3 requires that a felon submit a physical specimen when confined 3 4 at a correctional institution or assigned to a judicial 3 5 district department of correctional services. The bill and 3 6 current law provide that the division of criminal 3 7 investigation shall conduct the DNA profiling or that the 3 8 division may contract with private entities to conduct the 3 9 profiling. Current law lists offenses that require DNA 3 10 profiling under Code section 13.10. 3 11 The bill also provides that the attorney general, in 3 12 consultation with the division of criminal investigation of 3 13 the department of public safety, may determine the misdemeanor 3 14 offenses that require DNA profiling. The bill and current law 3 15 provide that a person convicted of assault with intent to 3 16 commit sexual abuse, punishable as an aggravated misdemeanor, 3 17 must submit a physical specimen for DNA profiling. 3 18 Current law and the bill also provide that the board of 3 19 parole may require DNA profiling as a condition of parole or 3 20 work release. 3 21 Current law and the bill do not apply to a person receiving 3 22 a deferred judgment. 3 23 LSB 1447XS 79 3 24 jm/gg/8
Text: SF00205 Text: SF00207 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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