Text: SF00228                           Text: SF00230
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Senate File 229

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 13B.4, subsection 1, Code 2001, is
  1  2 amended to read as follows:
  1  3    1.  The state public defender shall coordinate the
  1  4 provision of legal representation of all indigents under
  1  5 arrest or charged with a crime, seeking postconviction relief,
  1  6 against whom a contempt action is pending, in proceedings
  1  7 under chapter 229A, on appeal in criminal cases, on appeal in
  1  8 proceedings to obtain postconviction relief when ordered to do
  1  9 so by the district court in which the judgment or order was
  1 10 issued, in applications under chapter 822A, and on a reopening
  1 11 of a sentence proceeding, and may provide for the
  1 12 representation of indigents in proceedings instituted pursuant
  1 13 to chapter 908.  The state public defender shall not engage in
  1 14 the private practice of law.
  1 15    Sec. 2.  Section 815.9, subsection 1, unnumbered paragraph
  1 16 1, Code 2001, is amended to read as follows:
  1 17    For purposes of this chapter, chapter 13B, chapter 229A,
  1 18 chapter 232, chapter 665, chapter 814, chapter 822, chapter
  1 19 822A, and the rules of criminal procedure, a person is
  1 20 indigent if the person is entitled to an attorney appointed by
  1 21 the court as follows:
  1 22    Sec. 3.  Section 815.11, Code 2001, is amended to read as
  1 23 follows:
  1 24    815.11  APPROPRIATIONS FOR INDIGENT DEFENSE.
  1 25    Costs incurred under chapter 229A, 665, or 822, or 822A, or
  1 26 section 232.141, subsection 3, paragraph "c", or sections
  1 27 814.9, 814.10, 814.11, 815.4, 815.5, 815.6, 815.7, and 815.10,
  1 28 or the rules of criminal procedure on behalf of an indigent
  1 29 shall be paid from funds appropriated by the general assembly
  1 30 to the office of the state public defender in the department
  1 31 of inspections and appeals for those purposes.
  1 32    Sec. 4.  NEW SECTION.  822A.1  APPLICATION FOR FINGERPRINT
  1 33 TESTING OR DNA PROFILING.
  1 34    1.  Application contents.  Notwithstanding chapter 822, a
  1 35 person may file an application in the county where the person
  2  1 was convicted, for the performance of fingerprint testing or
  2  2 DNA profiling of evidence that was secured in the criminal
  2  3 proceedings against the applicant but was not tested.  The
  2  4 application shall identify the proceedings in which the
  2  5 applicant was convicted, give the date of the entry of the
  2  6 judgment of conviction or sentence complained of, specifically
  2  7 set forth the grounds upon which the application is based, and
  2  8 clearly state the relief desired.  Facts within the personal
  2  9 knowledge of the applicant shall be set forth separately from
  2 10 other allegations of facts and shall be verified.  Affidavits,
  2 11 records, or other evidence supporting the allegations shall be
  2 12 attached to the application or the application shall recite
  2 13 why they are not attached.  The application shall identify all
  2 14 previous proceedings, together with the grounds therein
  2 15 asserted, taken by the applicant to secure relief from the
  2 16 conviction or sentence.  Argument, citations, and discussion
  2 17 of authorities are unnecessary.  If the court determines that
  2 18 the application is sufficient as to form, the court shall set
  2 19 a hearing on the application.  The court may dismiss the
  2 20 application, without hearing, if the court determines the
  2 21 application is deficient on its face.  The application must
  2 22 allege the following:
  2 23    a.  That fingerprint testing or DNA profiling was not
  2 24 obtainable because testing was not available at the time of
  2 25 the criminal proceedings.
  2 26    b.  The identity of the applicant was an issue in the
  2 27 proceedings.
  2 28    c.  A sufficient chain of custody of the evidence can be
  2 29 established in accordance with the Iowa rules of evidence.
  2 30    d.  The integrity of the evidence can be preserved for
  2 31 further testing or profiling and the result of testing or
  2 32 profiling of the evidence has the potential to produce
  2 33 material facts not previously presented and heard that would
  2 34 require vacation of the conviction or sentence in the interest
  2 35 of justice.
  3  1    2.  Hearing on the application.  If the applicant proves
  3  2 the allegations contained in the application by a
  3  3 preponderance of the evidence, the court shall order the
  3  4 testing or profiling and set a hearing after completion of the
  3  5 testing or profiling.
  3  6    3.  Hearing on the test results.  If the applicant proves
  3  7 beyond a reasonable doubt that the test results or profiling
  3  8 prove the applicant's innocence or create reasonable doubt in
  3  9 the former proceedings, the court shall enter an appropriate
  3 10 order with respect to the conviction or sentence in the former
  3 11 proceedings, and any supplementary orders as to rearraignment,
  3 12 retrial, custody, bail, discharge, or other matters that may
  3 13 be necessary and proper.  The court shall make specific
  3 14 findings of fact, and state express conclusions of law,
  3 15 relating to each issue presented.  This order is a final
  3 16 judgment.
  3 17    4.  A transcript of the hearing in subsection 2 or 3 and
  3 18 transcripts of all other proceedings shall be made and
  3 19 preserved.  All rules and statutes applicable in civil
  3 20 proceedings, including pretrial and discovery procedures, are
  3 21 available to the parties.  The court may receive proof of
  3 22 affidavits, depositions, oral testimony, or other evidence,
  3 23 and may order the applicant brought before it for the hearing.
  3 24 If the applicant is unable to pay for the testing, or court,
  3 25 stenographic, and printing costs, these costs shall be made
  3 26 available to the applicant in the trial court and on appeal.
  3 27    5.  The county attorney for the county that prosecuted the
  3 28 defendant shall represent the state on an application filed
  3 29 under this chapter.  The attorney general may represent the
  3 30 state, if requested by the county attorney and if the attorney
  3 31 general consents to the representation.
  3 32    6.  An appeal from a final judgment entered under this
  3 33 chapter may be taken, perfected, and prosecuted either by the
  3 34 applicant or by the state in the manner and within the time
  3 35 after judgment as provided in the rules of appellate procedure
  4  1 for appeals from final judgments in criminal cases.
  4  2    Sec. 5.  NEW SECTION.  822A.2  PRESERVATION OF EVIDENCE.
  4  3    1.  After the completion of a criminal case or appeal or
  4  4 the time for appeal has expired, the law enforcement agency
  4  5 responsible for gathering fingerprint or DNA evidence from the
  4  6 crime scene shall be responsible for the storage, chain of
  4  7 custody, and preservation of such evidence for a period of
  4  8 twenty-five years.
  4  9    2.  Evidence preserved under subsection 1 may be disposed
  4 10 of prior to the expiration of twenty-five years, if, after
  4 11 giving notice to the defendant in the underlying criminal
  4 12 case, the county attorney or the attorney general makes an
  4 13 application to the court, and the court determines by the
  4 14 preponderance of the evidence any of the following:
  4 15    a.  The evidence to be preserved has no significant value
  4 16 for fingerprint or DNA analysis and may be returned to the
  4 17 rightful owner of the property or destroyed if no rightful
  4 18 owner can be found.
  4 19    b.  There is a sufficient amount of fingerprint or DNA
  4 20 evidence already preserved if future testing is required.
  4 21    c.  The evidence to be preserved is too large or is made of
  4 22 an unusual material that makes it impractical for a law
  4 23 enforcement agency to preserve.
  4 24    d.  The defendant consents to the evidence being destroyed.
  4 25    Sec. 6.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection
  4 26 3, shall not apply to this Act.  
  4 27                           EXPLANATION
  4 28    This bill creates a procedure for a criminal defendant to
  4 29 obtain fingerprint testing or DNA profiling after a conviction
  4 30 if testing or profiling had not been performed previously.
  4 31    The bill provides that a defendant may make an application
  4 32 to the court for fingerprint testing or DNA profiling.  The
  4 33 state shall be represented by the county attorney, or the
  4 34 attorney general, if the attorney general consents to such
  4 35 representation.  An application must prove that fingerprint
  5  1 testing or DNA profiling was not available at the time of the
  5  2 criminal proceedings, that the identity of the defendant was
  5  3 an issue in the case, and that a sufficient chain of custody
  5  4 of the evidence can be established.  The bill also provides
  5  5 that before a test can be permitted, the court must find that
  5  6 the integrity of the evidence can be preserved for further
  5  7 testing and the result of the evidence has the potential to
  5  8 produce material facts not previously presented which
  5  9 potentially could require vacation of the convictions of the
  5 10 sentence in the interest of justice.
  5 11    Under the bill, if the court permits testing, and the test
  5 12 results produce new evidence which would be materially
  5 13 relevant to proving the innocence of the applicant, the court
  5 14 may order a hearing on the test results.  The bill provides
  5 15 that if the court finds beyond a reasonable doubt that the
  5 16 test results prove the applicant's innocence or create
  5 17 reasonable doubt in the former proceedings, the court may
  5 18 enter any appropriate order with respect to the former
  5 19 proceedings, including ordering a retrial or discharging the
  5 20 applicant from confinement.  The bill provides that the final
  5 21 court order may be appealed by the applicant or the state.
  5 22    If an applicant is unable to pay for testing, an attorney,
  5 23 and certain other costs related to the application, the bill
  5 24 provides that these costs shall be provided at state expense.
  5 25    The bill provides that after completion of the criminal
  5 26 case or the time for appeal has expired, the law enforcement
  5 27 agency responsible for gathering any fingerprint or DNA
  5 28 evidence in the case shall be responsible for the chain of
  5 29 custody, storing, and the preserving of such evidence for a
  5 30 period of 25 years.  The bill does not require storing and
  5 31 preserving the evidence if any of the following apply:  the
  5 32 evidence to be stored has no significant value for future
  5 33 testing, the agency has enough evidence to ensure future
  5 34 testing, the evidence is too large or unusual for an agency to
  5 35 store, or the defendant consents to the destruction of the
  6  1 evidence.
  6  2    The bill may include a state mandate as defined in Code
  6  3 section 25B.3.  The bill makes inapplicable Code section
  6  4 25B.2, subsection 3, which relieves a political subdivision
  6  5 from complying with a state mandate if funding for the cost of
  6  6 the state mandate is not provided or specified.  Therefore,
  6  7 political subdivisions are required to comply with any state
  6  8 mandate included in the bill.  
  6  9 LSB 1448XS 79
  6 10 jm/gg/8
     

Text: SF00228                           Text: SF00230
Text: SF00200 - SF00299                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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