Text: SF00228 Text: SF00230 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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,or822, 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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