Text: SSB03021 Text: SSB03023 Text: SSB03000 - SSB03099 Text: SSB 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 823, 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 19 823, and the rules of criminal procedure, a person is indigent 1 20 if the person is entitled to an attorney appointed by the 1 21 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 823, 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. 823.1 DEFINITIONS. 1 33 For purposes of this chapter, "DNA" means deoxyribonucleic 1 34 acid, and "DNA profiling" means the same as defined in section 1 35 13.10, subsection 2. 2 1 Sec. 5. NEW SECTION. 823.2 APPLICATION FOR FINGERPRINT 2 2 TESTING OR DNA PROFILING. 2 3 1. APPLICATION CONTENTS. Notwithstanding chapter 822, a 2 4 person may file an application in the county where the person 2 5 was convicted, for the performance of fingerprint testing or 2 6 DNA profiling of evidence that was secured in the criminal 2 7 proceedings against the applicant but was not tested. The 2 8 application shall identify the proceedings in which the 2 9 applicant was convicted, give the date of the entry of the 2 10 judgment of conviction or sentence, specifically set forth the 2 11 grounds upon which the application is based, and clearly state 2 12 the relief desired. Facts within the personal knowledge of 2 13 the applicant shall be set forth separately from other 2 14 allegations of facts and shall be verified. Affidavits, 2 15 records, or other evidence supporting the allegations shall be 2 16 attached to the application or the application shall recite 2 17 why they are not attached. The application shall identify all 2 18 previous proceedings, together with the grounds therein 2 19 asserted, taken by the applicant to secure relief from the 2 20 conviction or sentence. Argument, citations, and discussion 2 21 of authorities are unnecessary. If the court determines that 2 22 the application is sufficient as to form, the court shall set 2 23 a hearing on the application. The court may dismiss the 2 24 application, without hearing, if the court determines the 2 25 application is deficient on its face. The application must 2 26 allege the following: 2 27 a. That fingerprint testing or DNA profiling was not 2 28 obtainable because testing was not available at the time of 2 29 the criminal proceedings, or the technology for testing or 2 30 profiling was not available at the time of the criminal 2 31 proceedings. If the technology for testing or profiling was 2 32 not available, the method proposed to be used must use a 2 33 scientific method generally accepted within the relevant 2 34 scientific community. 2 35 b. The identity of the applicant was an issue in the 3 1 proceedings. 3 2 c. A sufficient chain of custody of the evidence can be 3 3 established in accordance with the Iowa rules of evidence. 3 4 d. The integrity of the evidence can be preserved for 3 5 further testing or profiling and the result of testing or 3 6 profiling of the evidence has the potential to produce 3 7 material facts not previously presented and heard that would 3 8 require vacation of the conviction or sentence in the interest 3 9 of justice. 3 10 2. HEARING ON THE APPLICATION. If the applicant proves 3 11 the allegations contained in the application by a 3 12 preponderance of the evidence, the court shall order the 3 13 testing or profiling and set a hearing after completion of the 3 14 testing or profiling. 3 15 3. HEARING ON THE TEST RESULTS OR PROFILING. If the 3 16 applicant proves beyond a reasonable doubt that the test 3 17 results or profiling prove the applicant's innocence or create 3 18 reasonable doubt in the former proceedings, the court shall 3 19 enter an appropriate order with respect to the conviction or 3 20 sentence in the former proceedings, and any supplementary 3 21 orders as to rearraignment, retrial, custody, bail, discharge, 3 22 or other matters that may be necessary and proper. The court 3 23 shall make specific findings of fact, and state express 3 24 conclusions of law, relating to each issue presented. This 3 25 order is a final judgment. 3 26 4. EVIDENCE. A transcript of the hearing in subsection 2 3 27 or 3 and transcripts of all other proceedings shall be made 3 28 and preserved. All rules and statutes applicable in civil 3 29 proceedings, including pretrial and discovery procedures, are 3 30 available to the parties. The court may receive proof of 3 31 affidavits, depositions, oral testimony, or other evidence, 3 32 and may order the applicant brought before the court for the 3 33 hearing. If the applicant is unable to pay for the testing or 3 34 profiling, or court, stenographic, and printing costs, these 3 35 costs shall be made available by the state to the applicant in 4 1 the trial court and on appeal. The applicant shall reimburse 4 2 the state as provided in chapter 815, if the innocence of the 4 3 applicant is not proven. 4 4 5. ATTORNEY FOR THE STATE. The county attorney for the 4 5 county that prosecuted the defendant shall represent the state 4 6 on an application filed under this chapter. The attorney 4 7 general may represent the state, if requested by the county 4 8 attorney and if the attorney general consents to the 4 9 representation. 4 10 6. APPEAL. An appeal from a final judgment entered under 4 11 this chapter may be taken, perfected, and prosecuted either by 4 12 the applicant or by the state in the manner and within the 4 13 time after judgment as provided in the rules of appellate 4 14 procedure for appeals from final judgments in criminal cases. 4 15 Sec. 6. NEW SECTION. 823.3 PRESERVATION OF EVIDENCE. 4 16 1. After the completion of a criminal case or appeal or 4 17 after the time for appeal has expired, the law enforcement 4 18 agency responsible for gathering fingerprint or DNA evidence 4 19 from the crime scene shall be responsible for the storage, 4 20 chain of custody, and preservation of such evidence for a 4 21 period of twenty-five years. 4 22 2. Evidence preserved under subsection 1 may be disposed 4 23 of prior to the expiration of twenty-five years, if, after 4 24 giving notice to the defendant in the underlying criminal 4 25 case, the county attorney or the attorney general makes an 4 26 application to the court, and the court determines by a 4 27 preponderance of the evidence any of the following: 4 28 a. The evidence to be preserved has no significant value 4 29 for fingerprint or DNA analysis and may be returned to the 4 30 rightful owner of the property or destroyed if no rightful 4 31 owner can be found. 4 32 b. A sufficient amount of fingerprint or DNA evidence has 4 33 already been preserved if future testing or profiling is 4 34 required. 4 35 c. The evidence to be preserved is too large or is made of 5 1 an unusual material that makes it impractical for a law 5 2 enforcement agency to preserve. 5 3 d. The defendant consents to the evidence being destroyed. 5 4 Sec. 7. IMPLEMENTATION OF ACT. Section 25B.2, subsection 5 5 3, shall not apply to this Act. 5 6 EXPLANATION 5 7 This bill creates a procedure for a criminal defendant to 5 8 obtain fingerprint testing or deoxyribonucleic acid (DNA) 5 9 profiling after a conviction if testing or profiling had not 5 10 been performed previously. 5 11 The bill provides that a defendant may make an application 5 12 to the court for fingerprint testing or DNA profiling. The 5 13 state shall be represented by the county attorney, or the 5 14 attorney general, if the attorney general consents to such 5 15 representation. An application must prove that fingerprint 5 16 testing or DNA profiling was not obtainable or available at 5 17 the time of the criminal proceedings, that the identity of the 5 18 defendant was an issue in the case, and that a sufficient 5 19 chain of custody of the evidence can be established. The bill 5 20 provides if the technology for testing was not available, the 5 21 new method of testing or profiling must use a scientific 5 22 method accepted by the relevant scientific community. The 5 23 bill also provides that before a test or profile can be 5 24 permitted, the court must find that the integrity of the 5 25 evidence can be preserved for further testing or profiling and 5 26 the result of the evidence has the potential to produce 5 27 material facts not previously presented which potentially 5 28 could require vacation of the convictions or the sentence in 5 29 the interest of justice. 5 30 Under the bill, if the court permits testing or profiling, 5 31 and the test or profiling results produce new evidence which 5 32 would be materially relevant to proving the innocence of the 5 33 applicant, the court may order a hearing on the test results. 5 34 The bill provides that if the court finds beyond a reasonable 5 35 doubt that the test results prove the applicant's innocence or 6 1 create reasonable doubt in the former proceedings, the court 6 2 may enter any appropriate order with respect to the former 6 3 proceedings, including ordering a retrial or discharging the 6 4 applicant from confinement. The bill provides that the final 6 5 court order may be appealed by the applicant or the state. 6 6 If an applicant is unable to pay for testing or profiling, 6 7 an attorney, and certain other costs related to the 6 8 application, the bill provides that these costs shall be 6 9 provided at state expense. The applicant shall reimburse the 6 10 state if the testing or profiling does not prove the innocence 6 11 of the applicant. 6 12 The bill provides that after completion of the criminal 6 13 case or the time for appeal has expired, the law enforcement 6 14 agency responsible for gathering any fingerprint or DNA 6 15 evidence in the case shall be responsible for the chain of 6 16 custody, storing, and the preserving of such evidence for a 6 17 period of 25 years. The bill does not require storing and 6 18 preserving the evidence if any of the following apply: the 6 19 evidence to be stored has no significant value for future 6 20 analysis, the agency has enough evidence to ensure future 6 21 testing or profiling, the evidence is too large or unusual for 6 22 an agency to store, or the defendant consents to the 6 23 destruction of the evidence. 6 24 The bill may include a state mandate as defined in Code 6 25 section 25B.3. The bill makes inapplicable Code section 6 26 25B.2, subsection 3, which relieves a political subdivision 6 27 from complying with a state mandate if funding for the cost of 6 28 the state mandate is not provided or specified. Therefore, 6 29 political subdivisions are required to comply with any state 6 30 mandate included in the bill. 6 31 LSB 5380SC 79 6 32 jm/sh/8
Text: SSB03021 Text: SSB03023 Text: SSB03000 - SSB03099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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