1. The attorney general shall adopt rules in consultation with the division of criminal investigation, department of public safety, for the purpose of classifying felonies and indictable misdemeanors which shall require the offender to submit a physical specimen for DNA profiling upon confinement in or prior to release from a county jail, upon commitment to the custody of the director of the department of corrections, or prior to discharge of sentence, or as a condition of probation. Factors to be considered shall include the deterrent effect of DNA profiling, the likelihood of repeated violations, and the seriousness of the offense. The offenses that require the offender to submit a physical specimen for DNA profiling shall include but are not limited to the following:
a. Murder in violation of section 707.2 or 707.3.
b. Attempt to commit murder in violation of section 707.11.
c. Kidnapping in violation of section 710.1, 710.2, or 710.3.
d. Sexual abuse in violation of section 709.2, 709.3, or 709.4.
e. Assault with intent to commit sexual abuse in violation of section 709.11.
f. Assault while participating in a felony in violation of section 708.3.
g. Burglary in the first degree in violation of section 713.3.
2. The division of criminal investigation shall carry out DNA profiling of submitted physical specimens. The division may contract with private entities for DNA profiling. "DNA profiling" means the procedure established by the division of criminal investigation, department of public safety, for determining a person's genetic identity.
89 Acts, ch 156, § 1; 2000 Acts, ch 1122, §1
Referred to in § 901.5, 906.4
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