Senate File 594 S-3217 Amend Senate File 594 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 81.1, Code 2019, is amended to read as 4 follows: 5 81.1 Definitions. 6 As used in this chapter , unless the context otherwise 7 requires: 8 1. “Aggravated misdemeanor” means an offense classified as 9 an aggravated misdemeanor committed by a person eighteen years 10 of age or older on or after July 1, 2014, other than any of the 11 following offenses: 12 a. A violation of chapter 321 . 13 b. A second offense violation of section 321J.2 , unless 14 the person has more than one previous revocation as determined 15 pursuant to section 321J.2 , subsection 8, within the 16 twelve-year period immediately preceding the commission of the 17 offense in question. 18 c. A violation of chapter 716B . 19 d. A violation of chapter 717A . 20 e. A violation of section 725.7 . 21 2. “DNA” means deoxyribonucleic acid. 22 3. “DNA data bank” means the repository for DNA samples 23 obtained pursuant to section 81.4 . 24 4. “DNA database” means the collection of DNA profiles and 25 DNA records. 26 5. “DNA profile” means the objective form of the results of 27 DNA analysis performed on a forensic sample or an individual’s 28 DNA sample. The results of all DNA identification analysis on 29 an individual’s DNA sample are also collectively referred to 30 as the DNA profile of an individual. “DNA profile” also means 31 the objective form of the results of DNA analysis performed on 32 a forensic sample. 33 6. “DNA profiling” means the procedure established by 34 the division of criminal investigation, department of public 35 -1- SF594.2341 (1) 88 (amending this SF 594 to CONFORM to HF 734) as/rh 1/ 9 #1.

safety, for determining a person’s genetic identity or for 1 testing a forensic sample, including analysis that might not 2 result in the establishment of a complete DNA profile . 3 7. “DNA record” means the DNA sample and DNA profile, and 4 other records in the DNA database and DNA data bank used to 5 identify a person. 6 8. “DNA sample” means a biological sample provided by 7 any person required to submit a DNA sample or a DNA sample 8 submitted for any other purpose under section 81.4 . 9 9. “Forensic sample” means an evidentiary item that 10 potentially contains DNA relevant to a crime. 11 10. “Keyboard search” means a keyboard search as defined in 12 the national DNA index system operational procedures manual. 13 11. “National DNA index system” means a national, searchable 14 DNA database created and maintained by the federal bureau of 15 investigation where DNA profiles are stored and searched at a 16 local, state, or national level. 17 9. 12. “Person required to submit a DNA sample” means a 18 person convicted, adjudicated delinquent, receiving a deferred 19 judgment, or found not guilty by reason of insanity of an 20 offense requiring DNA profiling pursuant to section 81.2 . 21 “Person required to submit a DNA sample” also means a person 22 determined to be a sexually violent predator pursuant to 23 section 229A.7 . 24 13. “State DNA index system” means a state searchable DNA 25 database created and maintained by the department of public 26 safety where DNA profiles are stored and searched at the state 27 level. 28 Sec. 2. Section 81.10, Code 2019, is amended to read as 29 follows: 30 81.10 Application requirements for DNA profiling after 31 conviction. 32 1. A defendant who has been convicted of a felony or 33 aggravated misdemeanor and who has not been required to submit 34 a DNA sample for DNA profiling may make a motion an application 35 -2- SF594.2341 (1) 88 (amending this SF 594 to CONFORM to HF 734) as/rh 2/ 9

to the court for an order to require that DNA analysis 1 profiling be performed on evidence a forensic sample collected 2 in the case for which the person stands convicted. 3 2. The motion application shall state the following: 4 a. The specific crimes for which the defendant stands 5 convicted in this case. 6 b. The facts of the underlying case, as proven at trial or 7 admitted to during a guilty plea proceeding. 8 c. Whether any of the charges include sexual abuse or 9 involve sexual assault, and if so, whether a sexual assault 10 examination was conducted and evidence forensic samples were 11 preserved, if known. 12 d. Whether identity was at issue or contested by the 13 defendant. 14 e. Whether the defendant offered an alibi, and if so, 15 testimony corroborating the alibi and, from whom. 16 f. Whether eyewitness testimony was offered, and if so from 17 whom. 18 g. Whether any issues of police or prosecutor misconduct 19 have been raised in the past or are being raised by the motion 20 application . 21 h. The type of inculpatory evidence admitted into evidence 22 at trial or admitted to during a guilty plea proceeding. 23 i. Whether blood testing or other biological evidence 24 testing was conducted previously in connection with the case 25 and, if so, by whom and the result, if known. 26 j. What biological evidence exists and, if known, the agency 27 or laboratory storing the evidence forensic sample that the 28 defendant seeks to have tested. 29 k. Why the requested analysis of DNA evidence DNA profiling 30 of the forensic sample is material to the issue in the case and 31 not merely cumulative or impeaching. 32 l. Why the DNA evidence profiling results would have 33 changed the outcome of the trial or invalidated a guilty plea 34 if the requested DNA profiling had been conducted prior to the 35 -3- SF594.2341 (1) 88 (amending this SF 594 to CONFORM to HF 734) as/rh 3/ 9

conviction. 1 3. a. A motion proceeding for relief filed under this 2 section shall be filed in the county where the defendant was 3 convicted , and . The proceeding is commenced by filing an 4 application for relief with the district court in which the 5 conviction took place, without paying a filing fee. The notice 6 of the motion application shall be served by certified mail 7 upon the county attorney and, if known, upon the state, local 8 agency, or laboratory holding evidence described in subsection 9 2 , paragraph “k” . The county attorney shall have sixty days to 10 file an answer to the motion application . 11 b. The application shall be heard in, and before any judge 12 or the court in which the defendant’s conviction or sentence 13 took place. A record of the proceedings shall be made. 14 4. Any DNA profiling of the defendant or other biological 15 evidence testing conducted by the state or by the defendant 16 shall be disclosed and the results of such profiling or testing 17 described in the motion application or answer. 18 5. If the evidence forensic sample requested to be tested 19 was previously subjected to DNA or other biological analysis 20 by either party, the court may order the disclosure of the 21 results of such testing, including laboratory reports, notes, 22 and underlying data, to the court and the parties. 23 6. The court may order a hearing on the motion application 24 to determine if evidence the forensic sample should be 25 subjected to DNA analysis profiling . 26 7. The court shall grant the motion if all of the following 27 apply: 28 a. The evidence subject to DNA testing is available and in a 29 condition that will permit analysis. 30 b. A sufficient chain of custody has been established for 31 the evidence. 32 c. The identity of the person who committed the crime for 33 which the defendant was convicted was a significant issue in 34 the crime for which the defendant was convicted. 35 -4- SF594.2341 (1) 88 (amending this SF 594 to CONFORM to HF 734) as/rh 4/ 9

d. The evidence subject to DNA analysis is material to, and 1 not merely cumulative or impeaching of, evidence included in 2 the trial record or admitted to at a guilty plea proceeding. 3 e. DNA analysis of the evidence would raise a reasonable 4 probability that the defendant would not have been convicted if 5 DNA profiling had been available at the time of the conviction 6 and had been conducted prior to the conviction. 7 8. Upon the court granting a motion filed pursuant to this 8 section , DNA analysis of evidence shall be conducted within the 9 guidelines generally accepted by the scientific community. The 10 defendant shall provide DNA samples for testing if requested 11 by the state. 12 9. Results of DNA analysis conducted pursuant to this 13 section shall be reported to the parties and to the court 14 and may be provided to the board of parole, department of 15 corrections, and criminal and juvenile justice agencies, 16 as defined in section 692.1 , for use in the course of 17 investigations and prosecutions, and for consideration in 18 connection with requests for parole, pardon, reprieve, and 19 commutation. DNA samples obtained pursuant to this section 20 may be included in the DNA data bank, and DNA profiles and DNA 21 records developed pursuant to this section may be included in 22 the DNA database. 23 10. A criminal or juvenile justice agency, as defined in 24 section 692.1 , shall maintain DNA samples and evidence that 25 could be tested for DNA for a period of three years beyond the 26 limitations for the commencement of criminal actions as set 27 forth in chapter 802 . This section does not create a cause of 28 action for damages or a presumption of spoliation in the event 29 evidence is no longer available for testing. 30 11. If the court determines a defendant who files a motion 31 under this section is indigent, the defendant shall be entitled 32 to appointment of counsel as provided in chapter 815 . 33 12. If the court determines after DNA analysis ordered 34 pursuant to this section that the results indicate conclusively 35 -5- SF594.2341 (1) 88 (amending this SF 594 to CONFORM to HF 734) as/rh 5/ 9

that the DNA profile of the defendant matches the profile from 1 the analyzed evidence used against the defendant, the court 2 may order the defendant to pay the costs of these proceedings, 3 including costs of all testing, court costs, and costs of 4 court-appointed counsel, if any. 5 Sec. 3. NEW SECTION . 81.11 Application for DNA profiling. 6 1. The court shall grant an application for DNA profiling 7 if all of the following apply: 8 a. The forensic sample subject to DNA profiling is available 9 and either DNA profiling has not been performed on the forensic 10 sample or DNA profiling has been previously performed on the 11 forensic sample and the defendant is requesting DNA profiling 12 using a new method or technology that is substantially more 13 probative than the DNA profiling previously performed. 14 b. A sufficient chain of custody has been established for 15 the forensic sample. 16 c. The identity of the person who committed the crime for 17 which the defendant was convicted was a significant issue in 18 the crime for which the defendant was convicted. 19 d. The forensic sample subject to DNA profiling is material 20 to, and not merely cumulative or impeaching of, evidence 21 included in the trial record or admitted to at a guilty plea 22 proceeding. 23 e. The DNA profiling results would raise a reasonable 24 probability that the defendant would not have been convicted if 25 such results had been introduced at trial. 26 2. Upon the court granting an application filed pursuant 27 to this section, DNA profiling of a forensic sample shall be 28 conducted within the guidelines generally accepted by the 29 scientific community if the testing type or resulting profile 30 is not eligible to be uploaded or searched in the national DNA 31 index system database. The defendant shall provide DNA samples 32 for testing if requested by the state. 33 Sec. 4. NEW SECTION . 81.12 When DNA database comparisons 34 may be ordered. 35 -6- SF594.2341 (1) 88 (amending this SF 594 to CONFORM to HF 734) as/rh 6/ 9

1. If DNA profiling ordered under section 81.11 produces 1 an unidentified DNA profile, after notice to the parties, 2 including the department of public safety, the court may order 3 the department of public safety to do any of the following: 4 a. Compare the DNA profile to the national DNA index 5 system. The profile shall only be compared to the national DNA 6 index system if the combined DNA index system administrator 7 determines all of the following: 8 (1) The forensic sample is collected contemporaneously from 9 the crime scene, has a nexus to the crime scene, is probative, 10 and is suitable for analysis. 11 (2) The DNA profile was generated through a technology that 12 complies with all requirements in the national DNA index system 13 operational procedures manual. 14 (3) The DNA profile meets all the requirements in the 15 national DNA index system operational procedures manual for 16 either uploading the profile or conducting a keyboard search. 17 b. Compare the DNA profile to the state DNA index system if 18 the profile meets all applicable state requirements. 19 2. If any provision of a court order under this section 20 results in a violation of federal law, the federal bureau 21 of investigation’s national DNA index system operational 22 procedures manual, or the memorandum of understanding between 23 the federal bureau of investigation laboratory division and 24 the Iowa division of criminal investigation criminalistics 25 laboratory for participation in the national DNA index system, 26 that portion of the order shall be considered unenforceable. 27 The remaining provisions of the order shall remain in effect. 28 Sec. 5. NEW SECTION . 81.13 Additional DNA profiling 29 provisions. 30 1. The results of DNA profiling conducted pursuant to this 31 section shall be provided to the court, the defendant, the 32 state, and the federal bureau of investigation. DNA samples 33 obtained pursuant to this section may be included in the DNA 34 data bank, and DNA profiles and DNA records developed pursuant 35 -7- SF594.2341 (1) 88 (amending this SF 594 to CONFORM to HF 734) as/rh 7/ 9

to this section may be included in the DNA database. 1 2. A criminal or juvenile justice agency, as defined in 2 section 692.1, shall maintain DNA samples and forensic samples 3 that could be tested for DNA for a period of three years beyond 4 the limitations for the commencement of criminal actions as set 5 forth in chapter 802. This section does not create a cause of 6 action for damages or a presumption of spoliation in the event 7 a forensic sample is no longer available for testing. 8 3. If the court determines a defendant who files an 9 application under this section is indigent, the defendant shall 10 be entitled to appointment of counsel as provided in chapter 11 815. 12 4. If the court determines after DNA profiling ordered 13 pursuant to the application filed under section 81.10 that 14 the results indicate conclusively that the DNA profile of the 15 defendant matches the profile from the analyzed evidence used 16 against the defendant, the court may order the defendant to pay 17 the costs of these proceedings, including costs of all testing, 18 court costs, and costs of court-appointed counsel, if any. 19 Sec. 6. NEW SECTION . 81.14 Compliance with applicable laws. 20 A court shall not enter an order under this chapter that 21 would result in a violation of state or federal law or loss of 22 access to a federal system or database. 23 Sec. 7. Section 822.2, subsection 1, Code 2019, is amended 24 by adding the following new paragraph: 25 NEW PARAGRAPH . h. The results of DNA profiling ordered 26 pursuant to an application filed under section 81.10 would have 27 changed the outcome of the trial or void the factual basis of 28 a guilty plea had the profiling been conducted prior to the 29 conviction. 30 Sec. 8. Section 822.3, Code 2019, is amended to read as 31 follows: 32 822.3 How to commence proceeding —— limitation. 33 A proceeding is commenced by filing an application verified 34 by the applicant with the clerk of the district court in 35 -8- SF594.2341 (1) 88 (amending this SF 594 to CONFORM to HF 734) as/rh 8/ 9

which the conviction or sentence took place. However, if the 1 applicant is seeking relief under section 822.2, subsection 1 , 2 paragraph “f” , the application shall be filed with the clerk 3 of the district court of the county in which the applicant 4 is being confined within ninety days from the date the 5 disciplinary decision is final. All other applications must 6 be filed within three years from the date the conviction or 7 decision is final or, in the event of an appeal, from the date 8 the writ of procedendo is issued. However, this limitation 9 does not apply to a ground of fact or law that could not have 10 been raised within the applicable time period. For purposes 11 of this section, a ground of fact includes the results of 12 DNA profiling ordered pursuant to an application filed under 13 section 81.10. Facts within the personal knowledge of the 14 applicant and the authenticity of all documents and exhibits 15 included in or attached to the application must be sworn to 16 affirmatively as true and correct. The supreme court may 17 prescribe the form of the application and verification. The 18 clerk shall docket the application upon its receipt and 19 promptly bring it to the attention of the court and deliver a 20 copy to the county attorney and the attorney general. > 21 ______________________________ DAN DAWSON -9- SF594.2341 (1) 88 (amending this SF 594 to CONFORM to HF 734) as/rh 9/ 9