House File 713 - Introduced
HOUSE FILE
BY COMMITTEE ON PUBLIC SAFETY
(SUCCESSOR TO HSB 40)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to requiring certain persons to submit a DNA
2 sample for DNA profiling, making a request for DNA profiling,
3 providing a penalty, and providing effective and contingent
4 effective dates.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 1117HV 81
7 jm/sh/8
PAG LIN
1 1 DIVISION I
1 2 Section 1. NEW SECTION. 81.1 DEFINITIONS.
1 3 As used in this chapter, unless the context otherwise
1 4 requires:
1 5 1. "DNA" means deoxyribonucleic acid.
1 6 2. "DNA databank" means the repository for DNA samples
1 7 obtained pursuant to section 81.4.
1 8 3. "DNA database" means the collection of DNA profiles and
1 9 DNA records.
1 10 4. "DNA profile" means the objective form of the results
1 11 of DNA analysis performed on a DNA sample. The results of all
1 12 DNA identification analysis on an individual's DNA sample are
1 13 also collectively referred to as the DNA profile of an
1 14 individual.
1 15 5. "DNA profiling" means the procedure established by the
1 16 division of criminal investigation, department of public
1 17 safety, for determining a person's genetic identity.
1 18 6. "DNA record" means the DNA sample and DNA profile, and
1 19 other records in the DNA database and DNA data bank used to
1 20 identify a person.
1 21 7. "DNA sample" means a biological sample provided by any
1 22 person required to submit a DNA sample or a DNA sample
1 23 submitted for any other purpose under section 81.4.
1 24 8. "Person required to submit a DNA sample" means a person
1 25 convicted, adjudicated delinquent, who receives a deferred
1 26 judgment, or found not guilty by reason of insanity of an
1 27 offense requiring DNA profiling pursuant to section 81.2.
1 28 "Person required to submit a DNA sample" also means a person
1 29 determined to be a sexually violent predator pursuant to
1 30 section 229A.7.
1 31 Sec. 2. NEW SECTION. 81.2 PERSONS REQUIRED TO SUBMIT A
1 32 DNA SAMPLE.
1 33 1. The attorney general shall adopt rules in consultation
1 34 with the division of criminal investigation, department of
1 35 public safety, for the purpose of classifying felonies and
2 1 indictable misdemeanors which shall require the offender to
2 2 submit a DNA sample for DNA profiling upon confinement in or
2 3 prior to release from a county jail, upon commitment to the
2 4 custody of the director of the department of corrections, or
2 5 prior to discharge of sentence, or as a condition of
2 6 probation. Factors to be considered shall include the
2 7 deterrent effect of DNA profiling, the likelihood of repeated
2 8 violations, and the seriousness of the offense. The offenses
2 9 that require the offender to submit a DNA sample for DNA
2 10 profiling shall include but are not limited to the following:
2 11 a. Murder in violation of section 707.2 or 707.3.
2 12 b. Attempt to commit murder in violation of section
2 13 707.11.
2 14 c. Kidnapping in violation of section 710.1, 710.2, or
2 15 710.3.
2 16 d. Sexual abuse in violation of section 709.2, 709.3, or
2 17 709.4.
2 18 e. Assault with intent to commit sexual abuse in violation
2 19 of section 709.11.
2 20 f. Assault while participating in a felony in violation of
2 21 section 708.3.
2 22 g. Burglary in the first degree in violation of section
2 23 713.3.
2 24 2. A person determined to be a sexually violent predator
2 25 pursuant to chapter 229A shall be required to submit a DNA
2 26 sample for DNA profiling pursuant to section 81.4 prior to
2 27 discharge or placement in a transitional release program.
2 28 3. A person found not guilty by reason of insanity of an
2 29 offense that requires DNA profiling shall be required to
2 30 submit a DNA sample for DNA profiling pursuant to section 81.4
2 31 as part of the person's treatment management program.
2 32 4. A juvenile adjudicated delinquent of an offense that
2 33 requires DNA profiling of an adult offender shall be required
2 34 to submit a DNA sample for DNA profiling pursuant to section
2 35 81.4 as part of the disposition of the juvenile's case.
3 1 5. An offender placed on probation shall immediately
3 2 report to the judicial district department of correctional
3 3 services after sentencing so it can be determined if the
3 4 offender has been convicted of an offense requiring DNA
3 5 profiling. If it is determined by the judicial district that
3 6 DNA profiling is required, the offender shall immediately
3 7 submit a DNA sample.
3 8 Sec. 3. NEW SECTION. 81.3 ESTABLISHMENT OF DNA DATABASE
3 9 AND DNA DATABANK.
3 10 1. A state DNA database and a state DNA databank are
3 11 established under the control of the division of criminal
3 12 investigation, department of public safety. The division of
3 13 criminal investigation shall conduct DNA profiling of a DNA
3 14 sample submitted in accordance with this section.
3 15 2. A DNA sample shall be submitted, and the division of
3 16 criminal investigation shall store and maintain DNA records in
3 17 the DNA database and DNA databank for persons required to
3 18 submit a DNA sample.
3 19 3. A DNA sample may be submitted, and the division of
3 20 criminal investigation shall store and maintain DNA records in
3 21 the DNA database and DNA databank for any of the following:
3 22 a. Crime scene evidence and forensic casework.
3 23 b. A relative of a missing person.
3 24 c. An anonymous DNA profile used for forensic validation,
3 25 forensic protocol development, or quality control purposes, or
3 26 for the establishment of population statistics database.
3 27 4. A fingerprint record of a person required to submit a
3 28 DNA sample shall also be submitted to the division of criminal
3 29 investigation with the DNA sample to verify the identity of
3 30 the person required to submit a DNA sample.
3 31 Sec. 4. NEW SECTION. 81.4 COLLECTING, SUBMITTING,
3 32 ANALYZING, IDENTIFYING, AND STORING DNA SAMPLES AND DNA
3 33 RECORDS.
3 34 1. The division of criminal investigation shall adopt
3 35 rules for the collection, submission, analysis,
4 1 identification, storage, and disposition of DNA records.
4 2 2. A supervising agency having control, custody, or
4 3 jurisdiction over a person shall collect a DNA sample from a
4 4 person required to submit a DNA sample. The supervising
4 5 agency shall collect a DNA sample, upon admittance to the
4 6 pertinent institution or facility, of the person required to
4 7 submit a DNA sample or at a determined date and time set by
4 8 the supervising agency. If a person required to submit a DNA
4 9 sample is confined at the time a DNA sample is required, the
4 10 person shall submit a DNA sample as soon as practicable. If a
4 11 person required to submit a DNA sample is not confined after
4 12 the person is required to submit a DNA sample, the supervising
4 13 agency shall determine the date and time to collect the DNA
4 14 sample.
4 15 3. A person required to submit a DNA sample who refuses to
4 16 submit a DNA sample may be subject to contempt proceedings
4 17 pursuant to chapter 665 until the DNA sample is submitted.
4 18 4. The division of criminal investigation shall conduct
4 19 DNA profiling on a DNA sample or may contract with a private
4 20 entity to conduct the DNA profiling.
4 21 Sec. 5. NEW SECTION. 81.5 CIVIL AND CRIMINAL LIABILITY
4 22 == LIMITATION.
4 23 A person who collects a DNA sample shall not be civilly or
4 24 criminally liable for the collection of the DNA sample if the
4 25 person performs the person's duties in good faith and in a
4 26 reasonable manner according to generally accepted medical
4 27 practices or in accordance with the procedures set out in the
4 28 administrative rules of the department of public safety
4 29 adopted pursuant to section 81.4.
4 30 Sec. 6. NEW SECTION. 81.6 CRIMINAL OFFENSE.
4 31 1. A person who knowingly or intentionally does any of the
4 32 following commits an aggravated misdemeanor:
4 33 a. Discloses any part of a DNA record to a person or
4 34 agency that is not authorized by the division of criminal
4 35 investigation to have access to the DNA record.
5 1 b. Uses or obtains a DNA record for a purpose other than
5 2 what is authorized under this chapter.
5 3 2. A person who knowingly or intentionally alters or
5 4 attempts to alter a DNA sample, falsifies the source of a DNA
5 5 sample, or materially alters a collection container used to
5 6 collect the DNA sample, commits a class "D" felony.
5 7 Sec. 7. NEW SECTION. 81.7 CONVICTION OR ARREST NOT
5 8 INVALIDATED.
5 9 The detention, arrest, or conviction of a person based upon
5 10 a DNA database match is not invalidated if it is determined
5 11 that the DNA sample or DNA profile was obtained or placed into
5 12 the DNA database by mistake or error.
5 13 Sec. 8. NEW SECTION. 81.8 CONFIDENTIAL RECORDS.
5 14 1. A DNA record shall be considered a confidential record
5 15 and disclosure of a DNA record is only authorized pursuant to
5 16 this section.
5 17 2. Confidential DNA records under this section may be
5 18 released to the following agencies for law enforcement
5 19 identification purposes:
5 20 a. Any criminal or juvenile justice agency as defined in
5 21 section 692.1.
5 22 b. Any criminal or juvenile justice agency in another
5 23 jurisdiction that meets the definition of a criminal or
5 24 juvenile justice agency as defined in section 692.1.
5 25 3. The division of criminal investigation shall share the
5 26 DNA record information with the appropriate federal agencies
5 27 for use in a national DNA database.
5 28 4. A DNA record or other forensic information developed
5 29 pursuant to this chapter may be released for use in a criminal
5 30 or juvenile delinquency proceeding in which the state is a
5 31 party and where the DNA record or forensic information is
5 32 relevant and material to the subject of the proceeding. Such
5 33 a record or information may become part of a public transcript
5 34 or other public recording of such a proceeding.
5 35 5. A DNA record or other forensic information may be
6 1 released pursuant to a court order for criminal defense
6 2 purposes to a defendant, who shall have access to DNA samples
6 3 and DNA profiles related to the case in which the defendant is
6 4 charged.
6 5 Sec. 9. NEW SECTION. 81.9 EXPUNGEMENT OF DNA RECORDS.
6 6 1. A person whose DNA record has been included in the DNA
6 7 database or DNA databank established pursuant to section 81.3
6 8 may request, in writing to the division of criminal
6 9 investigation, expungement of the DNA record from the DNA
6 10 database and DNA databank based upon the person's conviction,
6 11 adjudication, or civil commitment which caused the submission
6 12 of the DNA sample being reversed on appeal and the case
6 13 dismissed. The written request shall contain a certified copy
6 14 of the final court order reversing the conviction,
6 15 adjudication, or civil commitment, and a certified copy of the
6 16 dismissal, and any other information necessary to ascertain
6 17 the validity of the request.
6 18 2. The division of criminal investigation, upon receipt of
6 19 a written request that validates reversal on appeal of a
6 20 person's conviction, adjudication, or commitment, and
6 21 subsequent dismissal of the case, or upon receipt of a written
6 22 request by a person who voluntarily submitted a DNA sample
6 23 under section 81.3, subsection 3, paragraph "b", or upon
6 24 receipt of a written request by a person who voluntarily
6 25 submitted a DNA sample pursuant to section 81.3, subsection 3,
6 26 paragraph "b", shall expunge all of the DNA records and
6 27 identifiable information of the person in the DNA database and
6 28 DNA databank. However, if the division of criminal
6 29 investigation determines that the person is otherwise
6 30 obligated to submit a DNA sample, the DNA records shall not be
6 31 expunged. If the division of criminal investigation denies an
6 32 expungement request, the division shall notify the person
6 33 requesting the expungement of the decision not to expunge the
6 34 DNA record and the reason supporting its decision. The
6 35 division of criminal investigation decision is subject to
7 1 judicial review pursuant to chapter 17A. The division of
7 2 criminal investigation shall adopt rules governing the
7 3 expungement procedure and a review process.
7 4 3. The division of criminal investigation is not required
7 5 to expunge or destroy a DNA record pursuant to this section,
7 6 if expungement or destruction of the DNA record would destroy
7 7 evidence related to another person.
7 8 Sec. 10. NEW SECTION. 81.10 DNA PROFILING AFTER
7 9 CONVICTION.
7 10 1. Notwithstanding chapter 822, a person who has been
7 11 convicted of a felony and who has not been required to submit
7 12 a DNA sample for DNA profiling may make a motion to the court
7 13 to require that DNA profiling be performed on a DNA sample.
7 14 2. The motion shall state the following:
7 15 a. The facts of the underlying case that led to the
7 16 conviction.
7 17 b. How the requested DNA profiling would raise a
7 18 reasonable probability that the person would not have been
7 19 convicted if DNA profiling had existed at the time of the
7 20 conviction or if DNA profiling had been conducted prior to the
7 21 conviction.
7 22 c. The evidence to be subjected to DNA profiling.
7 23 3. Notice of the motion shall be served, by certified
7 24 mail, upon the county attorney of the county where the
7 25 conviction occurred, and if known, the motion shall also be
7 26 served, by certified mail, upon the state, local agency, or
7 27 laboratory holding the evidence to be tested. The county
7 28 attorney shall have sixty days to file an answer to the
7 29 motion.
7 30 4. If any DNA profiling or other biological evidence
7 31 testing was previously conducted, the results of the DNA
7 32 profiling or other biological testing shall be disclosed in
7 33 any motion or answer filed by either party.
7 34 5. If the evidence requested to be tested was previously
7 35 subjected to DNA profiling or other biological testing by
8 1 either party, the court shall order the disclosure of the
8 2 results of such profiling or testing to the court and all
8 3 parties involved, including any laboratory reports, underlying
8 4 data, and laboratory notes prepared in connection with the DNA
8 5 profiling or testing.
8 6 6. The court may order a hearing on the motion to
8 7 determine if evidence should be subjected to DNA profiling in
8 8 order to determine a DNA profile.
8 9 7. The court shall grant the motion if all of the
8 10 following apply:
8 11 a. The evidence subject to DNA profiling is available and
8 12 in a condition that will permit DNA profiling.
8 13 b. A sufficient chain of custody has been established for
8 14 the evidence.
8 15 c. The identity of the perpetrator was a significant issue
8 16 or should have been a significant issue in the underlying
8 17 criminal case.
8 18 d. The evidence subject to DNA profiling is material to
8 19 the underlying criminal case.
8 20 e. A DNA profile obtained from the evidence would raise a
8 21 reasonable probability the person would not have been
8 22 convicted if DNA profiling had existed at the time of the
8 23 conviction or if DNA profiling had been conducted prior to the
8 24 conviction.
8 25 8. Upon the court granting the motion, DNA profiling shall
8 26 be conducted within the guidelines generally accepted by the
8 27 scientific community.
8 28 9. A criminal or juvenile justice agency, as defined in
8 29 section 692.1, shall maintain a DNA sample and criminal
8 30 evidence that could be tested for DNA shall be kept for a
8 31 period of three years beyond the limitations for the
8 32 commencement of a criminal case as set forth in chapter 802.
8 33 10. If the court determines a person is indigent, the
8 34 person filing the motion shall be entitled to the appointment
8 35 of an attorney pursuant to chapter 815.
9 1 Sec. 11. Section 229A.7, Code 2005, is amended by adding
9 2 the following new subsection:
9 3 NEW SUBSECTION. 5A. If the court or jury determines that
9 4 the respondent is a sexually violent predator, the court shall
9 5 order the respondent to submit a DNA sample for DNA profiling
9 6 pursuant to section 81.4.
9 7 Sec. 12. Section 232.52, Code 2005, is amended by adding
9 8 the following new subsection:
9 9 NEW SUBSECTION. 10. The court shall order a juvenile
9 10 adjudicated a delinquent for an offense that requires DNA
9 11 profiling under section 81.2 to submit a DNA sample for DNA
9 12 profiling pursuant to section 81.4.
9 13 Sec. 13. Section 669.14, Code 2005, is amended by adding
9 14 the following new subsection:
9 15 NEW SUBSECTION. 15. Any claim arising from or related to
9 16 the collection of a DNA sample for DNA profiling pursuant to
9 17 section 81.4 or a DNA profiling procedure performed by the
9 18 division of criminal investigation, department of public
9 19 safety.
9 20 Sec. 14. Section 802.2, Code 2005, is amended to read as
9 21 follows:
9 22 802.2 SEXUAL ABUSE == FIRST, SECOND, OR THIRD DEGREE.
9 23 1. An information or indictment for sexual abuse in the
9 24 first, second, or third degree committed on or with a person
9 25 who is under the age of eighteen years shall be found within
9 26 ten years after the person upon whom the offense is committed
9 27 attains eighteen years of age, or if the identity of the
9 28 person against whom the information or indictment is sought is
9 29 established through the use of a DNA profile, an information
9 30 or indictment shall be found within three years from the date
9 31 the identity of the person is identified by the person's DNA
9 32 profile, whichever is later.
9 33 2. An information or indictment for any other sexual abuse
9 34 in the first, second, or third degree shall be found within
9 35 ten years after its commission, or if the identity of the
10 1 person against whom the information or indictment is sought is
10 2 established through the use of a DNA profile, an information
10 3 or indictment shall be found within three years from the date
10 4 the identity of the person is identified by the person's DNA
10 5 profile, whichever is later.
10 6 3. As used in this section, "identified" means a person's
10 7 legal name is known and the person has been determined to be
10 8 the source of the DNA.
10 9 Sec. 15. Section 901.5, subsection 8A, Code 2005, is
10 10 amended to read as follows:
10 11 8A. a. The court shall order DNA profiling of a defendant
10 12 convicted of an offense that requires profiling under section
10 13 13.10 81.2.
10 14 b. Notwithstanding section 13.10 81.2, the court may order
10 15 the defendant to provide a physical specimen DNA sample to be
10 16 submitted for DNA profiling if appropriate. In determining
10 17 the appropriateness of ordering DNA profiling, the court shall
10 18 consider the deterrent effect of DNA profiling, the likelihood
10 19 of repeated offenses by the defendant, and the seriousness of
10 20 the offense.
10 21 Sec. 16. Section 906.4, unnumbered paragraph 3, Code 2005,
10 22 is amended to read as follows:
10 23 Notwithstanding section 13.10 81.2, the board may order the
10 24 defendant to provide a physical specimen DNA sample to be
10 25 submitted for DNA profiling as a condition of parole or work
10 26 release, if appropriate. In determining the appropriateness
10 27 of ordering DNA profiling, the board shall consider the
10 28 deterrent effect of DNA profiling, the likelihood of repeated
10 29 offenses by the defendant, and the seriousness of the offense.
10 30 Sec. 17. 2002 Iowa Acts, chapter 1080, is repealed.
10 31 Sec. 18. Section 13.10, Code 2005, is repealed.
10 32 Sec. 19. PERSONS REQUIRED TO SUBMIT A DNA SAMPLE PRIOR TO
10 33 EFFECTIVE DATE OF THIS DIVISION OF THIS ACT. A person
10 34 convicted, adjudicated a delinquent, civilly committed as a
10 35 sexually violent predator, or found not guilty by reason of
11 1 insanity, prior to the effective date of this division of this
11 2 Act, who would otherwise be required to submit a DNA sample
11 3 under this division of this Act, and who is under the custody,
11 4 control, or jurisdiction of a supervising agency, shall submit
11 5 a DNA sample prior to being released from the supervising
11 6 agency's custody, control, or jurisdiction.
11 7 Sec. 20. EFFECTIVE DATE. This division of this Act, being
11 8 deemed of immediate importance, takes effect upon enactment.
11 9 DIVISION II
11 10 Sec. 21. Section 81.2, subsection 1, as enacted in
11 11 division I of this Act, is amended by striking the subsection
11 12 and inserting in lieu thereof the following:
11 13 1. A person who receives a deferred judgment for a felony
11 14 or against whom a judgment or conviction for a felony has been
11 15 entered shall be required to submit a DNA sample for DNA
11 16 profiling pursuant to section 81.4.
11 17 Sec. 22. CONTINGENT EFFECTIVE DATE. The effective date of
11 18 this division of this Act shall be the later of July 1, 2005,
11 19 or the date when sufficient funds have been appropriated or
11 20 are first received to pay the costs of conducting DNA
11 21 profiling on DNA samples submitted by all convicted felons.
11 22 The commissioner of public safety shall notify the Code editor
11 23 when sufficient funds have been appropriated or are first
11 24 received to pay the costs of complying with this division of
11 25 this Act.
11 26 DIVISION III
11 27 Sec. 23. IMPLEMENTATION OF ACT. Section 25B.2, subsection
11 28 3, shall not apply to this Act.
11 29 EXPLANATION
11 30 This bill relates to requiring certain persons to submit a
11 31 DNA sample for DNA profiling.
11 32 DIVISION I = The division moves Code section 13.10 to new
11 33 Code section 81.2 and modifies the section. The division
11 34 requires submission of a DNA sample if a person is convicted
11 35 of or receives a deferred judgment for an offense. The
12 1 division requires a person civilly committed as a sexually
12 2 violent predator to provide a DNA sample for DNA profiling
12 3 prior to the person's discharge or placement in a transitional
12 4 release program. A juvenile who has been adjudicated a
12 5 delinquent of a criminal offense requiring a DNA sample under
12 6 new Code section 81.2 shall also submit a DNA sample for DNA
12 7 profiling under the division. The division also requires a
12 8 DNA sample from a person found not guilty by reason of
12 9 insanity of a criminal offense requiring a DNA sample under
12 10 new Code section 81.2. Current law provides that only a
12 11 person convicted of a criminal offense listed in Code section
12 12 13.10 is required to provide a DNA sample for DNA profiling.
12 13 The division establishes, in the division of criminal
12 14 investigation, department of public safety, a state DNA
12 15 database for storage of DNA profiles and records and a state
12 16 DNA databank for storage of DNA samples. The division defines
12 17 "DNA sample" to mean a biological sample provided by any
12 18 person required to submit a DNA sample or a biological sample
12 19 submitted for any other permissible purpose. The division
12 20 defines "DNA profile" to mean the objective form of the
12 21 results of the DNA analysis performed on the DNA sample.
12 22 The division provides that a supervising agency with
12 23 custody, control, or jurisdiction over a person required to
12 24 submit a DNA sample shall collect the sample. A person
12 25 required to submit a DNA sample who refuses to provide a
12 26 sample is subject to contempt proceedings. The division
12 27 provides that a person collecting the DNA sample is immune
12 28 from civil or criminal liability if the person collects the
12 29 sample in a reasonable manner according to generally accepted
12 30 medical practices or with the procedures set out in
12 31 administrative rules.
12 32 The division provides that the division of criminal
12 33 investigation may contract with a private entity to conduct
12 34 such profiling.
12 35 The division provides that a person who knowingly or
13 1 intentionally discloses, uses, or obtains a DNA sample without
13 2 authorization commits an aggravated misdemeanor. The bill
13 3 also provides that any person who knowingly or intentionally
13 4 alters a DNA sample or sample collection container, or who
13 5 falsifies the source of a DNA sample, commits a class "D"
13 6 felony.
13 7 The division provides that any detention, arrest, or
13 8 conviction based upon a DNA database match is not invalidated
13 9 if it is later determined that the DNA profile was obtained or
13 10 placed into the DNA database by mistake or error.
13 11 The division provides that a DNA record is a confidential
13 12 record and may only be disclosed as provided in the bill. A
13 13 DNA record may be disclosed to a criminal and juvenile justice
13 14 agency, the federal government for a national database, and
13 15 any other agency using the confidential record in its official
13 16 capacity and for criminal defense purposes.
13 17 The division provides that if a person who is required to
13 18 submit a DNA sample has the person's conviction, adjudication,
13 19 or civil commitment subsequently reversed on appeal, the
13 20 person may file a written request with the division of
13 21 criminal investigation requesting that all DNA records be
13 22 expunged. The division also permits a relative of a missing
13 23 person who voluntarily submitted a DNA sample or a person who
13 24 submitted a sample for forensic work to request that their DNA
13 25 sample be expunged. Upon receipt of a certified copy of the
13 26 order reversing the conviction, adjudication, or civil
13 27 commitment, and a certified copy of the order dismissing the
13 28 case, the DNA records shall be expunged unless the destruction
13 29 of the records would destroy DNA evidence related to another
13 30 person.
13 31 If the division of criminal investigation denies the
13 32 request to expunge their DNA record, the division of criminal
13 33 investigation is required to notify the person in writing.
13 34 The bill provides that the denial may be appealed to district
13 35 court.
14 1 The division provides that any claim arising or related to
14 2 the collection of a DNA sample shall proceed under the state
14 3 tort claims Act in Code chapter 669.
14 4 The division also requires a person convicted, adjudicated
14 5 as delinquent, civilly committed as a sexually violent
14 6 predator, or found not guilty by reason of insanity, prior to
14 7 the effective date of the division, who would otherwise be
14 8 required to submit a DNA sample under the division, and who is
14 9 under the custody, control, or jurisdiction of a supervising
14 10 agency, to submit a DNA sample prior to being released from
14 11 the supervising agency's custody, control, or jurisdiction.
14 12 The division modifies the statute of limitations for any
14 13 sexual abuse in the first, second, or third degree by allowing
14 14 a case to be brought against a person within three years from
14 15 the date the identity of the person is identified by the
14 16 person's DNA profile. Current law provides that a sexual
14 17 abuse case must be prosecuted within 10 years of the
14 18 commission of the crime or within 10 years of the victim
14 19 attaining the age of 18.
14 20 The division provides that a person who has been convicted
14 21 of a felony and who has not been required to submit a DNA
14 22 sample for DNA profiling may make a motion to the court to
14 23 require DNA profiling on a DNA sample. Under the division,
14 24 the court shall grant the person's motion if all of the
14 25 following apply: the evidence subject to DNA profiling is
14 26 available and in a condition to be tested; a sufficient chain
14 27 of custody has been established; the identity of the
14 28 perpetrator was a significant issue or should have been a
14 29 significant issue in the underlying criminal offense; the
14 30 evidence subject to DNA profiling is material to the
14 31 underlying criminal case; and a DNA profile obtained from the
14 32 evidence would raise a reasonable probability the person would
14 33 not have been convicted if DNA profiling existed at the time
14 34 of the conviction or if DNA profiling had been conducted.
14 35 The division repeals 2002 Acts, chapter 1080, which
15 1 requires all felons to submit a DNA sample for DNA profiling
15 2 upon sufficient funding because the law in the 2002 Acts does
15 3 not conform with the changes in this division and division II.
15 4 Division I, being deemed of immediate importance, takes
15 5 effect upon enactment.
15 6 DIVISION II = The division provides that a person who
15 7 receives a deferred judgment for a felony or any convicted
15 8 felon shall submit a DNA sample for DNA profiling upon the
15 9 appropriation of sufficient funds to cover the expense of
15 10 collecting and conducting DNA profiling.
15 11 Division II becomes effective on the later of July 1, 2005,
15 12 or the date when sufficient funds have been appropriated or
15 13 are first received to pay the costs of conducting DNA
15 14 profiling on DNA samples submitted by all convicted felons,
15 15 whichever is sooner.
15 16 Division III provides that the bill may include a state
15 17 mandate as defined in Code section 25B.3. The bill makes
15 18 inapplicable Code section 25B.2, subsection 3, which would
15 19 relieve a political subdivision from complying with a state
15 20 mandate if funding for the cost of the state mandate is not
15 21 provided or specified. Therefore, political subdivisions are
15 22 required to comply with any state mandate included in the
15 23 bill.
15 24 LSB 1117HV 81
15 25 jm:nh/sh/8