House Study Bill 634 SENATE/HOUSE FILE BY (PROPOSED ATTORNEY GENERAL BILL) Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act extending the statute of limitations for the filing of an 2 indictment or information in a felony or aggravated or serious 3 misdemeanor proceeding involving DNA profiling. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5322DP 81 6 jm/je/5 PAG LIN 1 1 Section 1. Section 802.3, Code 2005, is amended to read as 1 2 follows: 1 3 802.3 FELONY == AGGRAVATED OR SERIOUS MISDEMEANOR. 1 4 In all cases, except those enumerated insectionssection 1 5 802.1, 802.2,and802.2A, or 802.10, an indictment or 1 6 information for a felony or aggravated or serious misdemeanor 1 7 shall be found within three years after its commission. 1 8 Sec. 2. NEW SECTION. 802.10 DNA PROFILE OF ACCUSED. 1 9 1. "DNA profile" means the same as defined in section 1 10 81.1. 1 11 2. An indictment or information may be found containing 1 12 only the DNA profile of the person charged. When an 1 13 indictment or information is found containing only a DNA 1 14 profile, the limitation of any action under section 802.3 is 1 15 tolled. 1 16 3. However, an indictment or information shall be found 1 17 within three years from the date the identity of the person 1 18 charged is identified by the person's DNA profile under 1 19 section 802.3. If the action involves sexual abuse, the 1 20 indictment or information shall be found as provided in 1 21 section 802.2, if the person is identified by the person's DNA 1 22 profile. 1 23 EXPLANATION 1 24 This bill extends the statute of limitations for the filing 1 25 of an indictment or information in a felony or aggravated or 1 26 serious misdemeanor proceeding involving DNA profiling. 1 27 Under the bill, an indictment or information may be filed 1 28 containing only the DNA profile of the person charged. The 1 29 filing of an indictment or information containing only the DNA 1 30 profile tolls the limitation of any action under Code section 1 31 802.3. However, the bill provides that an indictment or 1 32 information shall be filed within three years from the date 1 33 the identity of the person charged is identified by the 1 34 person's DNA profile. If the offense involves sexual abuse 1 35 and the person is identified by the person's DNA profile, the 2 1 indictment or information shall be filed as provided in Code 2 2 section 802.2. 2 3 Current law provides that such an indictment or information 2 4 must be filed within three years of the commission of the 2 5 criminal offense. 2 6 LSB 5322DP 81 2 7 jm:rj/je/5.1