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 in sections section
  1  5 802.1, 802.2, and 802.2A, 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