House File 2343 - Introduced
HOUSE FILE
BY MAY
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to submission of a DNA sample of a person
2 arrested for or convicted of a felony.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 6045YH 82
5 jm/rj/8
PAG LIN
1 1 Section 1. Section 81.1, Code 2007, is amended by adding
1 2 the following new subsections:
1 3 NEW SUBSECTION. 0A. "Arrest" means the same as in section
1 4 804.5 and as "taking into custody" in section 232.2.
1 5 NEW SUBSECTION. 0B. "Dismissal of the charges" means
1 6 dismissal of the complaint, indictment, or information in
1 7 adult court and dismissal of the complaint or petition in
1 8 juvenile court.
1 9 Sec. 2. Section 81.1, subsection 8, Code 2007, is amended
1 10 to read as follows:
1 11 8. "Person required to submit a DNA sample" means a person
1 12 convicted, adjudicated delinquent, receiving a deferred
1 13 judgment, or found not guilty by reason of insanity of an
1 14 offense requiring DNA profiling pursuant to section 81.2.
1 15 "Person required to submit a DNA sample" also means a person
1 16 arrested for an offense classified as a felony and a person
1 17 determined to be a sexually violent predator pursuant to
1 18 section 229A.7.
1 19 Sec. 3. Section 81.2, Code Supplement 2007, is amended by
1 20 adding the following new subsection:
1 21 NEW SUBSECTION. 0A. A person arrested for an offense
1 22 classified as a felony shall be required to submit a DNA
1 23 sample for DNA profiling pursuant to section 81.4.
1 24 Sec. 4. Section 81.4, subsection 2, Code 2007, is amended
1 25 to read as follows:
1 26 2. A supervising agency having control, custody, or
1 27 jurisdiction over a person shall collect a DNA sample from a
1 28 person required to submit a DNA sample. The supervising
1 29 agency shall collect a DNA sample, upon admittance to the
1 30 pertinent institution, jail, or facility, of the person
1 31 required to submit a DNA sample or at a determined date and
1 32 time set by the supervising agency. If a person required to
1 33 submit a DNA sample is confined at the time a DNA sample is
1 34 required, the person shall submit a DNA sample as soon as
1 35 practicable. If a person required to submit a DNA sample is
2 1 not confined after the person is required to submit a DNA
2 2 sample, the supervising agency shall determine the date and
2 3 time to collect the DNA sample.
2 4 Sec. 5. Section 81.9, subsections 1 and 2, Code 2007, are
2 5 amended to read as follows:
2 6 1. A person whose DNA record has been included in the DNA
2 7 database or DNA data bank established pursuant to section 81.3
2 8 may request, in writing to the division of criminal
2 9 investigation, expungement of the DNA record from the DNA
2 10 database and DNA data bank based upon dismissal of the charges
2 11 which caused the submission of the DNA sample, or the person's
2 12 conviction, adjudication, or civil commitment which caused the
2 13 submission of the DNA sample being reversed on appeal and the
2 14 case dismissed. The written request shall contain a certified
2 15 copy of the final court order dismissing the charges or
2 16 reversing the conviction, adjudication, or civil commitment,
2 17 and a certified copy of the dismissal, and any other
2 18 information necessary to ascertain the validity of the
2 19 request.
2 20 2. The division of criminal investigation, upon receipt of
2 21 a written request that validates the dismissal of the charges,
2 22 or reversal on appeal of a person's conviction, adjudication,
2 23 or commitment, and subsequent dismissal of the case, or upon
2 24 receipt of a written request by a person who voluntarily
2 25 submitted a DNA sample pursuant to section 81.3, subsection 3,
2 26 paragraph "b", shall expunge all of the DNA records and
2 27 identifiable information of the person in the DNA database and
2 28 DNA data bank. However, if the division of criminal
2 29 investigation determines that the person is otherwise
2 30 obligated to submit a DNA sample, the DNA records shall not be
2 31 expunged. If the division of criminal investigation denies an
2 32 expungement request, the division shall notify the person
2 33 requesting the expungement of the decision not to expunge the
2 34 DNA record and the reason supporting its decision. The
2 35 division of criminal investigation decision is subject to
3 1 judicial review pursuant to chapter 17A. The department of
3 2 public safety shall adopt rules governing the expungement
3 3 procedure and a review process.
3 4 Sec. 6. NEW SECTION. 81.11 DNA PROFILE == COMPLETION.
3 5 A DNA profile of a person required to submit a DNA sample
3 6 shall be completed within ninety days of the person submitting
3 7 the DNA sample.
3 8 Sec. 7. Section 229A.7, subsection 6, Code 2007, is
3 9 amended to read as follows:
3 10 6. If the court or jury determines that the respondent is
3 11 a sexually violent predator, the court shall order the
3 12 respondent to submit a DNA sample for DNA profiling pursuant
3 13 to section 81.4 if a DNA sample has not been previously
3 14 submitted pursuant to chapter 81.
3 15 Sec. 8. Section 232.52, subsection 10, Code Supplement
3 16 2007, is amended to read as follows:
3 17 10. The court shall order a juvenile adjudicated a
3 18 delinquent for an offense that requires DNA profiling under
3 19 section 81.2 to submit a DNA sample for DNA profiling pursuant
3 20 to section 81.4 if a DNA sample has not been previously
3 21 submitted pursuant to chapter 81.
3 22 Sec. 9. Section 331.653, Code 2007, is amended by adding
3 23 the following new subsection:
3 24 NEW SUBSECTION. 72. Carry out duties relating to
3 25 collecting DNA samples pursuant to section 81.4.
3 26 Sec. 10. Section 901.5, subsection 8A, paragraph a, Code
3 27 2007, is amended to read as follows:
3 28 a. The court shall order DNA profiling of a defendant
3 29 convicted of an offense that requires DNA profiling under
3 30 section 81.2, to submit a DNA sample for DNA profiling if a
3 31 DNA sample has not been previously submitted pursuant to
3 32 chapter 81.
3 33 Sec. 11. Section 906.4, unnumbered paragraph 3, Code 2007,
3 34 is amended to read as follows:
3 35 The board may order the defendant to provide a physical
4 1 specimen to be DNA sample for DNA profiling if a DNA sample
4 2 has not been submitted for DNA profiling pursuant to chapter
4 3 81 as a condition of parole or work release, if a DNA profile
4 4 has not been previously conducted pursuant to chapter 81. In
4 5 determining the appropriateness of ordering DNA profiling, the
4 6 board shall consider the deterrent effect of DNA profiling,
4 7 the likelihood of repeated offenses by the defendant, and the
4 8 seriousness of the offense.
4 9 Sec. 12. IMPLEMENTATION OF ACT. Section 25B.2, subsection
4 10 3, shall not apply to this Act.
4 11 EXPLANATION
4 12 This bill expands the number of persons required to submit
4 13 a DNA sample in a criminal proceeding.
4 14 The bill provides that a person arrested for an offense
4 15 classified as a felony shall submit a DNA sample for storage
4 16 in the DNA bank and DNA database maintained by the division of
4 17 criminal investigation of the department of public safety.
4 18 The bill also applies to juveniles taken into custody for an
4 19 offense classified as a felony if committed by an adult.
4 20 Current law requires a person to submit a DNA sample if
4 21 convicted, adjudicated delinquent, receiving a deferred
4 22 judgment, or found not guilty by reason of insanity of an
4 23 offense requiring DNA profiling pursuant to Code section 81.2.
4 24 The bill provides that upon admittance to a county jail,
4 25 the county sheriff shall collect a DNA sample from a person
4 26 arrested for a felony.
4 27 The bill also provides that if the offense which caused the
4 28 submission of a DNA sample is dismissed, the person who
4 29 submitted the DNA sample may file a written request along with
4 30 certified copies of relevant court records to expunge the DNA
4 31 record from the DNA bank and DNA database. Under the bill, if
4 32 the written request validates the dismissal of the charges the
4 33 division of criminal investigation shall expunge the DNA
4 34 record.
4 35 The bill also requires the DNA profile of a person required
5 1 to submit a DNA sample to be completed within 90 days of the
5 2 person submitting the DNA sample.
5 3 The bill may include a state mandate as defined in Code
5 4 section 25B.3. The bill makes inapplicable Code section
5 5 25B.2, subsection 3, which would relieve a political
5 6 subdivision from complying with a state mandate if funding for
5 7 the cost of the state mandate is not provided or specified.
5 8 Therefore, political subdivisions are required to comply with
5 9 any state mandate included in the bill.
5 10 LSB 6045YH 82
5 11 jm/rj/8