House File 2419 - Introduced
HOUSE FILE
BY WATTS, WINDSCHITL, D. TAYLOR,
HEATON, BAUDLER, TJEPKES,
DEYOE, ALONS, CHAMBERS, DRAKE,
L. MILLER, BOAL, DE BOEF,
KAUFMANN, SODERBERG, and WORTHAN
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act requiring an arrested person to submit a DNA sample if the
2 arrest is for a felony, and providing a contingent effective
3 date.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 6014YH 82
6 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. Section 229A.7, subsection 6, Code 2007, is
3 5 amended to read as follows:
3 6 6. If the court or jury determines that the respondent is
3 7 a sexually violent predator, the court shall order the
3 8 respondent to submit a DNA sample for DNA profiling pursuant
3 9 to section 81.4 if a DNA sample has not been previously
3 10 submitted pursuant to chapter 81.
3 11 Sec. 7. Section 232.52, subsection 10, Code Supplement
3 12 2007, is amended to read as follows:
3 13 10. The court shall order a juvenile adjudicated a
3 14 delinquent for an offense that requires DNA profiling under
3 15 section 81.2 to submit a DNA sample for DNA profiling pursuant
3 16 to section 81.4 if a DNA sample has not been previously
3 17 submitted pursuant to chapter 81.
3 18 Sec. 8. Section 331.653, Code 2007, is amended by adding
3 19 the following new subsection:
3 20 NEW SUBSECTION. 72. Carry out duties relating to
3 21 collecting DNA samples pursuant to section 81.4.
3 22 Sec. 9. Section 901.5, subsection 8A, paragraph a, Code
3 23 2007, is amended to read as follows:
3 24 a. The court shall order DNA profiling of a defendant
3 25 convicted of an offense that requires DNA profiling under
3 26 section 81.2, to submit a DNA sample for DNA profiling if a
3 27 DNA sample has not been previously submitted pursuant to
3 28 chapter 81.
3 29 Sec. 10. Section 906.4, unnumbered paragraph 3, Code 2007,
3 30 is amended to read as follows:
3 31 The board may order the defendant to provide a physical
3 32 specimen to be DNA sample for DNA profiling if a DNA sample
3 33 has not been submitted for DNA profiling pursuant to chapter
3 34 81 as a condition of parole or work release, if a DNA profile
3 35 has not been previously conducted pursuant to chapter 81. In
4 1 determining the appropriateness of ordering DNA profiling, the
4 2 board shall consider the deterrent effect of DNA profiling,
4 3 the likelihood of repeated offenses by the defendant, and the
4 4 seriousness of the offense.
4 5 Sec. 11. CONTINGENT EFFECTIVENESS. This Act shall not
4 6 take effect unless an appropriation is enacted or the state's
4 7 share of the cost of this Act is specified in accordance with
4 8 section 25B.2, subsection 3.
4 9 EXPLANATION
4 10 This bill expands the number of persons required to submit
4 11 a DNA sample in a criminal proceeding.
4 12 The bill provides that a person arrested for an offense
4 13 classified as a felony shall submit a DNA sample for storage
4 14 in the DNA bank and DNA database maintained by the division of
4 15 criminal investigation of the department of public safety.
4 16 The bill also applies to juveniles taken into custody for an
4 17 offense classified as a felony if committed by an adult.
4 18 Current law requires a person to submit a DNA sample if
4 19 convicted, adjudicated delinquent, receiving a deferred
4 20 judgment, or found not guilty by reason of insanity of an
4 21 offense requiring DNA profiling pursuant to Code section 81.2.
4 22 The bill provides that upon admittance to a county jail,
4 23 the county sheriff shall collect a DNA sample from a person
4 24 arrested for a felony.
4 25 The bill also provides that if the offense which caused the
4 26 submission of a DNA sample is dismissed, the person who
4 27 submitted the DNA sample may file a written request along with
4 28 certified copies of relevant court records to expunge the DNA
4 29 record from the DNA bank and DNA database. Under the bill, if
4 30 the written request validates the dismissal of the charges the
4 31 division of criminal investigation shall expunge the DNA
4 32 record.
4 33 The bill may include a state mandate and therefore contains
4 34 a contingent effectiveness provision which states that the
4 35 bill does not take effect unless the state complies with the
5 1 state mandate funding requirement of Code section 25B.2, which
5 2 mandates funding for the cost of the state mandate to be
5 3 provided or specified.
5 4 LSB 6014YH 82
5 5 jm/rj/8