House File 593 - Introduced



                                       HOUSE FILE       
                                       BY  HEATON


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act requiring a person arrested for a felony to submit a DNA
  2    sample, and providing a contingent effective date.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1455YH 82
  5 jm/es/88

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 2007, is amended by adding the
  1 20 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 2007, is
  3 12 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 1455YH 82
  5  5 jm:rj/es/88