H.F. 2398 Section 1. Section 81.1, Code 2009, is amended by adding the 1 following new subsections: 2 NEW SUBSECTION . 0A. “Arrest” means the same as in section 3 804.5 and as “taking into custody” in section 232.2. 4 NEW SUBSECTION . 0B. “Dismissal of the charges” means 5 dismissal of the complaint, indictment, or information in adult 6 court and dismissal of the complaint or petition in juvenile 7 court. 8 Sec. 2. Section 81.1, subsection 8, Code 2009, is amended 9 to read as follows: 10 8. “Person required to submit a DNA sample” means a person 11 convicted, adjudicated delinquent, receiving a deferred 12 judgment, or found not guilty by reason of insanity of 13 an offense requiring DNA profiling pursuant to section 14 81.2. “Person required to submit a DNA sample” also means a 15 person arrested for an offense classified as a felony and a 16 person determined to be a sexually violent predator pursuant 17 to section 229A.7. 18 Sec. 3. Section 81.2, Code 2009, is amended by adding the 19 following new subsection: 20 NEW SUBSECTION . 0A. A person arrested for an offense 21 classified as a felony shall be required to submit a DNA sample 22 for DNA profiling pursuant to section 81.4. 23 Sec. 4. Section 81.4, subsection 2, Code 2009, is amended 24 to read as follows: 25 2. A supervising agency having control, custody, or 26 jurisdiction over a person shall collect a DNA sample from a 27 person required to submit a DNA sample. The supervising agency 28 shall collect a DNA sample, upon admittance to the pertinent 29 institution , jail, or facility, of the person required to 30 submit a DNA sample or at a determined date and time set by 31 the supervising agency. If a person required to submit a DNA 32 sample is confined at the time a DNA sample is required, the 33 person shall submit a DNA sample as soon as practicable. If a 34 person required to submit a DNA sample is not confined after 35 -1- LSB 5483HH (3) 83 jm/nh 1/ 7

H.F. 2398 the person is required to submit a DNA sample, the supervising 1 agency shall determine the date and time to collect the DNA 2 sample. 3 Sec. 5. Section 81.9, subsections 1 and 2, Code 2009, are 4 amended to read as follows: 5 1. A person whose DNA record has been included in the DNA 6 database or DNA data bank established pursuant to section 7 81.3 may request, in writing to the division of criminal 8 investigation, expungement of the DNA record from the DNA 9 database and DNA data bank based upon dismissal of the charges 10 which caused the submission of the DNA sample, or the person’s 11 conviction, adjudication, or civil commitment which caused 12 the submission of the DNA sample being reversed on appeal 13 and the case dismissed. The written request shall contain a 14 certified copy of the final court order dismissing the charges 15 or reversing the conviction, adjudication, or civil commitment, 16 and a certified copy of the dismissal, and any other 17 information necessary to ascertain the validity of the request. 18 2. The division of criminal investigation, upon receipt of 19 a written request that validates the dismissal of the charges, 20 or reversal on appeal of a person’s conviction, adjudication, 21 or commitment, and subsequent dismissal of the case, or upon 22 receipt of a written request by a person who voluntarily 23 submitted a DNA sample pursuant to section 81.3, subsection 24 3, paragraph “b” , shall expunge all of the DNA records and 25 identifiable information of the person in the DNA database 26 and DNA data bank. However, if the division of criminal 27 investigation determines that the person is otherwise obligated 28 to submit a DNA sample, the DNA records shall not be expunged. 29 If the division of criminal investigation denies an expungement 30 request, the division shall notify the person requesting the 31 expungement of the decision not to expunge the DNA record and 32 the reason supporting its decision. The division of criminal 33 investigation decision is subject to judicial review pursuant 34 to chapter 17A. The department of public safety shall adopt 35 -2- LSB 5483HH (3) 83 jm/nh 2/ 7

H.F. 2398 rules governing the expungement procedure and a review process. 1 Sec. 6. Section 229A.7, subsection 6, Code Supplement 2009, 2 is amended to read as follows: 3 6. If the court or jury determines that the respondent is a 4 sexually violent predator, the court shall order the respondent 5 to submit a DNA sample for DNA profiling pursuant to section 6 81.4 if a DNA sample has not been previously submitted pursuant 7 to chapter 81 . 8 Sec. 7. Section 232.52, subsection 11, Code Supplement 9 2009, is amended to read as follows: 10 11. The court shall order a juvenile adjudicated a 11 delinquent for an offense that requires DNA profiling under 12 section 81.2 to submit a DNA sample for DNA profiling pursuant 13 to section 81.4 if a DNA sample has not been previously 14 submitted pursuant to chapter 81 . 15 Sec. 8. Section 331.653, Code Supplement 2009, is amended by 16 adding the following new subsection: 17 NEW SUBSECTION . 72. Carry out duties relating to collecting 18 DNA samples pursuant to section 81.4. 19 Sec. 9. Section 901.5, subsection 8A, paragraph a, Code 20 2009, is amended to read as follows: 21 a. The court shall order DNA profiling of a defendant 22 convicted of an offense that requires DNA profiling under 23 section 81.2 , to submit a DNA sample for DNA profiling if a DNA 24 sample has not been previously submitted pursuant to chapter 25 81 . 26 Sec. 10. Section 906.4, unnumbered paragraph 3, Code 2009, 27 is amended to read as follows: 28 The board may order the defendant to provide a physical 29 specimen to be DNA sample for DNA profiling if a DNA sample 30 has not been submitted for DNA profiling pursuant to chapter 31 81 as a condition of parole or work release , if a DNA profile 32 has not been previously conducted pursuant to chapter 81 . In 33 determining the appropriateness of ordering DNA profiling, the 34 board shall consider the deterrent effect of DNA profiling, 35 -3- LSB 5483HH (3) 83 jm/nh 3/ 7

H.F. 2398 the likelihood of repeated offenses by the defendant, and the 1 seriousness of the offense. 2 Sec. 11. Section 910.1, subsection 4, Code 2009, is amended 3 to read as follows: 4 4. “Restitution” means payment of pecuniary damages to 5 a victim in an amount and in the manner provided by the 6 offender’s plan of restitution. “Restitution” also includes 7 fines, penalties, and surcharges, the contribution of funds to 8 a local anticrime organization which provided assistance to law 9 enforcement in an offender’s case, the payment of crime victim 10 compensation program reimbursements, payment of restitution 11 to public agencies pursuant to section 321J.2, subsection 12 9, paragraph “b” , court costs including correctional fees 13 approved pursuant to section 356.7, reimbursement of costs 14 to an agency performing DNA profiling pursuant to chapter 15 81, court-appointed attorney fees ordered pursuant to section 16 815.9, including the expense of a public defender, and the 17 performance of a public service by an offender in an amount set 18 by the court when the offender cannot reasonably pay all or 19 part of the court costs including correctional fees approved 20 pursuant to section 356.7, or court-appointed attorney fees 21 ordered pursuant to section 815.9, including the expense of a 22 public defender. 23 Sec. 12. Section 910.2, Code 2009, is amended to read as 24 follows: 25 910.2 Restitution or community service to be ordered by 26 sentencing court. 27 1. In all criminal cases in which there is a plea of 28 guilty, verdict of guilty, or special verdict upon which a 29 judgment of conviction is rendered, the sentencing court 30 shall order that restitution be made by each offender to the 31 victims of the offender’s criminal activities, to the clerk 32 of court for fines, penalties, surcharges, and, to the extent 33 that the offender is reasonably able to pay, for crime victim 34 assistance reimbursement, restitution to public agencies 35 -4- LSB 5483HH (3) 83 jm/nh 4/ 7

H.F. 2398 pursuant to section 321J.2, subsection 9, paragraph “b” , court 1 costs including correctional fees approved pursuant to section 2 356.7, reimbursement of costs to an agency performing DNA 3 profiling pursuant to chapter 81, court-appointed attorney 4 fees ordered pursuant to section 815.9, including the expense 5 of a public defender, when applicable, or contribution to 6 a local anticrime organization. However, victims shall be 7 paid in full before fines, penalties, and surcharges, crime 8 victim compensation program reimbursement, public agencies, 9 court costs including correctional fees approved pursuant to 10 section 356.7, reimbursement of costs to an agency performing 11 DNA profiling pursuant to chapter 81, court-appointed attorney 12 fees ordered pursuant to section 815.9, including the expenses 13 of a public defender, or contributions to a local anticrime 14 organization are paid. In structuring a plan of restitution, 15 the court shall provide for payments in the following order 16 of priority: victim, fines, penalties, and surcharges, crime 17 victim compensation program reimbursement, public agencies, 18 court costs including correctional fees approved pursuant to 19 section 356.7, reimbursement of costs to an agency performing 20 DNA profiling pursuant to chapter 81, court-appointed attorney 21 fees ordered pursuant to section 815.9, including the expense 22 of a public defender, and contribution to a local anticrime 23 organization. 24 2. When the offender is not reasonably able to pay all or a 25 part of the crime victim compensation program reimbursement, 26 public agency restitution, court costs including correctional 27 fees approved pursuant to section 356.7, reimbursement of 28 costs to an agency performing DNA profiling pursuant to 29 chapter 81, court-appointed attorney fees ordered pursuant to 30 section 815.9, including the expense of a public defender, 31 or contribution to a local anticrime organization, the 32 court may require the offender in lieu of that portion of 33 the crime victim compensation program reimbursement, public 34 agency restitution, court costs including correctional fees 35 -5- LSB 5483HH (3) 83 jm/nh 5/ 7

H.F. 2398 approved pursuant to section 356.7, reimbursement of costs 1 to an agency performing DNA profiling pursuant to chapter 2 81, court-appointed attorney fees ordered pursuant to 3 section 815.9, including the expense of a public defender, or 4 contribution to a local anticrime organization for which the 5 offender is not reasonably able to pay, to perform a needed 6 public service for a governmental agency or for a private 7 nonprofit agency which provides a service to the youth, 8 elderly, or poor of the community. When community service is 9 ordered, the court shall set a specific number of hours of 10 service to be performed by the offender which, for payment 11 of court-appointed attorney fees ordered pursuant to section 12 815.9, including the expenses of a public defender, shall be 13 approximately equivalent in value to those costs. The judicial 14 district department of correctional services shall provide for 15 the assignment of the offender to a public agency or private 16 nonprofit agency to perform the required service. 17 Sec. 13. CONTINGENT EFFECTIVENESS. This Act shall not take 18 effect unless an appropriation is enacted or the state’s share 19 of the cost of this Act is specified in accordance with section 20 25B.2, subsection 3. 21 EXPLANATION 22 This bill expands the number of persons required to submit a 23 DNA sample in a criminal proceeding. 24 The bill provides that a person arrested for an offense 25 classified as a felony shall submit a DNA sample for storage 26 in the DNA bank and DNA database maintained by the division 27 of criminal investigation of the department of public safety. 28 The bill also applies to juveniles taken into custody for an 29 offense classified as a felony if committed by an adult. 30 Current law requires a person to submit a DNA sample if 31 convicted, adjudicated delinquent, receiving a deferred 32 judgment, or found not guilty by reason of insanity of an 33 offense requiring DNA profiling pursuant to Code section 81.2. 34 The bill provides that upon admittance to a county jail, 35 -6- LSB 5483HH (3) 83 jm/nh 6/ 7

H.F. 2398 the county sheriff shall collect a DNA sample from a person 1 arrested for a felony. 2 The bill also provides that if the offense which caused 3 the submission of a DNA sample is dismissed, the person who 4 submitted the DNA sample may file a written request along with 5 certified copies of relevant court records to expunge the DNA 6 record from the DNA bank and DNA database. Under the bill, 7 if the written request validates the dismissal of the charges 8 the division of criminal investigation shall expunge the DNA 9 record. 10 The bill requires any person required to submit a DNA sample 11 for DNA profiling under Code chapter 81 to reimburse the agency 12 performing the DNA profiling for performing such DNA profiling. 13 The bill may include a state mandate and therefore contains 14 a contingent effectiveness provision which states that the 15 bill does not take effect unless the state complies with the 16 state mandate funding requirement of Code section 25B.2, which 17 mandates funding for the cost of the state mandate to be 18 provided or specified. 19 -7- LSB 5483HH (3) 83 jm/nh 7/ 7