Senate File 97 - Introduced





                                       SENATE FILE       
                                       BY  COMMITTEE ON JUDICIARY

                                       (SUCCESSOR TO SSB 1034)


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

                                      A BILL FOR

  1 An Act requiring a person convicted of an aggravated misdemeanor
  2    to submit a DNA sample and providing an effective date.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1371SV 83
  5 jm/rj/14

PAG LIN



  1  1    Section 1.  Section 81.2, subsection 1, Code 2009, is
  1  2 amended to read as follows:
  1  3    1.  A person who receives a deferred judgment for a felony,
  1  4 aggravated misdemeanor, or against whom a judgment or
  1  5 conviction for a felony or aggravated misdemeanor has been
  1  6 entered shall be required to submit a DNA sample for DNA
  1  7 profiling pursuant to section 81.4.
  1  8    Sec. 2.  Section 81.10, subsection 1, Code 2009, is amended
  1  9 to read as follows:
  1 10    1.  A defendant who has been convicted of a felony or
  1 11 aggravated misdemeanor and who has not been required to submit
  1 12 a DNA sample for DNA profiling may make a motion to the court
  1 13 for an order to require that DNA analysis be performed on
  1 14 evidence collected in the case for which the person stands
  1 15 convicted.
  1 16    Sec. 3.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection
  1 17 3, shall not apply to this Act.
  1 18    Sec. 4.  EFFECTIVE DATE.  This Act takes effect January 1,
  1 19 2010.
  1 20                           EXPLANATION
  1 21    This bill requires a person convicted of an aggravated
  1 22 misdemeanor to submit a DNA sample.
  1 23    The bill requires a person convicted of or who receives a
  1 24 deferred judgment for an offense that is classified as an
  1 25 aggravated misdemeanor to submit a DNA sample for DNA
  1 26 profiling.
  1 27    Current law provides that a person who is convicted of or
  1 28 who receives a deferred judgment for an offense classified as
  1 29 a felony shall submit a DNA sample for DNA profiling.
  1 30    The bill may include a state mandate as defined in Code
  1 31 section 25B.3.  The bill makes inapplicable Code section
  1 32 25B.2, subsection 3, which would relieve a political
  1 33 subdivision from complying with a state mandate if funding for
  1 34 the cost of the state mandate is not provided or specified.
  1 35 Therefore, political subdivisions are required to comply with
  2  1 any state mandate included in the bill.
  2  2    The bill takes effect January 1, 2010.
  2  3 LSB 1371SV 83
  2  4 jm/rj/14