Senate Study Bill 1034 SENATE/HOUSE FILE BY (PROPOSED ATTORNEY GENERAL BILL) 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 1371DP 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 1371DP 83 2 4 jm/rj/14