House File 403 - Introduced HOUSE FILE 403 BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HSB 67) A BILL FOR An Act requiring a person convicted of an aggravated 1 misdemeanor to submit a DNA sample and providing for the 2 reimbursement of costs. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2016HV (2) 84 jm/nh

H.F. 403 Section 1. Section 81.2, subsection 1, Code 2011, is amended 1 to read as follows: 2 1. A person who receives a deferred judgment for a 3 felony , aggravated misdemeanor, or against whom a judgment or 4 conviction for a felony or aggravated misdemeanor has been 5 entered shall be required to submit a DNA sample for DNA 6 profiling pursuant to section 81.4 . 7 Sec. 2. Section 81.4, subsection 2, Code 2011, is amended 8 to read as follows: 9 2. A supervising agency having control, custody, or 10 jurisdiction over a person shall collect a DNA sample from a 11 person required to submit a DNA sample. The supervising agency 12 shall collect a DNA sample, upon admittance to the pertinent 13 institution , jail, or facility, of the person required to 14 submit a DNA sample or at a determined date and time set by 15 the supervising agency. If a person required to submit a DNA 16 sample is confined at the time a DNA sample is required, the 17 person shall submit a DNA sample as soon as practicable. If a 18 person required to submit a DNA sample is not confined after 19 the person is required to submit a DNA sample, the supervising 20 agency shall determine the date and time to collect the DNA 21 sample. 22 Sec. 3. Section 81.10, subsection 1, Code 2011, is amended 23 to read as follows: 24 1. A defendant who has been convicted of a felony or 25 aggravated misdemeanor and who has not been required to submit 26 a DNA sample for DNA profiling may make a motion to the court 27 for an order to require that DNA analysis be performed on 28 evidence collected in the case for which the person stands 29 convicted. 30 Sec. 4. Section 910.1, subsection 4, Code 2011, is amended 31 to read as follows: 32 4. “Restitution” means payment of pecuniary damages to 33 a victim in an amount and in the manner provided by the 34 offender’s plan of restitution. “Restitution” also includes 35 -1- LSB 2016HV (2) 84 jm/nh 1/ 5

H.F. 403 fines, penalties, and surcharges, the contribution of funds to 1 a local anticrime organization which provided assistance to law 2 enforcement in an offender’s case, the payment of crime victim 3 compensation program reimbursements, payment of restitution 4 to public agencies pursuant to section 321J.2, subsection 5 13 , paragraph “b” , court costs including correctional fees 6 approved pursuant to section 356.7 , reimbursement of costs to 7 an agency performing DNA profiling pursuant to chapter 81, 8 court-appointed attorney fees ordered pursuant to section 9 815.9 , including the expense of a public defender, and the 10 performance of a public service by an offender in an amount set 11 by the court when the offender cannot reasonably pay all or 12 part of the court costs including correctional fees approved 13 pursuant to section 356.7 , or court-appointed attorney fees 14 ordered pursuant to section 815.9 , including the expense of a 15 public defender. 16 Sec. 5. Section 910.2, Code 2011, is amended to read as 17 follows: 18 910.2 Restitution or community service to be ordered by 19 sentencing court. 20 1. In all criminal cases in which there is a plea of guilty, 21 verdict of guilty, or special verdict upon which a judgment 22 of conviction is rendered, the sentencing court shall order 23 that restitution be made by each offender to the victims of 24 the offender’s criminal activities, to the clerk of court for 25 fines, penalties, surcharges, and, to the extent that the 26 offender is reasonably able to pay, for crime victim assistance 27 reimbursement, restitution to public agencies pursuant to 28 section 321J.2, subsection 13 , paragraph “b” , court costs 29 including correctional fees approved pursuant to section 356.7 , 30 reimbursement of costs to an agency performing DNA profiling 31 pursuant to chapter 81, court-appointed attorney fees ordered 32 pursuant to section 815.9 , including the expense of a public 33 defender, when applicable, contribution to a local anticrime 34 organization, or restitution to the medical assistance 35 -2- LSB 2016HV (2) 84 jm/nh 2/ 5

H.F. 403 program pursuant to chapter 249A for expenditures paid on 1 behalf of the victim resulting from the offender’s criminal 2 activities. However, victims shall be paid in full before 3 fines, penalties, and surcharges, crime victim compensation 4 program reimbursement, public agencies, court costs including 5 correctional fees approved pursuant to section 356.7 , 6 reimbursement of costs to an agency performing DNA profiling 7 pursuant to chapter 81, court-appointed attorney fees ordered 8 pursuant to section 815.9 , including the expenses of a public 9 defender, contributions to a local anticrime organization, or 10 the medical assistance program are paid. In structuring a plan 11 of restitution, the court shall provide for payments in the 12 following order of priority: victim, fines, penalties, and 13 surcharges, crime victim compensation program reimbursement, 14 public agencies, court costs including correctional fees 15 approved pursuant to section 356.7 , reimbursement of costs to 16 an agency performing DNA profiling pursuant to chapter 81, 17 court-appointed attorney fees ordered pursuant to section 18 815.9 , including the expense of a public defender, contribution 19 to a local anticrime organization, and the medical assistance 20 program. 21 2. When the offender is not reasonably able to pay all or a 22 part of the crime victim compensation program reimbursement, 23 public agency restitution, court costs including correctional 24 fees approved pursuant to section 356.7 , reimbursement of costs 25 to an agency performing DNA profiling pursuant to chapter 81, 26 court-appointed attorney fees ordered pursuant to section 27 815.9 , including the expense of a public defender, contribution 28 to a local anticrime organization, or medical assistance 29 program restitution, the court may require the offender 30 in lieu of that portion of the crime victim compensation 31 program reimbursement, public agency restitution, court costs 32 including correctional fees approved pursuant to section 356.7 , 33 reimbursement of costs to an agency performing DNA profiling 34 pursuant to chapter 81, court-appointed attorney fees ordered 35 -3- LSB 2016HV (2) 84 jm/nh 3/ 5

H.F. 403 pursuant to section 815.9 , including the expense of a public 1 defender, contribution to a local anticrime organization, or 2 medical assistance program restitution for which the offender 3 is not reasonably able to pay, to perform a needed public 4 service for a governmental agency or for a private nonprofit 5 agency which provides a service to the youth, elderly, or poor 6 of the community. When community service is ordered, the court 7 shall set a specific number of hours of service to be performed 8 by the offender which, for payment of court-appointed attorney 9 fees ordered pursuant to section 815.9 , including the expenses 10 of a public defender, shall be approximately equivalent in 11 value to those costs. The judicial district department of 12 correctional services shall provide for the assignment of the 13 offender to a public agency or private nonprofit agency to 14 perform the required service. 15 Sec. 6. IMPLEMENTATION OF ACT. Section 25B.2, subsection 16 3, shall not apply to this Act. 17 EXPLANATION 18 This bill expands the number of persons required to submit a 19 DNA sample in a criminal proceeding. 20 The bill requires a person convicted of or who receives 21 a deferred judgment for an offense that is classified as 22 an aggravated misdemeanor to submit a DNA sample for DNA 23 profiling. 24 Current law provides that a person who is convicted of or 25 who receives a deferred judgment for an offense classified as a 26 felony shall submit a DNA sample for DNA profiling. 27 The bill provides that upon admittance to a county jail, 28 the county sheriff shall collect a DNA sample from a person 29 convicted of an aggravated misdemeanor. 30 The bill requires any person required to submit a DNA sample 31 for DNA profiling under Code chapter 81 to reimburse the agency 32 performing the DNA profiling for performing such DNA profiling. 33 The bill may include a state mandate as defined in Code 34 section 25B.3. The bill makes inapplicable Code section 25B.2, 35 -4- LSB 2016HV (2) 84 jm/nh 4/ 5

H.F. 403 subsection 3, which would relieve a political subdivision from 1 complying with a state mandate if funding for the cost of 2 the state mandate is not provided or specified. Therefore, 3 political subdivisions are required to comply with any state 4 mandate included in the bill. 5 -5- LSB 2016HV (2) 84 jm/nh 5/ 5