House Study Bill 524 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED ATTORNEY GENERAL BILL) A BILL FOR An Act requiring a person convicted of or receiving a deferred 1 judgment for an aggravated misdemeanor to submit a DNA 2 sample and including a contingent effective date. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5148DP (2) 84 jm/rj
S.F. _____ H.F. _____ 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 81.10, subsection 1, Code 2011, is amended 8 to read as follows: 9 1. A defendant who has been convicted of a felony or 10 aggravated misdemeanor and who has not been required to submit 11 a DNA sample for DNA profiling may make a motion to the court 12 for an order to require that DNA analysis be performed on 13 evidence collected in the case for which the person stands 14 convicted. 15 Sec. 3. IMPLEMENTATION OF ACT. Section 25B.2, subsection 16 3, shall not apply to this Act. 17 Sec. 4. CONTINGENT EFFECTIVE DATE —— DEPARTMENT OF PUBLIC 18 SAFETY AND CODE EDITOR RESPONSIBILITIES. 19 1. This Act takes effect the later of July 1, 2012, or on 20 the date sufficient funds have been appropriated or received to 21 pay the costs to implement this Act. 22 2. The commissioner of public safety shall notify the Code 23 editor when sufficient funds have been appropriated or are 24 received to pay the costs to implement this Act. 25 EXPLANATION 26 This bill requires a person convicted of an aggravated 27 misdemeanor to submit a DNA sample. 28 The bill requires a person convicted of or who receives 29 a deferred judgment for an offense that is classified as 30 an aggravated misdemeanor to submit a DNA sample for DNA 31 profiling. 32 Current law provides that a person who is convicted of or 33 who receives a deferred judgment for an offense classified as a 34 felony shall submit a DNA sample for DNA profiling. 35 -1- LSB 5148DP (2) 84 jm/rj 1/ 2
S.F. _____ H.F. _____ The bill may include a state mandate as defined in Code 1 section 25B.3. The bill makes inapplicable Code section 25B.2, 2 subsection 3, which would relieve a political subdivision from 3 complying with a state mandate if funding for the cost of 4 the state mandate is not provided or specified. Therefore, 5 political subdivisions are required to comply with any state 6 mandate included in the bill. 7 The bill takes effect the later of July 1, 2012, or when 8 sufficient funds are appropriated or received by the department 9 of public safety to implement the bill. 10 -2- LSB 5148DP (2) 84 jm/rj 2/ 2