House
Study
Bill
67
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
PUBLIC
SAFETY
BILL
BY
CHAIRPERSON
BAUDLER)
A
BILL
FOR
An
Act
requiring
an
arrested
person
to
submit
a
DNA
sample
1
if
the
arrest
is
for
a
felony
and
providing
for
the
2
reimbursement
of
costs.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
81.1,
Code
2011,
is
amended
by
adding
the
1
following
new
subsections:
2
NEW
SUBSECTION
.
01.
“Arrest”
means
the
same
as
in
section
3
804.5
and
as
“taking
into
custody”
in
section
232.2.
4
NEW
SUBSECTION
.
001.
“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
2011,
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
an
13
offense
requiring
DNA
profiling
pursuant
to
section
81.2
.
14
“Person
required
to
submit
a
DNA
sample”
also
means
a
person
15
arrested
for
an
offense
classified
as
a
felony
and
a
person
16
determined
to
be
a
sexually
violent
predator
pursuant
to
17
section
229A.7
.
18
Sec.
3.
Section
81.2,
Code
2011,
is
amended
by
adding
the
19
following
new
subsection:
20
NEW
SUBSECTION
.
01.
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
2011,
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
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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
2011,
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
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rules
governing
the
expungement
procedure
and
a
review
process.
1
Sec.
6.
Section
229A.7,
subsection
6,
Code
2011,
is
amended
2
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
2011,
is
amended
9
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
2011,
is
amended
by
adding
the
16
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
2011,
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,
subsection
3,
paragraph
a,
Code
27
2011,
is
amended
to
read
as
follows:
28
a.
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,
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the
likelihood
of
repeated
offenses
by
the
defendant,
and
the
1
seriousness
of
the
offense.
2
Sec.
11.
Section
910.1,
subsection
4,
Code
2011,
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
13
,
paragraph
“b”
,
court
costs
including
correctional
fees
13
approved
pursuant
to
section
356.7
,
reimbursement
of
costs
to
14
an
agency
performing
DNA
profiling
pursuant
to
chapter
81,
15
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
2011,
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
guilty,
28
verdict
of
guilty,
or
special
verdict
upon
which
a
judgment
29
of
conviction
is
rendered,
the
sentencing
court
shall
order
30
that
restitution
be
made
by
each
offender
to
the
victims
of
31
the
offender’s
criminal
activities,
to
the
clerk
of
court
for
32
fines,
penalties,
surcharges,
and,
to
the
extent
that
the
33
offender
is
reasonably
able
to
pay,
for
crime
victim
assistance
34
reimbursement,
restitution
to
public
agencies
pursuant
to
35
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section
321J.2,
subsection
13
,
paragraph
“b”
,
court
costs
1
including
correctional
fees
approved
pursuant
to
section
356.7
,
2
reimbursement
of
costs
to
an
agency
performing
DNA
profiling
3
pursuant
to
chapter
81,
court-appointed
attorney
fees
ordered
4
pursuant
to
section
815.9
,
including
the
expense
of
a
public
5
defender,
when
applicable,
contribution
to
a
local
anticrime
6
organization,
or
restitution
to
the
medical
assistance
7
program
pursuant
to
chapter
249A
for
expenditures
paid
on
8
behalf
of
the
victim
resulting
from
the
offender’s
criminal
9
activities.
However,
victims
shall
be
paid
in
full
before
10
fines,
penalties,
and
surcharges,
crime
victim
compensation
11
program
reimbursement,
public
agencies,
court
costs
including
12
correctional
fees
approved
pursuant
to
section
356.7
,
13
reimbursement
of
costs
to
an
agency
performing
DNA
profiling
14
pursuant
to
chapter
81,
court-appointed
attorney
fees
ordered
15
pursuant
to
section
815.9
,
including
the
expenses
of
a
public
16
defender,
contributions
to
a
local
anticrime
organization,
or
17
the
medical
assistance
program
are
paid.
In
structuring
a
plan
18
of
restitution,
the
court
shall
provide
for
payments
in
the
19
following
order
of
priority:
victim,
fines,
penalties,
and
20
surcharges,
crime
victim
compensation
program
reimbursement,
21
public
agencies,
court
costs
including
correctional
fees
22
approved
pursuant
to
section
356.7
,
reimbursement
of
costs
to
23
an
agency
performing
DNA
profiling
pursuant
to
chapter
81,
24
court-appointed
attorney
fees
ordered
pursuant
to
section
25
815.9
,
including
the
expense
of
a
public
defender,
contribution
26
to
a
local
anticrime
organization,
and
the
medical
assistance
27
program.
28
2.
When
the
offender
is
not
reasonably
able
to
pay
all
or
a
29
part
of
the
crime
victim
compensation
program
reimbursement,
30
public
agency
restitution,
court
costs
including
correctional
31
fees
approved
pursuant
to
section
356.7
,
reimbursement
of
costs
32
to
an
agency
performing
DNA
profiling
pursuant
to
chapter
81,
33
court-appointed
attorney
fees
ordered
pursuant
to
section
34
815.9
,
including
the
expense
of
a
public
defender,
contribution
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to
a
local
anticrime
organization,
or
medical
assistance
1
program
restitution,
the
court
may
require
the
offender
2
in
lieu
of
that
portion
of
the
crime
victim
compensation
3
program
reimbursement,
public
agency
restitution,
court
costs
4
including
correctional
fees
approved
pursuant
to
section
356.7
,
5
reimbursement
of
costs
to
an
agency
performing
DNA
profiling
6
pursuant
to
chapter
81,
court-appointed
attorney
fees
ordered
7
pursuant
to
section
815.9
,
including
the
expense
of
a
public
8
defender,
contribution
to
a
local
anticrime
organization,
or
9
medical
assistance
program
restitution
for
which
the
offender
10
is
not
reasonably
able
to
pay,
to
perform
a
needed
public
11
service
for
a
governmental
agency
or
for
a
private
nonprofit
12
agency
which
provides
a
service
to
the
youth,
elderly,
or
poor
13
of
the
community.
When
community
service
is
ordered,
the
court
14
shall
set
a
specific
number
of
hours
of
service
to
be
performed
15
by
the
offender
which,
for
payment
of
court-appointed
attorney
16
fees
ordered
pursuant
to
section
815.9
,
including
the
expenses
17
of
a
public
defender,
shall
be
approximately
equivalent
in
18
value
to
those
costs.
The
judicial
district
department
of
19
correctional
services
shall
provide
for
the
assignment
of
the
20
offender
to
a
public
agency
or
private
nonprofit
agency
to
21
perform
the
required
service.
22
Sec.
13.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
23
3,
shall
not
apply
to
this
Act.
24
EXPLANATION
25
This
bill
expands
the
number
of
persons
required
to
submit
a
26
DNA
sample
in
a
criminal
proceeding.
27
The
bill
provides
that
a
person
arrested
for
an
offense
28
classified
as
a
felony
shall
submit
a
DNA
sample
for
storage
29
in
the
DNA
bank
and
DNA
database
maintained
by
the
division
30
of
criminal
investigation
of
the
department
of
public
safety.
31
The
bill
also
applies
to
juveniles
taken
into
custody
for
an
32
offense
classified
as
a
felony
if
committed
by
an
adult.
33
Current
law
requires
a
person
to
submit
a
DNA
sample
if
34
convicted,
adjudicated
delinquent,
receiving
a
deferred
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judgment,
or
found
not
guilty
by
reason
of
insanity
of
an
1
offense
requiring
DNA
profiling
pursuant
to
Code
section
81.2.
2
The
bill
provides
that
upon
admittance
to
a
county
jail,
3
the
county
sheriff
shall
collect
a
DNA
sample
from
a
person
4
arrested
for
a
felony.
5
The
bill
also
provides
that
if
the
offense
which
caused
6
the
submission
of
a
DNA
sample
is
dismissed,
the
person
who
7
submitted
the
DNA
sample
may
file
a
written
request
along
with
8
certified
copies
of
relevant
court
records
to
expunge
the
DNA
9
record
from
the
DNA
bank
and
DNA
database.
Under
the
bill,
10
if
the
written
request
validates
the
dismissal
of
the
charges
11
the
division
of
criminal
investigation
shall
expunge
the
DNA
12
record.
13
The
bill
requires
any
person
required
to
submit
a
DNA
sample
14
for
DNA
profiling
under
Code
chapter
81
to
reimburse
the
agency
15
performing
the
DNA
profiling
for
performing
such
DNA
profiling.
16
The
bill
may
include
a
state
mandate
as
defined
in
Code
17
section
25B.3.
The
bill
makes
inapplicable
Code
section
25B.2,
18
subsection
3,
which
would
relieve
a
political
subdivision
from
19
complying
with
a
state
mandate
if
funding
for
the
cost
of
20
the
state
mandate
is
not
provided
or
specified.
Therefore,
21
political
subdivisions
are
required
to
comply
with
any
state
22
mandate
included
in
the
bill.
23
-7-
LSB
2016HC
(3)
84
jm/nh
7/
7