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 if the arrest is for a felony and providing for the reimbursement of costs.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 81.1, Code 2011, is amended by adding the following new subsections:
   NEW SUBSECTION.  01.  “Arrest” means the same as in section 804.5 and as “taking into custody” in section 232.2.
   NEW SUBSECTION.  001.  “Dismissal of the charges” means dismissal of the complaint, indictment, or information in adult court and dismissal of the complaint or petition in juvenile court.
   Sec. 2.  Section 81.1, subsection 8, Code 2011, is amended to read as follows:
   8.  “Person required to submit a DNA sample” means a person convicted, adjudicated delinquent, receiving a deferred judgment, or found not guilty by reason of insanity of an offense requiring DNA profiling pursuant to section 81.2. “Person required to submit a DNA sample” also means a person arrested for an offense classified as a felony and a person determined to be a sexually violent predator pursuant to section 229A.7.
   Sec. 3.  Section 81.2, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  01.  A person arrested for an offense classified as a felony shall be required to submit a DNA sample for DNA profiling pursuant to section 81.4.
   Sec. 4.  Section 81.4, subsection 2, Code 2011, is amended to read as follows:
   2.  A supervising agency having control, custody, or jurisdiction over a person shall collect a DNA sample from a person required to submit a DNA sample. The supervising agency shall collect a DNA sample, upon admittance to the pertinent institution, jail, or facility, of the person required to submit a DNA sample or at a determined date and time set by the supervising agency. If a person required to submit a DNA sample is confined at the time a DNA sample is required, the person shall submit a DNA sample as soon as practicable. If a person required to submit a DNA sample is not confined after the person is required to submit a DNA sample, the supervising agency shall determine the date and time to collect the DNA sample.
   Sec. 5.  Section 81.9, subsections 1 and 2, Code 2011, are amended to read as follows:
   1.  A person whose DNA record has been included in the DNA database or DNA data bank established pursuant to section 81.3 may request, in writing to the division of criminal investigation, expungement of the DNA record from the DNA database and DNA data bank based upon dismissal of the charges which caused the submission of the DNA sample, or the person’s conviction, adjudication, or civil commitment which caused the submission of the DNA sample being reversed on appeal and the case dismissed. The written request shall contain a certified copy of the final court order dismissing the charges or reversing the conviction, adjudication, or civil commitment, and a certified copy of the dismissal, and any other information necessary to ascertain the validity of the request.
   2.  The division of criminal investigation, upon receipt of a written request that validates the dismissal of the charges, or reversal on appeal of a person’s conviction, adjudication, or commitment, and subsequent dismissal of the case, or upon receipt of a written request by a person who voluntarily submitted a DNA sample pursuant to section 81.3, subsection 3, paragraph “b”, shall expunge all of the DNA records and identifiable information of the person in the DNA database and DNA data bank. However, if the division of criminal investigation determines that the person is otherwise obligated to submit a DNA sample, the DNA records shall not be expunged. If the division of criminal investigation denies an expungement request, the division shall notify the person requesting the expungement of the decision not to expunge the DNA record and the reason supporting its decision. The division of criminal investigation decision is subject to judicial review pursuant to chapter 17A. The department of public safety shall adopt rules governing the expungement procedure and a review process.
   Sec. 6.  Section 229A.7, subsection 6, Code 2011, is amended to read as follows:
   6.  If the court or jury determines that the respondent is a sexually violent predator, the court shall order the respondent to submit a DNA sample for DNA profiling pursuant to section 81.4 if a DNA sample has not been previously submitted pursuant to chapter 81.
   Sec. 7.  Section 232.52, subsection 11, Code 2011, is amended to read as follows:
   11.  The court shall order a juvenile adjudicated a delinquent for an offense that requires DNA profiling under section 81.2 to submit a DNA sample for DNA profiling pursuant to section 81.4 if a DNA sample has not been previously submitted pursuant to chapter 81.
   Sec. 8.  Section 331.653, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  72.  Carry out duties relating to collecting DNA samples pursuant to section 81.4.
   Sec. 9.  Section 901.5, subsection 8A, paragraph a, Code 2011, is amended to read as follows:
   a.  The court shall orderDNA profiling of a defendant convicted of an offense that requires DNA profiling under section 81.2, to submit a DNA sample for DNA profiling if a DNA sample has not been previously submitted pursuant to chapter 81.
   Sec. 10.  Section 906.4, subsection 3, paragraph a, Code 2011, is amended to read as follows:
   a.  The board may order the defendant to provide a physical specimen to be DNA sample for DNA profiling if a DNA sample has not been submitted for DNA profiling pursuant to chapter 81 as a condition of parole or work release, if a DNA profile has not been previously conducted pursuant to chapter 81. In determining the appropriateness of ordering DNA profiling, the board shall consider the deterrent effect of DNA profiling, the likelihood of repeated offenses by the defendant, and the seriousness of the offense.
   Sec. 11.  Section 910.1, subsection 4, Code 2011, is amended to read as follows:
   4.  “Restitution” means payment of pecuniary damages to a victim in an amount and in the manner provided by the offender’s plan of restitution. “Restitution” also includes fines, penalties, and surcharges, the contribution of funds to a local anticrime organization which provided assistance to law enforcement in an offender’s case, the payment of crime victim compensation program reimbursements, payment of restitution to public agencies pursuant to section 321J.2, subsection 13, paragraph “b”, court costs including correctional fees approved pursuant to section 356.7, reimbursement of costs to an agency performing DNA profiling pursuant to chapter 81, court-appointed attorney fees ordered pursuant to section 815.9, including the expense of a public defender, and the performance of a public service by an offender in an amount set by the court when the offender cannot reasonably pay all or part of the court costs including correctional fees approved pursuant to section 356.7, or court-appointed attorney fees ordered pursuant to section 815.9, including the expense of a public defender.
   Sec. 12.  Section 910.2, Code 2011, is amended to read as follows:
   910.2  Restitution or community service to be ordered by sentencing court.
   1.  In all criminal cases in which there is a plea of guilty, verdict of guilty, or special verdict upon which a judgment of conviction is rendered, the sentencing court shall order that restitution be made by each offender to the victims of the offender’s criminal activities, to the clerk of court for fines, penalties, surcharges, and, to the extent that the offender is reasonably able to pay, for crime victim assistance reimbursement, restitution to public agencies pursuant to section 321J.2, subsection 13, paragraph “b”, court costs including correctional fees approved pursuant to section 356.7, reimbursement of costs to an agency performing DNA profiling pursuant to chapter 81, court-appointed attorney fees ordered pursuant to section 815.9, including the expense of a public defender, when applicable, contribution to a local anticrime organization, or restitution to the medical assistance program pursuant to chapter 249A for expenditures paid on behalf of the victim resulting from the offender’s criminal activities. However, victims shall be paid in full before fines, penalties, and surcharges, crime victim compensation program reimbursement, public agencies, court costs including correctional fees approved pursuant to section 356.7, reimbursement of costs to an agency performing DNA profiling pursuant to chapter 81, court-appointed attorney fees ordered pursuant to section 815.9, including the expenses of a public defender, contributions to a local anticrime organization, or the medical assistance program are paid. In structuring a plan of restitution, the court shall provide for payments in the following order of priority:  victim, fines, penalties, and surcharges, crime victim compensation program reimbursement, public agencies, court costs including correctional fees approved pursuant to section 356.7, reimbursement of costs to an agency performing DNA profiling pursuant to chapter 81, court-appointed attorney fees ordered pursuant to section 815.9, including the expense of a public defender, contribution to a local anticrime organization, and the medical assistance program.
   2.  When the offender is not reasonably able to pay all or a part of the crime victim compensation program reimbursement, public agency restitution, court costs including correctional fees approved pursuant to section 356.7, reimbursement of costs to an agency performing DNA profiling pursuant to chapter 81, court-appointed attorney fees ordered pursuant to section 815.9, including the expense of a public defender, contribution to a local anticrime organization, or medical assistance program restitution, the court may require the offender in lieu of that portion of the crime victim compensation program reimbursement, public agency restitution, court costs including correctional fees approved pursuant to section 356.7, reimbursement of costs to an agency performing DNA profiling pursuant to chapter 81, court-appointed attorney fees ordered pursuant to section 815.9, including the expense of a public defender, contribution to a local anticrime organization, or medical assistance program restitution for which the offender is not reasonably able to pay, to perform a needed public service for a governmental agency or for a private nonprofit agency which provides a service to the youth, elderly, or poor of the community. When community service is ordered, the court shall set a specific number of hours of service to be performed by the offender which, for payment of court-appointed attorney fees ordered pursuant to section 815.9, including the expenses of a public defender, shall be approximately equivalent in value to those costs. The judicial district department of correctional services shall provide for the assignment of the offender to a public agency or private nonprofit agency to perform the required service.
   Sec. 13.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection 3, shall not apply to this Act.
EXPLANATION
   This bill expands the number of persons required to submit a DNA sample in a criminal proceeding.
   The bill provides that a person arrested for an offense classified as a felony shall submit a DNA sample for storage in the DNA bank and DNA database maintained by the division of criminal investigation of the department of public safety. The bill also applies to juveniles taken into custody for an offense classified as a felony if committed by an adult.
   Current law requires a person to submit a DNA sample if convicted, adjudicated delinquent, receiving a deferred judgment, or found not guilty by reason of insanity of an offense requiring DNA profiling pursuant to Code section 81.2.
   The bill provides that upon admittance to a county jail, the county sheriff shall collect a DNA sample from a person arrested for a felony.
   The bill also provides that if the offense which caused the submission of a DNA sample is dismissed, the person who submitted the DNA sample may file a written request along with certified copies of relevant court records to expunge the DNA record from the DNA bank and DNA database. Under the bill, if the written request validates the dismissal of the charges the division of criminal investigation shall expunge the DNA record.
   The bill requires any person required to submit a DNA sample for DNA profiling under Code chapter 81 to reimburse the agency performing the DNA profiling for performing such DNA profiling.
   The bill may include a state mandate as defined in Code section 25B.3. The bill makes inapplicable Code section 25B.2, subsection 3, which would relieve a political subdivision from complying with a state mandate if funding for the cost of the state mandate is not provided or specified. Therefore, political subdivisions are required to comply with any state mandate included in the bill.