Senate
File
2304
-
Introduced
SENATE
FILE
2304
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
3028)
A
BILL
FOR
An
Act
requiring
an
aggravated
misdemeanant
to
submit
a
DNA
1
sample
and
including
effective
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5306SV
(3)
84
jm/rj
S.F.
2304
Section
1.
Section
81.1,
Code
2011,
is
amended
by
adding
the
1
following
new
subsection:
2
NEW
SUBSECTION
.
01.
“Aggravated
misdemeanor”
means
any
3
aggravated
misdemeanor
offense
except
for
an
aggravated
4
misdemeanor
offense
under
section
321.561,
section
714.2,
5
subsection
3,
or
section
714.7.
6
Sec.
2.
Section
81.2,
subsection
1,
Code
2011,
is
amended
7
to
read
as
follows:
8
1.
A
person
who
receives
a
deferred
judgment
for
a
9
felony
,
aggravated
misdemeanor,
or
against
whom
a
judgment
or
10
conviction
for
a
felony
or
aggravated
misdemeanor
has
been
11
entered
shall
be
required
to
submit
a
DNA
sample
for
DNA
12
profiling
pursuant
to
section
81.4
.
13
Sec.
3.
Section
81.10,
subsection
1,
Code
2011,
is
amended
14
to
read
as
follows:
15
1.
A
defendant
who
has
been
convicted
of
a
felony
or
16
aggravated
misdemeanor
and
who
has
not
been
required
to
submit
17
a
DNA
sample
for
DNA
profiling
may
make
a
motion
to
the
court
18
for
an
order
to
require
that
DNA
analysis
be
performed
on
19
evidence
collected
in
the
case
for
which
the
person
stands
20
convicted.
21
Sec.
4.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
22
3,
shall
not
apply
to
this
Act.
23
Sec.
5.
EFFECTIVE
DATE.
This
Act
takes
effect
July
1,
2013.
24
EXPLANATION
25
This
bill
requires
an
aggravated
misdemeanant
to
submit
a
26
DNA
sample.
27
The
bill
requires
a
person
convicted
of
or
who
receives
28
a
deferred
judgment
for
an
offense
that
is
classified
as
29
an
aggravated
misdemeanor
to
submit
a
DNA
sample
for
DNA
30
profiling.
31
The
following
aggravated
misdemeanor
offenses
do
not
require
32
a
person
to
submit
a
DNA
sample;
operating
a
motor
vehicle
as
a
33
habitual
offender
in
violation
of
Code
section
321.561,
theft
34
in
the
third
degree
in
violation
of
Code
section
714.2(3),
35
-1-
LSB
5306SV
(3)
84
jm/rj
1/
2
S.F.
2304
and
operating
a
motor
vehicle
without
the
owner’s
consent
in
1
violation
of
Code
section
714.7.
2
Current
law
provides
that
a
person
who
is
convicted
of
or
3
who
receives
a
deferred
judgment
for
an
offense
classified
as
a
4
felony
shall
submit
a
DNA
sample
for
DNA
profiling.
5
The
bill
may
include
a
state
mandate
as
defined
in
Code
6
section
25B.3.
The
bill
makes
inapplicable
Code
section
25B.2,
7
subsection
3,
which
would
relieve
a
political
subdivision
from
8
complying
with
a
state
mandate
if
funding
for
the
cost
of
9
the
state
mandate
is
not
provided
or
specified.
Therefore,
10
political
subdivisions
are
required
to
comply
with
any
state
11
mandate
included
in
the
bill.
12
The
bill
takes
effect
July
1,
2013.
13
-2-
LSB
5306SV
(3)
84
jm/rj
2/
2