SENATE/HOUSE FILE _____

BY  (PROPOSED DEPARTMENT OF PUBLIC SAFETY BILL)

A BILL FOR

An Act requiring an aggravated misdemeanant to submit a DNA sample and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 81.2, subsection 1, Code 2011, is amended to read as follows:
   1.  A person who receives a deferred judgment for a felony, aggravated misdemeanor, or against whom a judgment or conviction for a felony
 
or aggravated misdemeanor has been entered shall be required to submit a DNA sample for DNA profiling pursuant to section 81.4.
    Sec. 2.  Section 81.10, subsection 1, Code 2011, is amended to read as follows:
   1.  A defendant who has been convicted of a felony
 
or aggravated misdemeanor and who has not been required to submit a DNA sample for DNA profiling may make a motion to the court for an order to require that DNA analysis be performed on evidence collected in the case for which the person stands convicted.
    Sec. 3.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection 3, shall not apply to this Act.
    Sec. 4.  EFFECTIVE DATE.  This Act takes effect January 1, 2013.
EXPLANATION
   This bill requires an aggravated misdemeanant to submit a DNA sample.
   The bill requires a person convicted of or who receives a deferred judgment for an offense that is classified as an aggravated misdemeanor to submit a DNA sample for DNA profiling.
   Current law provides that a person who is convicted of or who receives a deferred judgment for an offense classified as a felony shall submit a DNA sample for 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.
   The bill takes effect January 1, 2013.