House
Study
Bill
51
-
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
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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H.F.
_____
Section
1.
Section
81.2,
subsection
1,
Code
2013,
is
amended
1
to
read
as
follows:
2
1.
A
person
who
receives
a
deferred
judgment
for
a
felony
or
3
aggravated
misdemeanor
or
against
whom
a
judgment
or
conviction
4
for
a
felony
or
aggravated
misdemeanor
has
been
entered
shall
5
be
required
to
submit
a
DNA
sample
for
DNA
profiling
pursuant
6
to
section
81.4
.
7
Sec.
2.
Section
81.10,
subsection
1,
Code
2013,
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.
EFFECTIVE
DATE.
This
Act
takes
effect
July
1,
2014.
18
EXPLANATION
19
Current
law
provides
that
a
person
who
is
convicted
of
or
20
who
receives
a
deferred
judgment
for
an
offense
classified
as
a
21
felony
shall
submit
a
DNA
sample
for
DNA
profiling.
22
This
bill
requires
a
person
convicted
of
or
who
receives
23
a
deferred
judgment
for
an
offense
that
is
classified
as
24
an
aggravated
misdemeanor
to
submit
a
DNA
sample
for
DNA
25
profiling.
26
The
bill
allows
a
defendant
convicted
of
an
aggravated
27
misdemeanor
and
who
has
not
been
required
to
submit
a
DNA
28
sample
to
move
the
court
to
order
DNA
profiling
of
evidence
29
collected
in
the
defendant’s
case.
30
The
bill
may
include
a
state
mandate
as
defined
in
Code
31
section
25B.3.
The
bill
makes
inapplicable
Code
section
25B.2,
32
subsection
3,
which
would
relieve
a
political
subdivision
from
33
complying
with
a
state
mandate
if
funding
for
the
cost
of
34
the
state
mandate
is
not
provided
or
specified.
Therefore,
35
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H.F.
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political
subdivisions
are
required
to
comply
with
any
state
1
mandate
included
in
the
bill.
2
The
bill
takes
effect
July
1,
2014.
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