S.F. _____ H.F. _____ Section 1. Section 81.1, Code 2018, is amended by adding the 1 following new subsections: 2 NEW SUBSECTION . 1A. “Combined DNA index system” means a 3 national, searchable DNA database created and maintained by the 4 federal bureau of investigation where DNA profiles are stored 5 and searched at a local, state, or national level. 6 NEW SUBSECTION . 8A. “DNA testing” means a test to analyze 7 physical and biological evidence from a DNA sample including 8 analysis that might not result in the establishment of a 9 complete DNA profile. 10 NEW SUBSECTION . 8B. “Keyboard search” means a search under 11 which information obtained from a DNA sample is compared with 12 information in the combined DNA index system without resulting 13 in the information obtained from the DNA sample being included 14 in the combined DNA index system. 15 Sec. 2. Section 81.10, subsection 1, Code 2018, is amended 16 to read as follows: 17 1. A defendant who has been convicted of a felony or 18 aggravated misdemeanor and who has not been required to submit 19 a DNA sample for DNA profiling may make a motion to the court 20 for an order to require that DNA analysis be performed on 21 evidence collected in the case for which the person stands 22 convicted. 23 Sec. 3. Section 81.10, subsection 2, paragraph l, Code 2018, 24 is amended to read as follows: 25 l. Why the DNA evidence would have changed the outcome of 26 the trial or invalidated a guilty plea if the requested DNA 27 profiling testing had been conducted prior to the conviction. 28 Sec. 4. Section 81.10, subsections 3 and 4, Code 2018, are 29 amended to read as follows: 30 3. A motion filed under this section shall be filed in 31 the county where the defendant was convicted, and notice 32 of the motion shall be served by certified mail upon the 33 county attorney and, if known, upon the state, local agency, 34 or laboratory holding evidence described in subsection 2 , 35 -1- LSB 5230XD (3) 87 jm/rh 1/ 6

S.F. _____ H.F. _____ paragraph “k” “j” . The county attorney shall have sixty days to 1 file an answer to the motion. 2 4. Any DNA profiling testing that results in a profile 3 of the defendant , an unknown person, or other biological 4 evidence testing conducted by the state or by the defendant 5 shall be disclosed and the results of such profiling or testing 6 described in the motion or answer. 7 Sec. 5. Section 81.10, subsection 7, paragraph a, Code 2018, 8 is amended to read as follows: 9 a. The evidence subject to DNA testing is available and in 10 a condition that will permit analysis. and any of the following 11 apply: 12 (1) DNA testing has not been performed on the evidence. 13 (2) DNA testing has been previously performed on the 14 evidence and the defendant is requesting DNA testing using a 15 new method or technology that is substantially more probative 16 than the DNA testing previously performed. 17 Sec. 6. Section 81.10, subsection 7, paragraph e, Code 2018, 18 is amended to read as follows: 19 e. DNA analysis of the evidence The DNA testing results 20 would raise a reasonable probability that the defendant would 21 not have been convicted if DNA profiling had been available at 22 the time of the conviction and had been conducted prior to the 23 conviction such results have been introduced at trial . 24 Sec. 7. Section 81.10, subsection 8, Code 2018, is amended 25 to read as follows: 26 8. a. Upon the court granting a motion filed pursuant 27 to this section , DNA analysis of evidence shall be conducted 28 within the guidelines generally accepted by the scientific 29 community. The defendant shall provide DNA samples for testing 30 if requested by the state. 31 b. In response to a motion filed pursuant to this section, 32 and after proper notice to the parties including an entity 33 required to perform the search, the court may order the entity 34 that has access to the combined DNA index system to do any of 35 -2- LSB 5230XD (3) 87 jm/rh 2/ 6

S.F. _____ H.F. _____ the following: 1 (1) Compare a DNA profile obtained from a DNA sample 2 gathered in connection with the investigation or prosecution 3 of a defendant against DNA data banks contained within the 4 combined DNA index system through the use of a keyboard search. 5 (2) Utilize a search method similar to a keyboard search 6 that does not involve uploading the DNA profile to the DNA data 7 bank if the court determines all of the following apply: 8 (a) The DNA profile complies with federal bureau of 9 investigation requirements or state requirements, whichever are 10 applicable, as such requirements are applied to law enforcement 11 agencies seeking such a comparison, and the data bank meets 12 national DNA index system or state DNA index system criteria, 13 whichever is applicable. 14 (b) If a comparison of the DNA profile had been conducted 15 and if the results had been admitted at trial resulting in 16 a verdict of guilty, a reasonable probability exists that 17 the verdict would have been more favorable to the defendant, 18 or in a case involving a plea of guilty, if the results had 19 been available to the defendant prior to the guilty plea, a 20 reasonable probability exists that a conviction would not have 21 resulted. 22 Sec. 8. Section 669.14, subsection 14, Code 2018, is amended 23 to read as follows: 24 14. Any claim arising from or related to the collection of 25 a DNA sample for DNA profiling pursuant to section 81.4 or a 26 DNA profiling or testing procedure performed by the division of 27 criminal investigation, department of public safety. 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 This bill relates to a defendant filing a motion for an order 32 to require that DNA analysis be performed on evidence after 33 conviction. 34 The bill replaces the term “DNA profiling” with “DNA 35 -3- LSB 5230XD (3) 87 jm/rh 3/ 6

S.F. _____ H.F. _____ testing” for purposes of Code section 81.10 (DNA profiling 1 after conviction) and makes other changes to Code section 2 81.10. The bill defines “DNA testing” to mean a test to 3 analyze physical and biological evidence from a DNA sample 4 including analysis that might not result in the establishment 5 of a complete DNA profile. Under current law, “DNA profiling” 6 is defined to mean the procedure established by the division 7 of criminal investigation, department of public safety, for 8 determining a person’s genetic identity. 9 The bill also defines “combined DNA index system” to mean a 10 national, searchable DNA database created and maintained by the 11 federal bureau of investigation where DNA profiles are stored 12 and searched at a local, state, or national level. 13 The bill defines “keyboard search” to mean a search under 14 which information obtained from a DNA sample is compared with 15 information in the combined DNA index system without resulting 16 in the information obtained from the DNA sample being included 17 in the combined DNA index system. 18 The bill provides that a defendant who has been convicted 19 of a felony or an aggravated misdemeanor may make a motion for 20 an order to require that DNA analysis be performed on evidence 21 collected in the case for which the defendant stands convicted. 22 Current law requires such a defendant to have not previously 23 submitted a DNA sample for DNA profiling prior to the filing 24 of such a motion. 25 The bill requires the defendant’s motion for an order to 26 require DNA analysis be performed on evidence collected in the 27 case to include a statement detailing why the DNA evidence 28 would have changed the outcome of the trial or invalidated a 29 guilty plea if the requested DNA testing had been conducted 30 prior to the conviction. Current law requires such motion to 31 state why the DNA evidence would have changed the outcome of 32 the trial or invalidated a guilty plea if DNA profiling had 33 been conducted prior to conviction. 34 The bill specifies that the defendant’s motion shall be 35 -4- LSB 5230XD (3) 87 jm/rh 4/ 6

S.F. _____ H.F. _____ served upon the laboratory, if known by the defendant, holding 1 the biological evidence. 2 The bill requires that any DNA testing that results in a 3 DNA profile of the defendant or an unknown person, or other 4 biological evidence conducted by the state or by the defendant 5 shall be disclosed and the results of such testing be described 6 in the motion or answer. Current law requires DNA profiling, 7 not DNA testing results, be disclosed and does not require 8 disclosure when the DNA profiling results in the DNA profile of 9 an unknown person. 10 The bill specifies that the court shall grant the 11 defendant’s motion for an order to require that DNA analysis 12 be performed on evidence collected in the case for which 13 the person stands convicted when either DNA testing has not 14 been performed on the evidence or when DNA testing has been 15 previously performed on the evidence and the defendant is 16 requesting DNA testing using a new method or technology that is 17 substantially more probative than prior DNA testing, and when 18 the other conditions under Code section 81.10(7) have been met. 19 Additionally, the bill specifies that the defendant’s motion 20 shall be granted when the DNA testing results would raise a 21 reasonable probability that the defendant would not have been 22 convicted if such results had been introduced at trial, and 23 additional conditions under Code section 81.10(7) have been 24 met. 25 Upon the court granting a defendant’s motion under the 26 bill, DNA analysis of evidence shall be conducted within the 27 guidelines generally accepted by the scientific community, 28 and the court may order an entity that has access to the 29 combined DNA index system to do the following: compare a DNA 30 profile obtained from a DNA sample gathered in connection 31 with the prosecution of the defendant against the DNA data 32 banks contained within the combined DNA index system by using 33 a keyboard search; or utilize a search method similar to a 34 keyboard search that does not involve uploading the DNA profile 35 -5- LSB 5230XD (3) 87 jm/rh 5/ 6

S.F. _____ H.F. _____ to the DNA data bank. 1 The court may order another comparison search method 2 other than a keyboard search of the DNA data bank if all of 3 the following apply: the DNA profile complies with federal 4 bureau of investigation requirements or state requirements, 5 whichever are applicable, as such requirements are applied to 6 law enforcement agencies seeking such a comparison, and the 7 data bank meets national DNA index system criteria or state 8 DNA index system criteria, whichever is applicable; and if a 9 comparison of the DNA profile had been conducted and if the 10 results had been admitted at trial resulting in a verdict 11 of guilty, a reasonable probability exists that the verdict 12 would have been more favorable to the defendant, or in a case 13 involving a plea of guilty, if the results had been available 14 to the defendant prior to the guilty plea, a reasonable 15 probability exists that a conviction would not have resulted. 16 The bill provides that Code chapter 669 (state tort claims) 17 does not apply to any claim arising from or related to the 18 collection of a DNA sample for DNA testing performed by the 19 division of criminal investigation of the department of public 20 safety. Under current law, Code chapter 669 does not apply to 21 any claim arising from or related to the collection of a DNA 22 sample for DNA profiling performed by the division of criminal 23 investigation of the department of public safety. 24 -6- LSB 5230XD (3) 87 jm/rh 6/ 6