House File 2624 - Introduced HOUSE FILE 2624 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 571) A BILL FOR An Act relating to criminal investigation, including the 1 extension of DNA submission requirements to persons arrested 2 for a felony or aggravated misdemeanor. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5544HV (2) 91 as/js

H.F. 2624 Section 1. Section 81.1, subsection 12, Code 2026, is 1 amended to read as follows: 2 12. “Person required to submit a DNA sample” means a person 3 arrested, convicted, adjudicated delinquent, receiving a 4 deferred judgment, or found not guilty by reason of insanity 5 of an offense requiring DNA profiling pursuant to section 6 81.2 . “Person required to submit a DNA sample” also means a 7 person determined to be a sexually violent predator pursuant 8 to section 229A.7 . 9 Sec. 2. Section 81.2, subsections 1 and 5, Code 2026, are 10 amended to read as follows: 11 1. A person who is arrested for a felony or aggravated 12 misdemeanor or who receives a deferred judgment for a felony 13 or against whom a judgment or conviction for a felony or 14 aggravated misdemeanor has been entered shall be required to 15 submit a DNA sample for DNA profiling pursuant to section 81.4 . 16 5. An offender placed on probation shall immediately report 17 to the judicial district department of correctional services 18 after sentencing so it can be determined if the offender 19 has been arrested or convicted of an offense requiring DNA 20 profiling. If it is determined by the judicial district that 21 DNA profiling is required, the offender shall immediately 22 submit a DNA sample. 23 Sec. 3. Section 81.2, Code 2026, is amended by adding the 24 following new subsection: 25 NEW SUBSECTION . 7. A sample is not required pursuant to 26 this section if it is determined that a sample has previously 27 been taken, is in the possession of the DNA database or DNA 28 data bank established pursuant to section 81.3, and has not 29 been expunged pursuant to section 81.9. 30 Sec. 4. Section 81.9, Code 2026, is amended to read as 31 follows: 32 81.9 Expungement of DNA records. 33 1. A person whose DNA record has been included in the DNA 34 database or DNA data bank established pursuant to section 35 -1- LSB 5544HV (2) 91 as/js 1/ 3

H.F. 2624 81.3 may request, in writing to the division of criminal 1 investigation, expungement of the DNA record from the DNA 2 database and DNA data bank based upon the shall have the 3 person’s DNA record automatically expunged within thirty days 4 of the occurrence of either of the following: 5 a. The person’s conviction, adjudication, or civil 6 commitment which that caused the submission of the DNA sample 7 being reversed on appeal and the case dismissed. The written 8 request shall contain a certified copy of the final court order 9 reversing the conviction, adjudication, or civil commitment, 10 and a certified copy of the dismissal, and any other 11 information necessary to ascertain the validity of the request. 12 b. The person’s arrest that led to the inclusion of the DNA 13 sample in the DNA database or DNA data bank has resulted in an 14 aggravated misdemeanor or felony charge that has been resolved 15 by dismissal or acquittal, or the failure to file an aggravated 16 misdemeanor or felony charge within one year of arrest. 17 2. The division of criminal investigation, upon receipt of a 18 written request that validates reversal on appeal of a person’s 19 conviction, adjudication, or commitment, and subsequent 20 dismissal of the case, or upon receipt of a written request 21 by a person who voluntarily submitted a DNA sample pursuant 22 to section 81.3, subsection 3 , paragraph “b” being notified 23 that a person’s DNA record is eligible for expungement under 24 subsection 1, paragraph “a” or “b” , shall expunge all of the 25 DNA records and identifiable information of the person in the 26 DNA database and DNA data bank. However, if the division of 27 criminal investigation determines that the person is otherwise 28 obligated to submit a DNA sample, the DNA records shall not be 29 expunged. If the division of criminal investigation denies 30 an expungement request, the division shall notify the person 31 requesting the expungement of the decision not to expunge 32 the DNA record and the reason supporting its decision. The 33 division of criminal investigation decision is subject to 34 judicial review pursuant to chapter 17A . The department of 35 -2- LSB 5544HV (2) 91 as/js 2/ 3

H.F. 2624 public safety shall adopt rules governing the expungement 1 procedure and a review process. 2 3. The division of criminal investigation is not required 3 to expunge or destroy a DNA record pursuant to this section , 4 if expungement or destruction of the DNA record would destroy 5 evidence related to another person , or investigation . 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 This bill relates to criminal investigations. The bill 10 extends DNA submission requirements to persons arrested for a 11 felony or aggravated misdemeanor. 12 Current law requires a person who receives a deferred 13 judgment for a felony or against whom a judgment or conviction 14 for a felony or aggravated misdemeanor has been entered to 15 submit a DNA sample for DNA profiling. 16 The bill provides that a person who is arrested for a felony 17 or aggravated misdemeanor, or who receives a deferred judgment 18 for a felony or against whom a judgment or conviction for a 19 felony or aggravated misdemeanor has been entered, shall be 20 required to submit a DNA sample for DNA profiling pursuant to 21 Code section 81.4. 22 The bill provides that a sample is not required if it is 23 determined that a sample has previously been taken, is in the 24 possession of the DNA database or DNA data bank, and has not 25 been expunged. 26 The bill provides that a person whose DNA record has been 27 included in the DNA database or DNA data bank shall have the 28 person’s DNA record automatically expunged within 30 days if: 29 the person’s conviction, adjudication, or civil commitment is 30 reversed on appeal and the case is dismissed; or the person’s 31 arrest resulted in an aggravated misdemeanor or felony charge 32 that has been resolved by dismissal or acquittal, or the case 33 was not filed within a year. 34 -3- LSB 5544HV (2) 91 as/js 3/ 3