Senate Study Bill 3088 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED ATTORNEY GENERAL BILL) A BILL FOR An Act relating to criminal investigation, including the 1 extension of DNA submission requirements to persons 2 arrested for a felony or aggravated misdemeanor, and making 3 appropriations to support the investigation of cold cases. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5544XD (5) 91 as/js

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

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

S.F. _____ H.F. _____ is subject to judicial review pursuant to chapter 17A . The 1 department of public safety shall adopt rules governing the 2 expungement procedure and a review process. 3 3. The division of criminal investigation is not required 4 to expunge or destroy a DNA record pursuant to this section , 5 if expungement or destruction of the DNA record would destroy 6 evidence related to another person , or investigation . 7 DIVISION II 8 STANDING APPROPRIATION —— COLD CASES 9 Sec. 5. NEW SECTION . 13.12A Standing appropriation —— cold 10 cases. 11 For the fiscal year beginning July 1, 2026, and for each 12 fiscal year thereafter, there is appropriated from the 13 general fund of the state to the department of justice six 14 hundred thousand dollars for the purposes of investigation and 15 prosecution of cold cases. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 This bill relates to criminal investigations. The bill 20 extends DNA submission requirements to persons arrested for 21 a felony or aggravated misdemeanor, and provides a standing 22 appropriation to support the investigation of cold cases. 23 DIVISION I. Current law requires a person who receives a 24 deferred judgment for a felony or against whom a judgment or 25 conviction for a felony or aggravated misdemeanor has been 26 entered to submit a DNA sample for DNA profiling. 27 The bill provides that a person who is arrested for a felony 28 or aggravated misdemeanor, or who receives a deferred judgment 29 for a felony or against whom a judgment or conviction for a 30 felony or aggravated misdemeanor has been entered, shall be 31 required to submit a DNA sample for DNA profiling pursuant to 32 Code section 81.4. 33 The bill provides that a sample is not required if it is 34 determined that a sample has previously been taken, is in the 35 -3- LSB 5544XD (5) 91 as/js 3/ 4

S.F. _____ H.F. _____ possession of the DNA database or DNA data bank, and has not 1 been expunged. 2 The bill adds that a person may request expungement of the 3 person’s DNA record from the DNA database and DNA data bank 4 if the person’s arrest that led to the inclusion of the DNA 5 sample in the DNA database or DNA data bank has resulted in an 6 aggravated misdemeanor or felony charge that has been resolved 7 by dismissal or acquittal, or the failure to file an aggravated 8 misdemeanor or felony charge within one year of arrest. 9 DIVISION II. The bill provides a $600,000 standing 10 appropriation from the general fund of the state to the 11 department of justice each fiscal year beginning July 1, 2026, 12 for investigation and prosecution of cold cases. 13 -4- LSB 5544XD (5) 91 as/js 4/ 4