House
File
2450
-
Reprinted
HOUSE
FILE
2450
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
581)
(As
Amended
and
Passed
by
the
House
March
7,
2018
)
A
BILL
FOR
An
Act
relating
to
DNA
profiling
of
certain
criminal
offenders.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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Section
1.
Section
81.1,
Code
2018,
is
amended
to
read
as
1
follows:
2
81.1
Definitions.
3
As
used
in
this
chapter
,
unless
the
context
otherwise
4
requires:
5
1.
“Aggravated
misdemeanor”
means
an
offense
classified
as
6
an
aggravated
misdemeanor
committed
by
a
person
eighteen
years
7
of
age
or
older
on
or
after
July
1,
2014,
other
than
any
of
the
8
following
offenses:
9
a.
A
violation
of
chapter
321
.
10
b.
A
second
offense
violation
of
section
321J.2
,
unless
11
the
person
has
more
than
one
previous
revocation
as
determined
12
pursuant
to
section
321J.2
,
subsection
8,
within
the
13
twelve-year
period
immediately
preceding
the
commission
of
the
14
offense
in
question.
15
c.
A
violation
of
chapter
716B
.
16
d.
A
violation
of
chapter
717A
.
17
e.
A
violation
of
section
725.7
.
18
2.
“Combined
DNA
index
system”
means
a
national,
searchable
19
DNA
database
created
and
maintained
by
the
federal
bureau
of
20
investigation
where
DNA
profiles
are
stored
and
searched
at
a
21
local,
state,
or
national
level.
22
2.
3.
“DNA”
means
deoxyribonucleic
acid.
23
3.
4.
“DNA
data
bank”
means
the
repository
for
DNA
samples
24
obtained
pursuant
to
section
81.4
.
25
4.
5.
“DNA
database”
means
the
collection
of
DNA
profiles
26
and
DNA
records.
27
5.
6.
“DNA
profile”
means
the
objective
form
of
the
results
28
of
DNA
analysis
performed
on
a
DNA
sample.
The
results
of
29
all
DNA
identification
analysis
on
an
individual’s
DNA
sample
30
are
also
collectively
referred
to
as
the
DNA
profile
of
an
31
individual.
“DNA
profile”
also
means
the
objective
form
of
32
the
results
of
DNA
analysis
performed
on
a
forensic
sample,
to
33
the
extent
that
sufficient
biological
material
is
present
to
34
develop
a
valid
DNA
profile.
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6.
7.
“DNA
profiling”
means
the
procedure
established
by
1
the
division
of
criminal
investigation,
department
of
public
2
safety,
for
determining
a
person’s
genetic
identity.
3
7.
8.
“DNA
record”
means
the
DNA
sample
and
DNA
profile,
4
and
other
records
in
the
DNA
database
and
DNA
data
bank
used
to
5
identify
a
person.
6
8.
9.
“DNA
sample”
means
a
biological
sample
provided
by
7
any
person
required
to
submit
a
DNA
sample
or
a
DNA
sample
8
submitted
for
any
other
purpose
under
section
81.4
.
9
10.
“DNA
testing”
means
a
test
to
analyze
physical
and
10
biological
evidence
from
a
DNA
sample
including
analysis
11
that
might
not
result
in
the
establishment
of
a
complete
DNA
12
profile.
13
11.
“Forensic
sample”
means
an
evidentiary
item
that
may
14
contain
DNA
relevant
to
a
crime.
15
12.
“Keyboard
search”
means
a
manual
keyboard
search
16
conducted
in
accordance
with
the
current
version
of
the
17
national
DNA
index
system
operational
procedures
manual.
18
9.
13.
“Person
required
to
submit
a
DNA
sample”
means
a
19
person
convicted,
adjudicated
delinquent,
receiving
a
deferred
20
judgment,
or
found
not
guilty
by
reason
of
insanity
of
an
21
offense
requiring
DNA
profiling
pursuant
to
section
81.2
.
22
“Person
required
to
submit
a
DNA
sample”
also
means
a
person
23
determined
to
be
a
sexually
violent
predator
pursuant
to
24
section
229A.7
.
25
Sec.
2.
Section
81.10,
Code
2018,
is
amended
to
read
as
26
follows:
27
81.10
DNA
profiling
after
conviction.
28
1.
A
defendant
who
has
been
convicted
of
a
felony
or
29
aggravated
misdemeanor
and
who
has
not
been
required
to
30
submit
a
DNA
sample
for
DNA
profiling
may
make
a
motion
to
the
31
court
for
an
order
to
require
that
DNA
analysis
profiling
be
32
performed
on
evidence
a
forensic
sample
collected
in
the
case
33
for
which
the
person
stands
convicted.
34
2.
The
motion
shall
state
the
following:
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a.
The
specific
crimes
for
which
the
defendant
stands
1
convicted
in
this
case.
2
b.
The
facts
of
the
underlying
case,
as
proven
at
trial
or
3
admitted
to
during
a
guilty
plea
proceeding.
4
c.
Whether
any
of
the
charges
include
sexual
abuse
or
5
involve
sexual
assault,
and
if
so,
whether
a
sexual
assault
6
examination
was
conducted
and
evidence
forensic
samples
were
7
preserved,
if
known.
8
d.
Whether
identity
was
at
issue
or
contested
by
the
9
defendant.
10
e.
Whether
the
defendant
offered
an
alibi,
and
if
so,
11
testimony
corroborating
the
alibi
and,
from
whom.
12
f.
Whether
eyewitness
testimony
was
offered,
and
if
so
from
13
whom.
14
g.
Whether
any
issues
of
police
or
prosecutor
misconduct
15
have
been
raised
in
the
past
or
are
being
raised
by
the
motion.
16
h.
The
type
of
inculpatory
evidence
admitted
into
evidence
17
at
trial
or
admitted
to
during
a
guilty
plea
proceeding.
18
i.
Whether
blood
testing
or
other
biological
evidence
19
testing
was
conducted
previously
in
connection
with
the
case
20
and,
if
so,
by
whom
and
the
result,
if
known.
21
j.
What
biological
evidence
exists
and,
if
known,
the
agency
22
or
laboratory
storing
the
evidence
forensic
sample
that
the
23
defendant
seeks
to
have
tested.
24
k.
Why
the
requested
analysis
of
DNA
evidence
a
forensic
25
sample
is
material
to
the
issue
in
the
case
and
not
merely
26
cumulative
or
impeaching.
27
l.
Why
the
DNA
evidence
results
would
have
changed
the
28
outcome
of
the
trial
or
invalidated
a
guilty
plea
if
the
29
requested
DNA
profiling
had
been
conducted
prior
to
the
30
conviction.
31
3.
A
motion
filed
under
this
section
shall
be
filed
in
32
the
county
where
the
defendant
was
convicted,
and
notice
33
of
the
motion
shall
be
served
by
certified
mail
upon
the
34
county
attorney
and,
if
known,
upon
the
state,
local
agency,
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or
laboratory
holding
evidence
described
in
subsection
2,
1
paragraph
“k”
.
The
county
attorney
shall
have
sixty
days
to
2
file
an
answer
to
the
motion.
The
motion
shall
be
heard
in,
3
and
before
any
judge
of
the
court
in
which
the
defendant’s
4
conviction
or
sentence
took
place.
A
record
of
the
proceedings
5
shall
be
made
and
preserved.
All
rules
and
statutes
applicable
6
in
civil
proceedings
including
pretrial
and
discovery
7
procedures
shall
be
available
to
the
parties.
The
court
may
8
receive
proof
of
affidavits,
depositions,
oral
testimony,
or
9
other
evidence,
and
may
order
the
defendant
brought
before
it
10
for
the
hearing
on
the
motion.
11
4.
Any
Subject
to
section
81.8,
any
DNA
profiling
of
the
12
defendant
,
an
unknown
person,
or
other
biological
evidence
13
testing
conducted
by
the
state
or
by
the
defendant
shall
be
14
disclosed
and
the
results
of
such
DNA
profiling
or
other
15
testing
described
in
the
motion
or
answer.
16
5.
If
the
evidence
forensic
sample
requested
to
be
tested
17
was
previously
subjected
to
DNA
or
other
biological
analysis
18
by
either
party,
the
court
may
order
the
disclosure
of
the
19
results
of
such
testing,
including
laboratory
reports,
notes,
20
and
underlying
data,
to
the
court
and
the
parties.
21
6.
The
court
may
order
a
hearing
on
the
motion
to
determine
22
if
evidence
the
forensic
sample
should
be
subjected
to
DNA
23
analysis
profiling
.
24
7.
The
court
shall
grant
the
motion
if
all
of
the
following
25
apply:
26
a.
The
evidence
forensic
sample
subject
to
DNA
testing
27
profiling
is
available
and
in
a
condition
that
will
permit
28
analysis.
any
of
the
following
apply:
29
(1)
DNA
profiling
has
not
been
performed
on
the
forensic
30
sample.
31
(2)
DNA
profiling
has
been
previously
performed
on
32
the
forensic
sample
and
the
defendant
is
requesting
DNA
33
profiling
using
a
new
method
or
technology
approved
by
the
34
accrediting
organization
and
authorized
by
the
federal
bureau
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of
investigation
for
DNA
profiling
that
is
substantially
more
1
probative
than
the
DNA
profiling
previously
performed.
2
b.
A
sufficient
chain
of
custody
has
been
established
for
3
the
evidence
forensic
sample
.
4
c.
The
identity
of
the
person
who
committed
the
crime
for
5
which
the
defendant
was
convicted
was
a
significant
issue
in
6
the
crime
for
which
the
defendant
was
convicted.
7
d.
The
evidence
forensic
sample
subject
to
DNA
analysis
8
profiling
is
material
to,
and
not
merely
cumulative
or
9
impeaching
of,
evidence
included
in
the
trial
record
or
10
admitted
to
at
a
guilty
plea
proceeding.
11
e.
DNA
analysis
of
the
evidence
The
DNA
profiling
results
12
would
raise
a
reasonable
probability
that
the
defendant
would
13
not
have
been
convicted
if
DNA
profiling
had
been
available
at
14
the
time
of
the
conviction
and
had
been
conducted
prior
to
the
15
conviction
such
results
had
been
introduced
at
trial
.
16
8.
a.
Upon
the
court
granting
a
motion
filed
pursuant
to
17
this
section
,
DNA
analysis
profiling
of
evidence
a
forensic
18
sample
shall
be
conducted
within
the
guidelines
generally
19
accepted
by
the
scientific
community.
The
defendant
shall
20
provide
DNA
samples
for
testing
if
requested
by
the
state.
21
b.
In
response
to
a
motion
filed
pursuant
to
this
22
section,
and
after
proper
notice
to
the
parties,
including
23
the
department
of
public
safety
or
other
entity
authorized
24
to
perform
the
search,
the
court
may
enter
an
order
that
25
authorizes
the
department
of
public
safety
or
other
entity
to
26
access
the
DNA
database
and
do
any
of
the
following:
27
(1)
Compare
a
DNA
profile
obtained
from
a
DNA
sample
or
28
forensic
sample
collected
in
connection
with
an
investigation
29
or
prosecution
of
the
defendant
against
the
DNA
database
30
through
the
use
of
a
keyboard
search.
31
(2)
Utilize
a
search
method
similar
to
a
keyboard
search
32
that
does
not
involve
uploading
the
DNA
profile
to
the
DNA
33
database
if
the
court
determines
all
of
the
following
apply:
34
(a)
The
DNA
profile
complies
with
federal
bureau
of
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investigation
requirements
or
state
requirements,
whichever
are
1
applicable,
as
such
requirements
are
applied
to
law
enforcement
2
agencies
seeking
such
a
comparison,
and
the
database
meets
3
national
DNA
index
system
or
state
DNA
index
system
criteria,
4
whichever
is
applicable.
5
(b)
If
a
comparison
of
the
DNA
profile
had
been
conducted
6
and
if
the
results
had
been
admitted
at
trial
resulting
in
7
a
verdict
of
guilty,
a
reasonable
probability
exists
that
8
the
verdict
would
have
been
more
favorable
to
the
defendant,
9
or
in
a
case
involving
a
plea
of
guilty,
if
the
results
had
10
been
available
to
the
defendant
prior
to
the
guilty
plea,
a
11
reasonable
probability
exists
that
a
conviction
would
not
have
12
resulted.
13
9.
Results
of
DNA
analysis
profiling
conducted
pursuant
14
to
this
section
shall
be
reported
to
the
parties
and
to
the
15
court
and
may
be
provided
to
the
board
of
parole,
department
16
of
corrections,
and
criminal
and
juvenile
justice
agencies,
17
as
defined
in
section
692.1
,
for
use
in
the
course
of
18
investigations
and
prosecutions,
and
for
consideration
in
19
connection
with
requests
for
parole,
pardon,
reprieve,
and
20
commutation.
DNA
samples
obtained
pursuant
to
this
section
21
may
be
included
in
the
DNA
data
bank,
and
DNA
profiles
and
DNA
22
records
developed
pursuant
to
this
section
may
be
included
in
23
the
DNA
database.
24
10.
A
criminal
or
juvenile
justice
agency,
as
defined
in
25
section
692.1
,
shall
maintain
DNA
samples
and
evidence
forensic
26
samples
that
could
be
tested
for
DNA
for
a
period
of
three
27
years
beyond
the
limitations
for
the
commencement
of
criminal
28
actions
as
set
forth
in
chapter
802
.
This
section
does
not
29
create
a
cause
of
action
for
damages
or
a
presumption
of
30
spoliation
in
the
event
evidence
a
forensic
sample
is
no
longer
31
available
for
testing.
32
11.
If
the
court
determines
a
defendant
who
files
a
motion
33
under
this
section
is
indigent,
the
defendant
shall
be
entitled
34
to
appointment
of
counsel
as
provided
in
chapter
815
.
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12.
If
the
court
determines
after
DNA
analysis
profiling
1
ordered
pursuant
to
this
section
that
the
results
indicate
2
conclusively
that
the
DNA
profile
of
the
defendant
matches
the
3
profile
from
the
analyzed
evidence
used
against
the
defendant,
4
the
court
may
order
the
defendant
to
pay
the
costs
of
these
5
proceedings,
including
costs
of
all
testing,
court
costs,
and
6
costs
of
court-appointed
counsel,
if
any.
7
13.
If
the
court
determines
after
DNA
profiling
ordered
8
pursuant
to
this
section
that
the
results
indicate
a
reasonable
9
probability
that
the
defendant
would
not
have
been
convicted
10
if
such
DNA
profiling
results
had
been
introduced
at
trial,
11
the
court
shall
enter
an
appropriate
order
with
respect
to
12
the
defendant’s
conviction
or
sentence
in
the
former
criminal
13
proceedings,
and
any
supplementary
orders
as
to
rearraignment,
14
retrial,
custody,
bail,
discharge,
correction
of
sentence,
or
15
other
matters
that
may
be
necessary
and
proper.
The
court
16
shall
make
specific
findings
of
fact,
and
state
expressly
its
17
conclusions
of
law,
relating
to
each
issue
presented.
This
18
order
shall
be
considered
a
final
judgment.
19
Sec.
3.
NEW
SECTION
.
81.11
Compliance
with
applicable
laws.
20
A
court
shall
not
enter
an
order
under
this
chapter
that
21
would
result
in
a
violation
of
state
or
federal
law
or
loss
of
22
access
to
a
federal
system
or
database.
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