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 HF 2450 (4) 87 jm/rh/md
H.F. 2450 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. 35 -1- HF 2450 (4) 87 jm/rh/md 1/ 7
H.F. 2450 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: 35 -2- HF 2450 (4) 87 jm/rh/md 2/ 7
H.F. 2450 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, 35 -3- HF 2450 (4) 87 jm/rh/md 3/ 7
H.F. 2450 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 35 -4- HF 2450 (4) 87 jm/rh/md 4/ 7
H.F. 2450 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 35 -5- HF 2450 (4) 87 jm/rh/md 5/ 7
H.F. 2450 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 . 35 -6- HF 2450 (4) 87 jm/rh/md 6/ 7
H.F. 2450 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. 23 -7- HF 2450 (4) 87 jm/rh/md 7/ 7