H.F. 734 Section 1. Section 81.1, Code 2019, 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. “DNA” means deoxyribonucleic acid. 19 3. “DNA data bank” means the repository for DNA samples 20 obtained pursuant to section 81.4 . 21 4. “DNA database” means the collection of DNA profiles and 22 DNA records. 23 5. “DNA profile” means the objective form of the results of 24 DNA analysis performed on a forensic sample or an individual’s 25 DNA sample. The results of all DNA identification analysis on 26 an individual’s DNA sample are also collectively referred to 27 as the DNA profile of an individual. “DNA profile” also means 28 the objective form of the results of DNA analysis performed on 29 a forensic sample. 30 6. “DNA profiling” means the procedure established by 31 the division of criminal investigation, department of public 32 safety, for determining a person’s genetic identity or for 33 testing a forensic sample, including analysis that might not 34 result in the establishment of a complete DNA profile . 35 -1- HF 734 (7) 88 as/rh/md 1/ 9

H.F. 734 7. “DNA record” means the DNA sample and DNA profile, and 1 other records in the DNA database and DNA data bank used to 2 identify a person. 3 8. “DNA sample” means a biological sample provided by 4 any person required to submit a DNA sample or a DNA sample 5 submitted for any other purpose under section 81.4 . 6 9. “Forensic sample” means an evidentiary item that 7 potentially contains DNA relevant to a crime. 8 10. “Keyboard search” means a keyboard search as defined in 9 the national DNA index system operational procedures manual. 10 11. “National DNA index system” means a national, searchable 11 DNA database created and maintained by the federal bureau of 12 investigation where DNA profiles are stored and searched at a 13 local, state, or national level. 14 9. 12. “Person required to submit a DNA sample” means a 15 person convicted, adjudicated delinquent, receiving a deferred 16 judgment, or found not guilty by reason of insanity of an 17 offense requiring DNA profiling pursuant to section 81.2 . 18 “Person required to submit a DNA sample” also means a person 19 determined to be a sexually violent predator pursuant to 20 section 229A.7 . 21 13. “State DNA index system” means a state searchable DNA 22 database created and maintained by the department of public 23 safety where DNA profiles are stored and searched at the state 24 level. 25 Sec. 2. Section 81.10, Code 2019, is amended to read as 26 follows: 27 81.10 Application requirements for DNA profiling after 28 conviction. 29 1. A defendant who has been convicted of a felony or 30 aggravated misdemeanor and who has not been required to submit 31 a DNA sample for DNA profiling may make a motion an application 32 to the court for an order to require that DNA analysis 33 profiling be performed on evidence a forensic sample collected 34 in the case for which the person stands convicted. 35 -2- HF 734 (7) 88 as/rh/md 2/ 9

H.F. 734 2. The motion application shall state the following: 1 a. The specific crimes for which the defendant stands 2 convicted in this case. 3 b. The facts of the underlying case, as proven at trial or 4 admitted to during a guilty plea proceeding. 5 c. Whether any of the charges include sexual abuse or 6 involve sexual assault, and if so, whether a sexual assault 7 examination was conducted and evidence forensic samples were 8 preserved, if known. 9 d. Whether identity was at issue or contested by the 10 defendant. 11 e. Whether the defendant offered an alibi, and if so, 12 testimony corroborating the alibi and, from whom. 13 f. Whether eyewitness testimony was offered, and if so from 14 whom. 15 g. Whether any issues of police or prosecutor misconduct 16 have been raised in the past or are being raised by the motion 17 application . 18 h. The type of inculpatory evidence admitted into evidence 19 at trial or admitted to during a guilty plea proceeding. 20 i. Whether blood testing or other biological evidence 21 testing was conducted previously in connection with the case 22 and, if so, by whom and the result, if known. 23 j. What biological evidence exists and, if known, the agency 24 or laboratory storing the evidence forensic sample that the 25 defendant seeks to have tested. 26 k. Why the requested analysis of DNA evidence DNA profiling 27 of the forensic sample is material to the issue in the case and 28 not merely cumulative or impeaching. 29 l. Why the DNA evidence profiling results would have 30 changed the outcome of the trial or invalidated a guilty plea 31 if the requested DNA profiling had been conducted prior to the 32 conviction. 33 3. a. A motion proceeding for relief filed under this 34 section shall be filed in the county where the defendant was 35 -3- HF 734 (7) 88 as/rh/md 3/ 9

H.F. 734 convicted , and . The proceeding is commenced by filing an 1 application for relief with the district court in which the 2 conviction took place, without paying a filing fee. The notice 3 of the motion application shall be served by certified mail 4 upon the county attorney and, if known, upon the state, local 5 agency, or laboratory holding evidence described in subsection 6 2 , paragraph “k” . The county attorney shall have sixty days to 7 file an answer to the motion application . 8 b. The application shall be heard in, and before any judge 9 or the court in which the defendant’s conviction or sentence 10 took place. A record of the proceedings shall be made. 11 4. Any DNA profiling of the defendant or other biological 12 evidence testing conducted by the state or by the defendant 13 shall be disclosed and the results of such profiling or testing 14 described in the motion application or answer. 15 5. If the evidence forensic sample requested to be tested 16 was previously subjected to DNA or other biological analysis 17 by either party, the court may order the disclosure of the 18 results of such testing, including laboratory reports, notes, 19 and underlying data, to the court and the parties. 20 6. The court may order a hearing on the motion application 21 to determine if evidence the forensic sample should be 22 subjected to DNA analysis profiling . 23 7. The court shall grant the motion if all of the following 24 apply: 25 a. The evidence subject to DNA testing is available and in a 26 condition that will permit analysis. 27 b. A sufficient chain of custody has been established for 28 the evidence. 29 c. The identity of the person who committed the crime for 30 which the defendant was convicted was a significant issue in 31 the crime for which the defendant was convicted. 32 d. The evidence subject to DNA analysis is material to, and 33 not merely cumulative or impeaching of, evidence included in 34 the trial record or admitted to at a guilty plea proceeding. 35 -4- HF 734 (7) 88 as/rh/md 4/ 9

H.F. 734 e. DNA analysis of the evidence would raise a reasonable 1 probability that the defendant would not have been convicted if 2 DNA profiling had been available at the time of the conviction 3 and had been conducted prior to the conviction. 4 8. Upon the court granting a motion filed pursuant to this 5 section , DNA analysis of evidence shall be conducted within the 6 guidelines generally accepted by the scientific community. The 7 defendant shall provide DNA samples for testing if requested 8 by the state. 9 9. Results of DNA analysis conducted pursuant to this 10 section shall be reported to the parties and to the court 11 and may be provided to the board of parole, department of 12 corrections, and criminal and juvenile justice agencies, 13 as defined in section 692.1 , for use in the course of 14 investigations and prosecutions, and for consideration in 15 connection with requests for parole, pardon, reprieve, and 16 commutation. DNA samples obtained pursuant to this section 17 may be included in the DNA data bank, and DNA profiles and DNA 18 records developed pursuant to this section may be included in 19 the DNA database. 20 10. A criminal or juvenile justice agency, as defined in 21 section 692.1 , shall maintain DNA samples and evidence that 22 could be tested for DNA for a period of three years beyond the 23 limitations for the commencement of criminal actions as set 24 forth in chapter 802 . This section does not create a cause of 25 action for damages or a presumption of spoliation in the event 26 evidence is no longer available for testing. 27 11. If the court determines a defendant who files a motion 28 under this section is indigent, the defendant shall be entitled 29 to appointment of counsel as provided in chapter 815 . 30 12. If the court determines after DNA analysis ordered 31 pursuant to this section that the results indicate conclusively 32 that the DNA profile of the defendant matches the profile from 33 the analyzed evidence used against the defendant, the court 34 may order the defendant to pay the costs of these proceedings, 35 -5- HF 734 (7) 88 as/rh/md 5/ 9

H.F. 734 including costs of all testing, court costs, and costs of 1 court-appointed counsel, if any. 2 Sec. 3. NEW SECTION . 81.11 Application for DNA profiling. 3 1. The court shall grant an application for DNA profiling 4 if all of the following apply: 5 a. The forensic sample subject to DNA profiling is available 6 and either DNA profiling has not been performed on the forensic 7 sample or DNA profiling has been previously performed on the 8 forensic sample and the defendant is requesting DNA profiling 9 using a new method or technology that is substantially more 10 probative than the DNA profiling previously performed. 11 b. A sufficient chain of custody has been established for 12 the forensic sample. 13 c. The identity of the person who committed the crime for 14 which the defendant was convicted was a significant issue in 15 the crime for which the defendant was convicted. 16 d. The forensic sample subject to DNA profiling is material 17 to, and not merely cumulative or impeaching of, evidence 18 included in the trial record or admitted to at a guilty plea 19 proceeding. 20 e. The DNA profiling results would raise a reasonable 21 probability that the defendant would not have been convicted if 22 such results had been introduced at trial. 23 2. Upon the court granting an application filed pursuant 24 to this section, DNA profiling of a forensic sample shall be 25 conducted within the guidelines generally accepted by the 26 scientific community if the testing type or resulting profile 27 is not eligible to be uploaded or searched in the national DNA 28 index system database. The defendant shall provide DNA samples 29 for testing if requested by the state. 30 Sec. 4. NEW SECTION . 81.12 When DNA database comparisons 31 may be ordered. 32 1. If DNA profiling ordered under section 81.11 produces 33 an unidentified DNA profile, after notice to the parties, 34 including the department of public safety, the court may order 35 -6- HF 734 (7) 88 as/rh/md 6/ 9

H.F. 734 the department of public safety to do any of the following: 1 a. Compare the DNA profile to the national DNA index 2 system. The profile shall only be compared to the national DNA 3 index system if the combined DNA index system administrator 4 determines all of the following: 5 (1) The forensic sample is collected contemporaneously from 6 the crime scene, has a nexus to the crime scene, is probative, 7 and is suitable for analysis. 8 (2) The DNA profile was generated through a technology that 9 complies with all requirements in the national DNA index system 10 operational procedures manual. 11 (3) The DNA profile meets all the requirements in the 12 national DNA index system operational procedures manual for 13 either uploading the profile or conducting a keyboard search. 14 b. Compare the DNA profile to the state DNA index system if 15 the profile meets all applicable state requirements. 16 2. If any provision of a court order under this section 17 results in a violation of federal law, the federal bureau 18 of investigation’s national DNA index system operational 19 procedures manual, or the memorandum of understanding between 20 the federal bureau of investigation laboratory division and 21 the Iowa division of criminal investigation criminalistics 22 laboratory for participation in the national DNA index system, 23 that portion of the order shall be considered unenforceable. 24 The remaining provisions of the order shall remain in effect. 25 Sec. 5. NEW SECTION . 81.13 Additional DNA profiling 26 provisions. 27 1. The results of DNA profiling conducted pursuant to this 28 section shall be provided to the court, the defendant, the 29 state, and the federal bureau of investigation. DNA samples 30 obtained pursuant to this section may be included in the DNA 31 data bank, and DNA profiles and DNA records developed pursuant 32 to this section may be included in the DNA database. 33 2. A criminal or juvenile justice agency, as defined in 34 section 692.1, shall maintain DNA samples and forensic samples 35 -7- HF 734 (7) 88 as/rh/md 7/ 9

H.F. 734 that could be tested for DNA for a period of three years beyond 1 the limitations for the commencement of criminal actions as set 2 forth in chapter 802. This section does not create a cause of 3 action for damages or a presumption of spoliation in the event 4 a forensic sample is no longer available for testing. 5 3. If the court determines a defendant who files an 6 application under this section is indigent, the defendant shall 7 be entitled to appointment of counsel as provided in chapter 8 815. 9 4. If the court determines after DNA profiling ordered 10 pursuant to the application filed under section 81.10 that 11 the results indicate conclusively that the DNA profile of the 12 defendant matches the profile from the analyzed evidence used 13 against the defendant, the court may order the defendant to pay 14 the costs of these proceedings, including costs of all testing, 15 court costs, and costs of court-appointed counsel, if any. 16 Sec. 6. NEW SECTION . 81.14 Compliance with applicable laws. 17 A court shall not enter an order under this chapter that 18 would result in a violation of state or federal law or loss of 19 access to a federal system or database. 20 Sec. 7. Section 822.2, subsection 1, Code 2019, is amended 21 by adding the following new paragraph: 22 NEW PARAGRAPH . h. The results of DNA profiling ordered 23 pursuant to an application filed under section 81.10 would have 24 changed the outcome of the trial or void the factual basis of 25 a guilty plea had the profiling been conducted prior to the 26 conviction. 27 Sec. 8. Section 822.3, Code 2019, is amended to read as 28 follows: 29 822.3 How to commence proceeding —— limitation. 30 A proceeding is commenced by filing an application verified 31 by the applicant with the clerk of the district court in 32 which the conviction or sentence took place. However, if the 33 applicant is seeking relief under section 822.2, subsection 1 , 34 paragraph “f” , the application shall be filed with the clerk 35 -8- HF 734 (7) 88 as/rh/md 8/ 9

H.F. 734 of the district court of the county in which the applicant 1 is being confined within ninety days from the date the 2 disciplinary decision is final. All other applications must 3 be filed within three years from the date the conviction or 4 decision is final or, in the event of an appeal, from the date 5 the writ of procedendo is issued. However, this limitation 6 does not apply to a ground of fact or law that could not have 7 been raised within the applicable time period. For purposes 8 of this section, a ground of fact includes the results of 9 DNA profiling ordered pursuant to an application filed under 10 section 81.10. Facts within the personal knowledge of the 11 applicant and the authenticity of all documents and exhibits 12 included in or attached to the application must be sworn to 13 affirmatively as true and correct. The supreme court may 14 prescribe the form of the application and verification. The 15 clerk shall docket the application upon its receipt and 16 promptly bring it to the attention of the court and deliver a 17 copy to the county attorney and the attorney general. 18 -9- HF 734 (7) 88 as/rh/md 9/ 9