HF 2624 (LSB 5544HV (3) 91)

HOUSE FILE 2624

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HSB 571)

(As Amended and Passed by the House 2026-03-10)

A BILL FOR

An Act relating to criminal investigation, including the extension of DNA submission requirements to persons arrested for a felony or aggravated misdemeanor.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 81.1, subsection 12, Code 2026, is amended to read as follows:
   12.  “Person required to submit a DNA sample” means a person arrested, convicted, adjudicated delinquent, receiving a deferred judgment, or found not guilty by reason of insanity of an offense requiring DNA profiling pursuant to section 81.2. “Person required to submit a DNA sample” also means a person determined to be a sexually violent predator pursuant to section 229A.7.
    Sec. 2.  Section 81.2, subsections 1 and 5, Code 2026, are amended to read as follows:
   1.  A person who is arrested for a felony or violent aggravated misdemeanor or who receives a deferred judgment for a felony or against whom a judgment or conviction for a felony or aggravated misdemeanor has been entered shall be required to submit a DNA sample for DNA profiling pursuant to section 81.4.  For purposes of this section, only a person arrested for a felony or a violent aggravated misdemeanor shall be required to submit a DNA sample upon arrest.
   5.  An offender placed on probation shall immediately report to the judicial district department of correctional services after sentencing so it can be determined if the offender has been arrested or convicted of an offense requiring DNA profiling. If it is determined by the judicial district that DNA profiling is required, the offender shall immediately submit a DNA sample.
    Sec. 3.  Section 81.2, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  7.  A sample is not required pursuant to this section if it is determined that a sample has previously been taken, is in the possession of the DNA database or DNA data bank established pursuant to section 81.3, and has not been expunged pursuant to section 81.9.
    Sec. 4.  Section 81.9, Code 2026, is amended to read as follows:
   81.9  Expungement of DNA records.
   1.  A person whose DNA record has been included in the DNA database or DNA data bank established pursuant to section 81.3 may request, in writing to the division of criminal investigation, expungement of the DNA record from the DNA database and DNA data bank based upon the shall have the person’s DNA record automatically expunged within thirty days of the occurrence of either of the following:
   a.  The person’s conviction, adjudication, or civil commitment which that caused the submission of the DNA sample being reversed on appeal and the case dismissed. The written request shall contain a certified copy of the final court order reversing the conviction, adjudication, or civil commitment, and a certified copy of the dismissal, and any other information necessary to ascertain the validity of the request.
   b.  The person’s arrest that led to the inclusion of the DNA sample in the DNA database or DNA data bank has resulted in an aggravated misdemeanor or felony charge that has been resolved by dismissal or acquittal, or the failure to file an aggravated misdemeanor or felony charge within one year of arrest.
   2.  The division of criminal investigation, upon receipt of a written request that validates reversal on appeal of a person’s conviction, adjudication, or commitment, and subsequent dismissal of the case, or upon receipt of a written request by a person who voluntarily submitted a DNA sample pursuant to section 81.3, subsection 3, paragraph “b” being notified that a person’s DNA record is eligible for expungement under subsection 1, paragraph “a” or “b”, shall expunge all of the DNA records and identifiable information of the person in the DNA database and DNA data bank. However, if the division of criminal investigation determines that the person is otherwise obligated to submit a DNA sample, the DNA records shall not be expunged. If the division of criminal investigation denies an expungement request, the division shall notify the person requesting the expungement of the decision not to expunge the DNA record and the reason supporting its decision. The division of criminal investigation decision is subject to judicial review pursuant to chapter 17A. The department of public safety shall adopt rules governing the expungement procedure and a review process.
   3.  The division of criminal investigation is not required to expunge or destroy a DNA record pursuant to this section, if expungement or destruction of the DNA record would destroy evidence related to another person, or investigation.