Print
House File 734 - IntroducedA Bill ForAn Act 1relating to postconviction DNA profiling procedure.
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 81.1, Code 2019, is amended to read as
2follows:
381.1 Definitions.
4As used in this chapter, unless the context otherwise
5requires:
61. “Aggravated misdemeanor” means an offense classified as
7an aggravated misdemeanor committed by a person eighteen years
8of age or older on or after July 1, 2014, other than any of the
9following offenses:
10a. A violation of chapter 321.
11b. A second offense violation of section 321J.2, unless
12the person has more than one previous revocation as determined
13pursuant to section 321J.2, subsection 8, within the
14twelve-year period immediately preceding the commission of the
15offense in question.
16c. A violation of chapter 716B.
17d. A violation of chapter 717A.
18e. A violation of section 725.7.
192. “DNA” means deoxyribonucleic acid.
203. “DNA data bank” means the repository for DNA samples
21obtained pursuant to section 81.4.
224. “DNA database” means the collection of DNA profiles and
23DNA records.
245. “DNA profile” means the objective form of the results of
25DNA analysis performed on a forensic sample or an individual’s
26 DNA sample. The results of all DNA identification analysis on
27an individual’s DNA sample are also collectively referred to
28as the DNA profile of an individual. “DNA profile” also means
29the objective form of the results of DNA analysis performed on
30a forensic sample.
316. “DNA profiling” means the procedure established by
32the division of criminal investigation, department of public
33safety, for determining a person’s genetic identity or for
34testing a forensic sample, including analysis that might not
35result in the establishment of a complete DNA profile.
-1- 17. “DNA record” means the DNA sample and DNA profile, and
2other records in the DNA database and DNA data bank used to
3identify a person.
48. “DNA sample” means a biological sample provided by
5any person required to submit a DNA sample or a DNA sample
6submitted for any other purpose under section 81.4.
79. “Forensic sample” means an evidentiary item that
8potentially contains DNA relevant to a crime.
910. “Keyboard search” means a keyboard search as defined in
10the national DNA index system operational procedures manual.
1111. “National DNA index system” means a national, searchable
12DNA database created and maintained by the federal bureau of
13investigation where DNA profiles are stored and searched at a
14local, state, or national level.
159. 12. “Person required to submit a DNA sample” means a
16person convicted, adjudicated delinquent, receiving a deferred
17judgment, or found not guilty by reason of insanity of an
18offense requiring DNA profiling pursuant to section 81.2.
19“Person required to submit a DNA sample” also means a person
20determined to be a sexually violent predator pursuant to
21section 229A.7.
2213. “State DNA index system” means a state searchable DNA
23database created and maintained by the department of public
24safety where DNA profiles are stored and searched at the state
25level.
26 Sec. 2. Section 81.10, Code 2019, is amended to read as
27follows:
2881.10 Application requirements forDNA profiling after
29conviction.
301. A defendant who has been convicted of a felony or
31aggravated misdemeanor and who has not been required to submit
32a DNA sample for DNA profiling may make a motion an application
33 to the court for an order to require that DNA analysis
34 profiling be performed on evidence a forensic sample collected
35in the case for which the person stands convicted.
-2- 12. The motion application shall state the following:
2a. The specific crimes for which the defendant stands
3convicted in this case.
4b. The facts of the underlying case, as proven at trial or
5admitted to during a guilty plea proceeding.
6c. Whether any of the charges include sexual abuse or
7involve sexual assault, and if so, whether a sexual assault
8examination was conducted and evidence forensic samples were
9 preserved, if known.
10d. Whether identity was at issue or contested by the
11defendant.
12e. Whether the defendant offered an alibi, and if so,
13testimony corroborating the alibi and, from whom.
14f. Whether eyewitness testimony was offered, and if so from
15whom.
16g. Whether any issues of police or prosecutor misconduct
17have been raised in the past or are being raised by the motion.
18h. The type of inculpatory evidence admitted into evidence
19at trial or admitted to during a guilty plea proceeding.
20i. Whether blood testing or other biological evidence
21testing was conducted previously in connection with the case
22and, if so, by whom and the result, if known.
23j. What biological evidence exists and, if known, the agency
24or laboratory storing the evidence forensic sample that the
25defendant seeks to have tested.
26k. Why the requested analysis of DNA evidence DNA profiling
27of the forensic sample is material to the issue in the case and
28not merely cumulative or impeaching.
29l. Why the DNA evidence profiling results would have
30changed the outcome of the trial or invalidated a guilty plea
31if the requested DNA profiling had been conducted prior to the
32conviction.
333. a. A motion proceeding for relief filed under this
34section shall be filed in the county where the defendant was
35convicted, and. The proceeding is commenced by filing an
-3-1application for relief with the district court in which the
2conviction took place, without paying a filing fee. The notice
3of the motion application shall be served by certified mail
4upon the county attorney and, if known, upon the state, local
5agency, or laboratory holding evidence described in subsection
62, paragraph “k”. The county attorney shall have sixty days to
7file an answer to the motion.
8b. The application shall be heard in, and before any judge
9or the court in which the defendant’s conviction or sentence
10took place. A record of the proceedings shall be made.
114. Any DNA profiling of the defendant or other biological
12evidence testing conducted by the state or by the defendant
13shall be disclosed and the results of such profiling or testing
14described in the motion or answer.
155. If the evidence forensic sample requested to be tested
16was previously subjected to DNA or other biological analysis
17by either party, the court may order the disclosure of the
18results of such testing, including laboratory reports, notes,
19and underlying data, to the court and the parties.
206. The court may order a hearing on the motion to determine
21if evidence the forensic sample should be subjected to DNA
22analysis profiling.
237. The court shall grant the motion if all of the following
24apply:
25a. The evidence subject to DNA testing is available and in a
26condition that will permit analysis.
27b. A sufficient chain of custody has been established for
28the evidence.
29c. The identity of the person who committed the crime for
30which the defendant was convicted was a significant issue in
31the crime for which the defendant was convicted.
32d. The evidence subject to DNA analysis is material to, and
33not merely cumulative or impeaching of, evidence included in
34the trial record or admitted to at a guilty plea proceeding.
35e. DNA analysis of the evidence would raise a reasonable
-4-1probability that the defendant would not have been convicted if
2DNA profiling had been available at the time of the conviction
3and had been conducted prior to the conviction.
48. Upon the court granting a motion filed pursuant to this
5section, DNA analysis of evidence shall be conducted within the
6guidelines generally accepted by the scientific community. The
7defendant shall provide DNA samples for testing if requested
8by the state.
99. Results of DNA analysis conducted pursuant to this
10section shall be reported to the parties and to the court
11and may be provided to the board of parole, department of
12corrections, and criminal and juvenile justice agencies,
13as defined in section 692.1, for use in the course of
14investigations and prosecutions, and for consideration in
15connection with requests for parole, pardon, reprieve, and
16commutation. DNA samples obtained pursuant to this section
17 may be included in the DNA data bank, and DNA profiles and DNA
18records developed pursuant to this section may be included in
19the DNA database.
2010. A criminal or juvenile justice agency, as defined in
21section 692.1, shall maintain DNA samples and evidence that
22could be tested for DNA for a period of three years beyond the
23limitations for the commencement of criminal actions as set
24forth in chapter 802. This section does not create a cause of
25action for damages or a presumption of spoliation in the event
26evidence is no longer available for testing.
2711. If the court determines a defendant who files a motion
28under this section is indigent, the defendant shall be entitled
29to appointment of counsel as provided in chapter 815.
3012. If the court determines after DNA analysis ordered
31pursuant to this section that the results indicate conclusively
32that the DNA profile of the defendant matches the profile from
33the analyzed evidence used against the defendant, the court
34may order the defendant to pay the costs of these proceedings,
35including costs of all testing, court costs, and costs of
-5-1court-appointed counsel, if any.
2 Sec. 3. NEW SECTION. 81.11 Application for DNA profiling.
31. The court shall grant an application for DNA profiling
4if all of the following apply:
5a. The forensic sample subject to DNA profiling is available
6and either DNA profiling has not been performed on the forensic
7sample or DNA profiling has been previously performed on the
8forensic sample and the defendant is requesting DNA profiling
9using a new method or technology that is substantially more
10probative than the DNA profiling previously performed.
11b. A sufficient chain of custody has been established for
12the forensic sample.
13c. The identity of the person who committed the crime for
14which the defendant was convicted was a significant issue in
15the crime for which the defendant was convicted.
16d. The forensic sample subject to DNA profiling is material
17to, and not merely cumulative or impeaching of, evidence
18included in the trial record or admitted to at a guilty plea
19proceeding.
20e. The DNA profiling results would raise a reasonable
21probability that the defendant would not have been convicted if
22such results had been introduced at trial.
232. Upon the court granting an application filed pursuant
24to this section, DNA profiling of a forensic sample shall be
25conducted within the guidelines generally accepted by the
26scientific community if the testing type or resulting profile
27is not eligible to be uploaded or searched in the national DNA
28index system database. The defendant shall provide DNA samples
29for testing if requested by the state.
30 Sec. 4. NEW SECTION. 81.12 When DNA database comparisons
31may be ordered.
321. If DNA profiling ordered under section 81.11 produces
33an unidentified DNA profile, after notice to the parties,
34including the department of public safety, the court may order
35the department of public safety to do any of the following:
-6- 1a. Compare the DNA profile to the national DNA index
2system. The profile shall only be compared to the national DNA
3index system if the combined DNA index system administrator
4determines all of the following:
5(1) The forensic sample is collected contemporaneously from
6the crime scene, has a nexus to the crime scene, is probative,
7and is suitable for analysis.
8(2) The DNA profile was generated through a technology that
9complies with all requirements in the national DNA index system
10operational procedures manual.
11(3) The DNA profile meets all the requirements in the
12national DNA index system operational procedures manual for
13either uploading the profile or conducting a keyboard search.
14b. Compare the DNA profile to the state DNA index system if
15the profile meets all applicable state requirements.
162. If any provision of a court order under this section
17results in a violation of federal law, the federal bureau
18of investigation’s national DNA index system operational
19procedures manual, or the memorandum of understanding between
20the federal bureau of investigation laboratory division and
21the Iowa division of criminal investigation criminalistics
22laboratory for participation in the national DNA index system,
23that portion of the order shall be considered unenforceable.
24The remaining provisions of the order shall remain in effect.
25 Sec. 5. NEW SECTION. 81.13 Additional DNA profiling
26provisions.
271. The results of DNA profiling conducted pursuant to this
28section shall be provided to the court, the defendant, the
29state, and the federal bureau of investigation. DNA samples
30obtained pursuant to this section may be included in the DNA
31data bank, and DNA profiles and DNA records developed pursuant
32to this section may be included in the DNA database.
332. A criminal or juvenile justice agency, as defined in
34section 692.1, shall maintain DNA samples and forensic samples
35that could be tested for DNA for a period of three years beyond
-7-1the limitations for the commencement of criminal actions as set
2forth in chapter 802. This section does not create a cause of
3action for damages or a presumption of spoliation in the event
4a forensic sample is no longer available for testing.
53. If the court determines a defendant who files an
6application under this section is indigent, the defendant shall
7be entitled to appointment of counsel as provided in chapter
8815.
94. If the court determines after DNA profiling ordered
10pursuant to the motion filed under section 81.10 that the
11results indicate conclusively that the DNA profile of the
12defendant matches the profile from the analyzed evidence used
13against the defendant, the court may order the defendant to pay
14the costs of these proceedings, including costs of all testing,
15court costs, and costs of court-appointed counsel, if any.
16 Sec. 6. NEW SECTION. 81.14 Compliance with applicable laws.
17A court shall not enter an order under this chapter that
18would result in a violation of state or federal law or loss of
19access to a federal system or database.
20 Sec. 7. Section 822.2, subsection 1, Code 2019, is amended
21by adding the following new paragraph:
22 NEW PARAGRAPH. h. The results of DNA profiling ordered
23pursuant to a motion filed under section 81.10 would have
24changed the outcome of the trial or void the factual basis of
25a guilty plea had the profiling been conducted prior to the
26conviction.
27 Sec. 8. Section 822.3, Code 2019, is amended to read as
28follows:
29822.3 How to commence proceeding — limitation.
30A proceeding is commenced by filing an application verified
31by the applicant with the clerk of the district court in
32which the conviction or sentence took place. However, if the
33applicant is seeking relief under section 822.2, subsection 1,
34paragraph “f”, the application shall be filed with the clerk
35of the district court of the county in which the applicant
-8-1is being confined within ninety days from the date the
2disciplinary decision is final. All other applications must
3be filed within three years from the date the conviction or
4decision is final or, in the event of an appeal, from the date
5the writ of procedendo is issued. However, this limitation
6does not apply to a ground of fact or law that could not have
7been raised within the applicable time period. For purposes
8of this section, a ground of fact includes the results of DNA
9profiling ordered pursuant to a motion filed under section
1081.10. Facts within the personal knowledge of the applicant
11and the authenticity of all documents and exhibits included in
12or attached to the application must be sworn to affirmatively
13as true and correct. The supreme court may prescribe the form
14of the application and verification. The clerk shall docket
15the application upon its receipt and promptly bring it to
16the attention of the court and deliver a copy to the county
17attorney and the attorney general.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21This bill relates to a defendant filing an application for
22an order to require that DNA analysis be performed on evidence
23after conviction.
24The bill modifies or adds numerous definitions under Code
25chapter 81 (DNA profiling).
26The bill defines “national DNA index system” to mean a
27national, searchable DNA database created and maintained by the
28federal bureau of investigation where DNA profiles are stored
29and searched at a local, state, or national level.
30The bill expands the definition of “DNA profile” to include
31the objective form of the results of DNA analysis performed on
32a forensic sample or an individual’s DNA sample. Currently,
33“DNA profile” means the objective form of the results of DNA
34analysis performed on a DNA sample, and the results of all DNA
35identification analysis on an individual’s DNA sample are also
-9-1collectively referred to as the DNA profile of an individual.
2The bill defines “forensic sample” to mean an evidentiary
3item that potentially contains DNA relevant to a crime.
4The bill defines “keyboard search” to mean a keyboard
5search as defined in the national DNA index system operational
6procedures manual.
7The bill defines “state DNA index system” to mean a
8state searchable DNA database created and maintained by the
9department of public safety where DNA profiles are stored and
10searched at the state level.
11The bill provides that a defendant who has been convicted of
12a felony or an aggravated misdemeanor may make an application
13to the court for an order to require that DNA profiling be
14performed on a forensic sample collected in the case for which
15the defendant stands convicted. Current law provides that such
16a defendant who has not previously been required to submit a
17DNA sample for DNA profiling may make such an application.
18The bill requires the defendant’s application for an order
19to require DNA profiling be performed on a forensic sample
20collected in the case to include a statement detailing why
21the DNA profiling results would have changed the outcome of
22the trial or invalidated a guilty plea if the requested DNA
23profiling had been conducted prior to the conviction. Current
24law requires such application to state why DNA evidence would
25have changed the outcome of the trial or invalidated a guilty
26plea if DNA profiling had been conducted prior to conviction.
27The bill specifies that the defendant’s application shall
28be served upon the county attorney and upon the laboratory, if
29known by the defendant, holding the biological evidence.
30Subject to the confidentiality provisions of Code section
3181.8, the bill requires that any DNA profiling of the defendant
32or an unknown person, or other biological evidence conducted
33by the state or by the defendant shall be disclosed and the
34results of such profiling or other testing be described in
35the motion or answer. Current law requires DNA profiling,
-10-1not DNA testing results, to be disclosed and does not require
2disclosure when the DNA profiling results in the DNA profile of
3an unknown person.
4The bill specifies that the court shall grant the
5defendant’s application for an order to require that DNA
6profiling be performed on a forensic sample collected in the
7case for which the person stands convicted when either DNA
8profiling has not been performed on the forensic sample or when
9DNA profiling has been previously performed on the forensic
10sample and the defendant is requesting DNA profiling using a
11new method or technology that is substantially more probative
12than the DNA profiling previously performed.
13Additionally, the bill specifies that the defendant’s
14application shall be granted if a sufficient chain of custody
15has been established for the forensic sample; the identity of
16the person who committed the crime for which the defendant
17was convicted was a significant issue in the crime for which
18the defendant was convicted; the forensic sample is material
19to evidence included in the trial record or admitted to at a
20guilty plea proceeding; and the DNA profiling results would
21raise a reasonable probability that the defendant would not
22have been convicted if such results had been introduced at
23trial.
24Upon the court granting a defendant’s application under the
25bill, DNA profiling of a forensic sample shall be conducted
26within the guidelines generally accepted by the scientific
27community if the testing type or resulting profile is not
28eligible to be uploaded or searched in the national DNA index
29system database. If court-ordered DNA profiling produces an
30unidentified DNA profile, after notice to the parties, the
31court may order the department of public safety to either: (1)
32compare the DNA profile to the national DNA index system if the
33combined DNA index system administrator determines that the
34forensic sample is collected contemporaneously from the crime
35scene, has a nexus to the crime scene, is probative, and is
-11-1suitable for analysis; the DNA profile was generated through a
2technology that complies with all requirements in the national
3DNA index system operational procedures manual; and the DNA
4profile meets all the requirements in the national DNA index
5system operational procedures manual for either uploading the
6profile or conducting a keyboard search or (2) compare the DNA
7profile to the state DNA index system if the profile meets all
8applicable state requirements.
9The bill provides that if any provision of the court order
10results in a violation of federal law, the federal bureau
11of investigation’s national DNA index system operational
12procedures manual, or the memorandum of understanding between
13the federal bureau of investigation laboratory division and
14the Iowa division of criminal investigation criminalistics
15laboratory for participation in the national DNA index system,
16that portion of the order shall be considered unenforceable.
17The bill provides that the results of DNA profiling shall
18be provided to the court, the defendant, the state, and
19the federal bureau of investigation. DNA samples obtained
20pursuant to the bill may be included in the DNA data bank,
21and DNA profiles and DNA records may be included in the
22DNA database. A criminal or juvenile justice agency shall
23maintain DNA samples and forensic samples that could be tested
24for DNA for a period of three years beyond the limitations
25for the commencement of criminal actions under Code chapter
26802. Failure to maintain DNA samples and forensic samples as
27specified in the bill does not create a cause of action for
28damages or a presumption of spoliation in the event a forensic
29sample is no longer available for testing.
30If the court determines a defendant who files an application
31under the bill is indigent, the defendant shall be entitled to
32appointment of counsel as provided in Code chapter 815.
33If the court determines after DNA profiling was ordered that
34the results indicate conclusively that the DNA profile of the
35defendant matches the profile from the analyzed evidence used
-12-1against the defendant, the court may order the defendant to pay
2the costs of the proceedings as specified in the bill.
3The bill provides that a court shall not enter an order under
4Code chapter 81 that would result in a violation of state or
5federal law or loss of access to a federal system or database.
6The bill provides that a finding that the results of DNA
7profiling ordered would have changed the outcome of the trial
8or would void the factual basis of a guilty plea had the
9profiling been conducted prior to the conviction can form the
10basis for a postconviction proceeding, and such results are
11considered a ground of fact which could not have been raised
12within the applicable time period for bringing a postconviction
13relief proceeding.
-13-as/rh
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 81.1, Code 2019, is amended to read as
2follows:
381.1 Definitions.
4As used in this chapter, unless the context otherwise
5requires:
61. “Aggravated misdemeanor” means an offense classified as
7an aggravated misdemeanor committed by a person eighteen years
8of age or older on or after July 1, 2014, other than any of the
9following offenses:
10a. A violation of chapter 321.
11b. A second offense violation of section 321J.2, unless
12the person has more than one previous revocation as determined
13pursuant to section 321J.2, subsection 8, within the
14twelve-year period immediately preceding the commission of the
15offense in question.
16c. A violation of chapter 716B.
17d. A violation of chapter 717A.
18e. A violation of section 725.7.
192. “DNA” means deoxyribonucleic acid.
203. “DNA data bank” means the repository for DNA samples
21obtained pursuant to section 81.4.
224. “DNA database” means the collection of DNA profiles and
23DNA records.
245. “DNA profile” means the objective form of the results of
25DNA analysis performed on a forensic sample or an individual’s
26 DNA sample. The results of all DNA identification analysis on
27an individual’s DNA sample are also collectively referred to
28as the DNA profile of an individual. “DNA profile” also means
29the objective form of the results of DNA analysis performed on
30a forensic sample.
316. “DNA profiling” means the procedure established by
32the division of criminal investigation, department of public
33safety, for determining a person’s genetic identity or for
34testing a forensic sample, including analysis that might not
35result in the establishment of a complete DNA profile.
-1- 17. “DNA record” means the DNA sample and DNA profile, and
2other records in the DNA database and DNA data bank used to
3identify a person.
48. “DNA sample” means a biological sample provided by
5any person required to submit a DNA sample or a DNA sample
6submitted for any other purpose under section 81.4.
79. “Forensic sample” means an evidentiary item that
8potentially contains DNA relevant to a crime.
910. “Keyboard search” means a keyboard search as defined in
10the national DNA index system operational procedures manual.
1111. “National DNA index system” means a national, searchable
12DNA database created and maintained by the federal bureau of
13investigation where DNA profiles are stored and searched at a
14local, state, or national level.
159. 12. “Person required to submit a DNA sample” means a
16person convicted, adjudicated delinquent, receiving a deferred
17judgment, or found not guilty by reason of insanity of an
18offense requiring DNA profiling pursuant to section 81.2.
19“Person required to submit a DNA sample” also means a person
20determined to be a sexually violent predator pursuant to
21section 229A.7.
2213. “State DNA index system” means a state searchable DNA
23database created and maintained by the department of public
24safety where DNA profiles are stored and searched at the state
25level.
26 Sec. 2. Section 81.10, Code 2019, is amended to read as
27follows:
2881.10 Application requirements forDNA profiling after
29conviction.
301. A defendant who has been convicted of a felony or
31aggravated misdemeanor and who has not been required to submit
32a DNA sample for DNA profiling may make a motion an application
33 to the court for an order to require that DNA analysis
34 profiling be performed on evidence a forensic sample collected
35in the case for which the person stands convicted.
-2- 12. The motion application shall state the following:
2a. The specific crimes for which the defendant stands
3convicted in this case.
4b. The facts of the underlying case, as proven at trial or
5admitted to during a guilty plea proceeding.
6c. Whether any of the charges include sexual abuse or
7involve sexual assault, and if so, whether a sexual assault
8examination was conducted and evidence forensic samples were
9 preserved, if known.
10d. Whether identity was at issue or contested by the
11defendant.
12e. Whether the defendant offered an alibi, and if so,
13testimony corroborating the alibi and, from whom.
14f. Whether eyewitness testimony was offered, and if so from
15whom.
16g. Whether any issues of police or prosecutor misconduct
17have been raised in the past or are being raised by the motion.
18h. The type of inculpatory evidence admitted into evidence
19at trial or admitted to during a guilty plea proceeding.
20i. Whether blood testing or other biological evidence
21testing was conducted previously in connection with the case
22and, if so, by whom and the result, if known.
23j. What biological evidence exists and, if known, the agency
24or laboratory storing the evidence forensic sample that the
25defendant seeks to have tested.
26k. Why the requested analysis of DNA evidence DNA profiling
27of the forensic sample is material to the issue in the case and
28not merely cumulative or impeaching.
29l. Why the DNA evidence profiling results would have
30changed the outcome of the trial or invalidated a guilty plea
31if the requested DNA profiling had been conducted prior to the
32conviction.
333. a. A motion proceeding for relief filed under this
34section shall be filed in the county where the defendant was
35convicted, and. The proceeding is commenced by filing an
-3-1application for relief with the district court in which the
2conviction took place, without paying a filing fee. The notice
3of the motion application shall be served by certified mail
4upon the county attorney and, if known, upon the state, local
5agency, or laboratory holding evidence described in subsection
62, paragraph “k”. The county attorney shall have sixty days to
7file an answer to the motion.
8b. The application shall be heard in, and before any judge
9or the court in which the defendant’s conviction or sentence
10took place. A record of the proceedings shall be made.
114. Any DNA profiling of the defendant or other biological
12evidence testing conducted by the state or by the defendant
13shall be disclosed and the results of such profiling or testing
14described in the motion or answer.
155. If the evidence forensic sample requested to be tested
16was previously subjected to DNA or other biological analysis
17by either party, the court may order the disclosure of the
18results of such testing, including laboratory reports, notes,
19and underlying data, to the court and the parties.
206. The court may order a hearing on the motion to determine
21if evidence the forensic sample should be subjected to DNA
22analysis profiling.
237. The court shall grant the motion if all of the following
24apply:
25a. The evidence subject to DNA testing is available and in a
26condition that will permit analysis.
27b. A sufficient chain of custody has been established for
28the evidence.
29c. The identity of the person who committed the crime for
30which the defendant was convicted was a significant issue in
31the crime for which the defendant was convicted.
32d. The evidence subject to DNA analysis is material to, and
33not merely cumulative or impeaching of, evidence included in
34the trial record or admitted to at a guilty plea proceeding.
35e. DNA analysis of the evidence would raise a reasonable
-4-1probability that the defendant would not have been convicted if
2DNA profiling had been available at the time of the conviction
3and had been conducted prior to the conviction.
48. Upon the court granting a motion filed pursuant to this
5section, DNA analysis of evidence shall be conducted within the
6guidelines generally accepted by the scientific community. The
7defendant shall provide DNA samples for testing if requested
8by the state.
99. Results of DNA analysis conducted pursuant to this
10section shall be reported to the parties and to the court
11and may be provided to the board of parole, department of
12corrections, and criminal and juvenile justice agencies,
13as defined in section 692.1, for use in the course of
14investigations and prosecutions, and for consideration in
15connection with requests for parole, pardon, reprieve, and
16commutation. DNA samples obtained pursuant to this section
17 may be included in the DNA data bank, and DNA profiles and DNA
18records developed pursuant to this section may be included in
19the DNA database.
2010. A criminal or juvenile justice agency, as defined in
21section 692.1, shall maintain DNA samples and evidence that
22could be tested for DNA for a period of three years beyond the
23limitations for the commencement of criminal actions as set
24forth in chapter 802. This section does not create a cause of
25action for damages or a presumption of spoliation in the event
26evidence is no longer available for testing.
2711. If the court determines a defendant who files a motion
28under this section is indigent, the defendant shall be entitled
29to appointment of counsel as provided in chapter 815.
3012. If the court determines after DNA analysis ordered
31pursuant to this section that the results indicate conclusively
32that the DNA profile of the defendant matches the profile from
33the analyzed evidence used against the defendant, the court
34may order the defendant to pay the costs of these proceedings,
35including costs of all testing, court costs, and costs of
-5-1court-appointed counsel, if any.
2 Sec. 3. NEW SECTION. 81.11 Application for DNA profiling.
31. The court shall grant an application for DNA profiling
4if all of the following apply:
5a. The forensic sample subject to DNA profiling is available
6and either DNA profiling has not been performed on the forensic
7sample or DNA profiling has been previously performed on the
8forensic sample and the defendant is requesting DNA profiling
9using a new method or technology that is substantially more
10probative than the DNA profiling previously performed.
11b. A sufficient chain of custody has been established for
12the forensic sample.
13c. The identity of the person who committed the crime for
14which the defendant was convicted was a significant issue in
15the crime for which the defendant was convicted.
16d. The forensic sample subject to DNA profiling is material
17to, and not merely cumulative or impeaching of, evidence
18included in the trial record or admitted to at a guilty plea
19proceeding.
20e. The DNA profiling results would raise a reasonable
21probability that the defendant would not have been convicted if
22such results had been introduced at trial.
232. Upon the court granting an application filed pursuant
24to this section, DNA profiling of a forensic sample shall be
25conducted within the guidelines generally accepted by the
26scientific community if the testing type or resulting profile
27is not eligible to be uploaded or searched in the national DNA
28index system database. The defendant shall provide DNA samples
29for testing if requested by the state.
30 Sec. 4. NEW SECTION. 81.12 When DNA database comparisons
31may be ordered.
321. If DNA profiling ordered under section 81.11 produces
33an unidentified DNA profile, after notice to the parties,
34including the department of public safety, the court may order
35the department of public safety to do any of the following:
-6- 1a. Compare the DNA profile to the national DNA index
2system. The profile shall only be compared to the national DNA
3index system if the combined DNA index system administrator
4determines all of the following:
5(1) The forensic sample is collected contemporaneously from
6the crime scene, has a nexus to the crime scene, is probative,
7and is suitable for analysis.
8(2) The DNA profile was generated through a technology that
9complies with all requirements in the national DNA index system
10operational procedures manual.
11(3) The DNA profile meets all the requirements in the
12national DNA index system operational procedures manual for
13either uploading the profile or conducting a keyboard search.
14b. Compare the DNA profile to the state DNA index system if
15the profile meets all applicable state requirements.
162. If any provision of a court order under this section
17results in a violation of federal law, the federal bureau
18of investigation’s national DNA index system operational
19procedures manual, or the memorandum of understanding between
20the federal bureau of investigation laboratory division and
21the Iowa division of criminal investigation criminalistics
22laboratory for participation in the national DNA index system,
23that portion of the order shall be considered unenforceable.
24The remaining provisions of the order shall remain in effect.
25 Sec. 5. NEW SECTION. 81.13 Additional DNA profiling
26provisions.
271. The results of DNA profiling conducted pursuant to this
28section shall be provided to the court, the defendant, the
29state, and the federal bureau of investigation. DNA samples
30obtained pursuant to this section may be included in the DNA
31data bank, and DNA profiles and DNA records developed pursuant
32to this section may be included in the DNA database.
332. A criminal or juvenile justice agency, as defined in
34section 692.1, shall maintain DNA samples and forensic samples
35that could be tested for DNA for a period of three years beyond
-7-1the limitations for the commencement of criminal actions as set
2forth in chapter 802. This section does not create a cause of
3action for damages or a presumption of spoliation in the event
4a forensic sample is no longer available for testing.
53. If the court determines a defendant who files an
6application under this section is indigent, the defendant shall
7be entitled to appointment of counsel as provided in chapter
8815.
94. If the court determines after DNA profiling ordered
10pursuant to the motion filed under section 81.10 that the
11results indicate conclusively that the DNA profile of the
12defendant matches the profile from the analyzed evidence used
13against the defendant, the court may order the defendant to pay
14the costs of these proceedings, including costs of all testing,
15court costs, and costs of court-appointed counsel, if any.
16 Sec. 6. NEW SECTION. 81.14 Compliance with applicable laws.
17A court shall not enter an order under this chapter that
18would result in a violation of state or federal law or loss of
19access to a federal system or database.
20 Sec. 7. Section 822.2, subsection 1, Code 2019, is amended
21by adding the following new paragraph:
22 NEW PARAGRAPH. h. The results of DNA profiling ordered
23pursuant to a motion filed under section 81.10 would have
24changed the outcome of the trial or void the factual basis of
25a guilty plea had the profiling been conducted prior to the
26conviction.
27 Sec. 8. Section 822.3, Code 2019, is amended to read as
28follows:
29822.3 How to commence proceeding — limitation.
30A proceeding is commenced by filing an application verified
31by the applicant with the clerk of the district court in
32which the conviction or sentence took place. However, if the
33applicant is seeking relief under section 822.2, subsection 1,
34paragraph “f”, the application shall be filed with the clerk
35of the district court of the county in which the applicant
-8-1is being confined within ninety days from the date the
2disciplinary decision is final. All other applications must
3be filed within three years from the date the conviction or
4decision is final or, in the event of an appeal, from the date
5the writ of procedendo is issued. However, this limitation
6does not apply to a ground of fact or law that could not have
7been raised within the applicable time period. For purposes
8of this section, a ground of fact includes the results of DNA
9profiling ordered pursuant to a motion filed under section
1081.10. Facts within the personal knowledge of the applicant
11and the authenticity of all documents and exhibits included in
12or attached to the application must be sworn to affirmatively
13as true and correct. The supreme court may prescribe the form
14of the application and verification. The clerk shall docket
15the application upon its receipt and promptly bring it to
16the attention of the court and deliver a copy to the county
17attorney and the attorney general.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21This bill relates to a defendant filing an application for
22an order to require that DNA analysis be performed on evidence
23after conviction.
24The bill modifies or adds numerous definitions under Code
25chapter 81 (DNA profiling).
26The bill defines “national DNA index system” to mean a
27national, searchable DNA database created and maintained by the
28federal bureau of investigation where DNA profiles are stored
29and searched at a local, state, or national level.
30The bill expands the definition of “DNA profile” to include
31the objective form of the results of DNA analysis performed on
32a forensic sample or an individual’s DNA sample. Currently,
33“DNA profile” means the objective form of the results of DNA
34analysis performed on a DNA sample, and the results of all DNA
35identification analysis on an individual’s DNA sample are also
-9-1collectively referred to as the DNA profile of an individual.
2The bill defines “forensic sample” to mean an evidentiary
3item that potentially contains DNA relevant to a crime.
4The bill defines “keyboard search” to mean a keyboard
5search as defined in the national DNA index system operational
6procedures manual.
7The bill defines “state DNA index system” to mean a
8state searchable DNA database created and maintained by the
9department of public safety where DNA profiles are stored and
10searched at the state level.
11The bill provides that a defendant who has been convicted of
12a felony or an aggravated misdemeanor may make an application
13to the court for an order to require that DNA profiling be
14performed on a forensic sample collected in the case for which
15the defendant stands convicted. Current law provides that such
16a defendant who has not previously been required to submit a
17DNA sample for DNA profiling may make such an application.
18The bill requires the defendant’s application for an order
19to require DNA profiling be performed on a forensic sample
20collected in the case to include a statement detailing why
21the DNA profiling results would have changed the outcome of
22the trial or invalidated a guilty plea if the requested DNA
23profiling had been conducted prior to the conviction. Current
24law requires such application to state why DNA evidence would
25have changed the outcome of the trial or invalidated a guilty
26plea if DNA profiling had been conducted prior to conviction.
27The bill specifies that the defendant’s application shall
28be served upon the county attorney and upon the laboratory, if
29known by the defendant, holding the biological evidence.
30Subject to the confidentiality provisions of Code section
3181.8, the bill requires that any DNA profiling of the defendant
32or an unknown person, or other biological evidence conducted
33by the state or by the defendant shall be disclosed and the
34results of such profiling or other testing be described in
35the motion or answer. Current law requires DNA profiling,
-10-1not DNA testing results, to be disclosed and does not require
2disclosure when the DNA profiling results in the DNA profile of
3an unknown person.
4The bill specifies that the court shall grant the
5defendant’s application for an order to require that DNA
6profiling be performed on a forensic sample collected in the
7case for which the person stands convicted when either DNA
8profiling has not been performed on the forensic sample or when
9DNA profiling has been previously performed on the forensic
10sample and the defendant is requesting DNA profiling using a
11new method or technology that is substantially more probative
12than the DNA profiling previously performed.
13Additionally, the bill specifies that the defendant’s
14application shall be granted if a sufficient chain of custody
15has been established for the forensic sample; the identity of
16the person who committed the crime for which the defendant
17was convicted was a significant issue in the crime for which
18the defendant was convicted; the forensic sample is material
19to evidence included in the trial record or admitted to at a
20guilty plea proceeding; and the DNA profiling results would
21raise a reasonable probability that the defendant would not
22have been convicted if such results had been introduced at
23trial.
24Upon the court granting a defendant’s application under the
25bill, DNA profiling of a forensic sample shall be conducted
26within the guidelines generally accepted by the scientific
27community if the testing type or resulting profile is not
28eligible to be uploaded or searched in the national DNA index
29system database. If court-ordered DNA profiling produces an
30unidentified DNA profile, after notice to the parties, the
31court may order the department of public safety to either: (1)
32compare the DNA profile to the national DNA index system if the
33combined DNA index system administrator determines that the
34forensic sample is collected contemporaneously from the crime
35scene, has a nexus to the crime scene, is probative, and is
-11-1suitable for analysis; the DNA profile was generated through a
2technology that complies with all requirements in the national
3DNA index system operational procedures manual; and the DNA
4profile meets all the requirements in the national DNA index
5system operational procedures manual for either uploading the
6profile or conducting a keyboard search or (2) compare the DNA
7profile to the state DNA index system if the profile meets all
8applicable state requirements.
9The bill provides that if any provision of the court order
10results in a violation of federal law, the federal bureau
11of investigation’s national DNA index system operational
12procedures manual, or the memorandum of understanding between
13the federal bureau of investigation laboratory division and
14the Iowa division of criminal investigation criminalistics
15laboratory for participation in the national DNA index system,
16that portion of the order shall be considered unenforceable.
17The bill provides that the results of DNA profiling shall
18be provided to the court, the defendant, the state, and
19the federal bureau of investigation. DNA samples obtained
20pursuant to the bill may be included in the DNA data bank,
21and DNA profiles and DNA records may be included in the
22DNA database. A criminal or juvenile justice agency shall
23maintain DNA samples and forensic samples that could be tested
24for DNA for a period of three years beyond the limitations
25for the commencement of criminal actions under Code chapter
26802. Failure to maintain DNA samples and forensic samples as
27specified in the bill does not create a cause of action for
28damages or a presumption of spoliation in the event a forensic
29sample is no longer available for testing.
30If the court determines a defendant who files an application
31under the bill is indigent, the defendant shall be entitled to
32appointment of counsel as provided in Code chapter 815.
33If the court determines after DNA profiling was ordered that
34the results indicate conclusively that the DNA profile of the
35defendant matches the profile from the analyzed evidence used
-12-1against the defendant, the court may order the defendant to pay
2the costs of the proceedings as specified in the bill.
3The bill provides that a court shall not enter an order under
4Code chapter 81 that would result in a violation of state or
5federal law or loss of access to a federal system or database.
6The bill provides that a finding that the results of DNA
7profiling ordered would have changed the outcome of the trial
8or would void the factual basis of a guilty plea had the
9profiling been conducted prior to the conviction can form the
10basis for a postconviction proceeding, and such results are
11considered a ground of fact which could not have been raised
12within the applicable time period for bringing a postconviction
13relief proceeding.
-13-as/rh