Bill Text: IA HF2450 | 2017-2018 | 87th General Assembly | Amended

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Bill Title: A bill for an act relating to DNA profiling of certain criminal offenders. (Formerly HSB 581.)

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2018-03-13 - Subcommittee Meeting: 03/14/2018 12:00PM RM 315. [HF2450 Detail]

Download: Iowa-2017-HF2450-Amended.html

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House File 2450 - Reprinted




                                 HOUSE FILE       
                                 BY  COMMITTEE ON JUDICIARY

                                 (SUCCESSOR TO HSB 581)
       (As Amended and Passed by the House March 7, 2018)

                                      A BILL FOR

  1 An Act relating to DNA profiling of certain criminal offenders.
  2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    HF 2450 (4) 87
    jm/rh/md

PAG LIN



  1  1    Section 1.  Section 81.1, Code 2018, is amended to read as
  1  2 follows:
  1  3    81.1  Definitions.
  1  4    As used in this chapter, unless the context otherwise
  1  5 requires:
  1  6    1.  "Aggravated misdemeanor" means an offense classified as
  1  7 an aggravated misdemeanor committed by a person eighteen years
  1  8 of age or older on or after July 1, 2014, other than any of the
  1  9 following offenses:
  1 10    a.  A violation of chapter 321.
  1 11    b.  A second offense violation of section 321J.2, unless
  1 12 the person has more than one previous revocation as determined
  1 13 pursuant to section 321J.2, subsection 8, within the
  1 14 twelve=year period immediately preceding the commission of the
  1 15 offense in question.
  1 16    c.  A violation of chapter 716B.
  1 17    d.  A violation of chapter 717A.
  1 18    e.  A violation of section 725.7.
  1 19    2.  "Combined DNA index system" means a national, searchable
  1 20 DNA database created and maintained by the federal bureau of
  1 21 investigation where DNA profiles are stored and searched at a
  1 22 local, state, or national level. 
  1 23    2.  3.  "DNA" means deoxyribonucleic acid.
  1 24    3.  4.  "DNA data bank" means the repository for DNA samples
  1 25 obtained pursuant to section 81.4.
  1 26    4.  5.  "DNA database" means the collection of DNA profiles
  1 27 and DNA records.
  1 28    5.  6.  "DNA profile" means the objective form of the results
  1 29 of DNA analysis performed on a DNA sample. The results of
  1 30 all DNA identification analysis on an individual's DNA sample
  1 31 are also collectively referred to as the DNA profile of an
  1 32 individual.  "DNA profile" also means the objective form of
  1 33 the results of DNA analysis performed on a forensic sample, to
  1 34 the extent that sufficient biological material is present to
  1 35 develop a valid DNA profile.
  2  1    6.  7.  "DNA profiling" means the procedure established by
  2  2 the division of criminal investigation, department of public
  2  3 safety, for determining a person's genetic identity.
  2  4    7.  8.  "DNA record" means the DNA sample and DNA profile,
  2  5 and other records in the DNA database and DNA data bank used to
  2  6 identify a person.
  2  7    8.  9.  "DNA sample" means a biological sample provided by
  2  8 any person required to submit a DNA sample or a DNA sample
  2  9 submitted for any other purpose under section 81.4.
  2 10    10.  "DNA testing" means a test to analyze physical and
  2 11 biological evidence from a DNA sample including analysis
  2 12 that might not result in the establishment of a complete DNA
  2 13 profile.
  2 14    11.  "Forensic sample" means an evidentiary item that may
  2 15 contain DNA relevant to a crime.
  2 16    12.  "Keyboard search" means a manual keyboard search
  2 17 conducted in accordance with the current version of the
  2 18 national DNA index system operational procedures manual. 
  2 19    9.  13.  "Person required to submit a DNA sample" means a
  2 20 person convicted, adjudicated delinquent, receiving a deferred
  2 21 judgment, or found not guilty by reason of insanity of an
  2 22 offense requiring DNA profiling pursuant to section 81.2.
  2 23 "Person required to submit a DNA sample" also means a person
  2 24 determined to be a sexually violent predator pursuant to
  2 25 section 229A.7.
  2 26    Sec. 2.  Section 81.10, Code 2018, is amended to read as
  2 27 follows:
  2 28    81.10  DNA profiling after conviction.
  2 29    1.  A defendant who has been convicted of a felony or
  2 30 aggravated misdemeanor and who has not been required to
  2 31 submit a DNA sample for DNA profiling may make a motion to the
  2 32 court for an order to require that DNA analysis profiling be
  2 33 performed on evidence a forensic sample collected in the case
  2 34 for which the person stands convicted.
  2 35    2.  The motion shall state the following:
  3  1    a.  The specific crimes for which the defendant stands
  3  2 convicted in this case.
  3  3    b.  The facts of the underlying case, as proven at trial or
  3  4 admitted to during a guilty plea proceeding.
  3  5    c.  Whether any of the charges include sexual abuse or
  3  6 involve sexual assault, and if so, whether a sexual assault
  3  7 examination was conducted and evidence forensic samples were
  3  8  preserved, if known.
  3  9    d.  Whether identity was at issue or contested by the
  3 10 defendant.
  3 11    e.  Whether the defendant offered an alibi, and if so,
  3 12 testimony corroborating the alibi and, from whom.
  3 13    f.  Whether eyewitness testimony was offered, and if so from
  3 14 whom.
  3 15    g.  Whether any issues of police or prosecutor misconduct
  3 16 have been raised in the past or are being raised by the motion.
  3 17    h.  The type of inculpatory evidence admitted into evidence
  3 18 at trial or admitted to during a guilty plea proceeding.
  3 19    i.  Whether blood testing or other biological evidence
  3 20 testing was conducted previously in connection with the case
  3 21 and, if so, by whom and the result, if known.
  3 22    j.  What biological evidence exists and, if known, the agency
  3 23 or laboratory storing the evidence forensic sample that the
  3 24 defendant seeks to have tested.
  3 25    k.  Why the requested analysis of DNA evidence a forensic
  3 26 sample is material to the issue in the case and not merely
  3 27 cumulative or impeaching.
  3 28    l.  Why the DNA evidence results would have changed the
  3 29 outcome of the trial or invalidated a guilty plea if the
  3 30 requested DNA profiling had been conducted prior to the
  3 31 conviction.
  3 32    3.  A motion filed under this section shall be filed in
  3 33 the county where the defendant was convicted, and notice
  3 34 of the motion shall be served by certified mail upon the
  3 35 county attorney and, if known, upon the state, local agency,
  4  1 or laboratory holding evidence described in subsection 2,
  4  2 paragraph "k". The county attorney shall have sixty days to
  4  3 file an answer to the motion.  The motion shall be heard in,
  4  4 and before any judge of the court in which the defendant's
  4  5 conviction or sentence took place.  A record of the proceedings
  4  6 shall be made and preserved. All rules and statutes applicable
  4  7 in civil proceedings including pretrial and discovery
  4  8 procedures shall be available to the parties. The court may
  4  9 receive proof of affidavits, depositions, oral testimony, or
  4 10 other evidence, and may order the defendant brought before it
  4 11 for the hearing on the motion.
  4 12    4.  Any Subject to section 81.8, any DNA profiling of the
  4 13 defendant, an unknown person, or other biological evidence
  4 14 testing conducted by the state or by the defendant shall be
  4 15 disclosed and the results of such DNA profiling or other
  4 16  testing described in the motion or answer.
  4 17    5.  If the evidence forensic sample requested to be tested
  4 18 was previously subjected to DNA or other biological analysis
  4 19 by either party, the court may order the disclosure of the
  4 20 results of such testing, including laboratory reports, notes,
  4 21 and underlying data, to the court and the parties.
  4 22    6.  The court may order a hearing on the motion to determine
  4 23 if evidence the forensic sample should be subjected to DNA
  4 24 analysis profiling.
  4 25    7.  The court shall grant the motion if all of the following
  4 26 apply:
  4 27    a.  The evidence forensic sample subject to DNA testing
  4 28  profiling is available and in a condition that will permit
  4 29 analysis. any of the following apply:
  4 30    (1)  DNA profiling has not been performed on the forensic
  4 31 sample.
  4 32    (2)  DNA profiling has been previously performed on
  4 33 the forensic sample and the defendant is requesting DNA
  4 34 profiling using a new method or technology approved by the
  4 35 accrediting organization and authorized by the federal bureau
  5  1 of investigation for DNA profiling that is substantially more
  5  2 probative than the DNA profiling previously performed.
  5  3    b.  A sufficient chain of custody has been established for
  5  4 the evidence forensic sample.
  5  5    c.  The identity of the person who committed the crime for
  5  6 which the defendant was convicted was a significant issue in
  5  7 the crime for which the defendant was convicted.
  5  8    d.  The evidence forensic sample subject to DNA analysis
  5  9  profiling is material to, and not merely cumulative or
  5 10 impeaching of, evidence included in the trial record or
  5 11 admitted to at a guilty plea proceeding.
  5 12    e.  DNA analysis of the evidence The DNA profiling results
  5 13  would raise a reasonable probability that the defendant would
  5 14 not have been convicted if DNA profiling had been available at
  5 15 the time of the conviction and had been conducted prior to the
  5 16 conviction such results had been introduced at trial.
  5 17    8.  a.  Upon the court granting a motion filed pursuant to
  5 18 this section, DNA analysis profiling of evidence a forensic
  5 19 sample shall be conducted within the guidelines generally
  5 20 accepted by the scientific community. The defendant shall
  5 21 provide DNA samples for testing if requested by the state.
  5 22    b.  In response to a motion filed pursuant to this
  5 23 section, and after proper notice to the parties, including
  5 24 the department of public safety or other entity authorized
  5 25 to perform the search, the court may enter an order that
  5 26 authorizes the department of public safety or other entity to
  5 27 access the DNA database and do any of the following:
  5 28    (1)  Compare a DNA profile obtained from a DNA sample or
  5 29 forensic sample collected in connection with an investigation
  5 30 or prosecution of the defendant against the DNA database
  5 31 through the use of a keyboard search.
  5 32    (2)  Utilize a search method similar to a keyboard search
  5 33 that does not involve uploading the DNA profile to the DNA
  5 34 database if the court determines all of the following apply:
  5 35    (a)  The DNA profile complies with federal bureau of
  6  1 investigation requirements or state requirements, whichever are
  6  2 applicable, as such requirements are applied to law enforcement
  6  3 agencies seeking such a comparison, and the database meets
  6  4 national DNA index system or state DNA index system criteria,
  6  5 whichever is applicable. 
  6  6    (b)  If a comparison of the DNA profile had been conducted
  6  7 and if the results had been admitted at trial resulting in
  6  8 a verdict of guilty, a reasonable probability exists that
  6  9 the verdict would have been more favorable to the defendant,
  6 10 or in a case involving a plea of guilty, if the results had
  6 11 been available to the defendant prior to the guilty plea, a
  6 12 reasonable probability exists that a conviction would not have
  6 13 resulted.  
  6 14    9.  Results of DNA analysis profiling conducted pursuant
  6 15 to this section shall be reported to the parties and to the
  6 16 court and may be provided to the board of parole, department
  6 17 of corrections, and criminal and juvenile justice agencies,
  6 18 as defined in section 692.1, for use in the course of
  6 19 investigations and prosecutions, and for consideration in
  6 20 connection with requests for parole, pardon, reprieve, and
  6 21 commutation. DNA samples obtained pursuant to this section
  6 22 may be included in the DNA data bank, and DNA profiles and DNA
  6 23 records developed pursuant to this section may be included in
  6 24 the DNA database.
  6 25    10.  A criminal or juvenile justice agency, as defined in
  6 26 section 692.1, shall maintain DNA samples and evidence forensic
  6 27 samples that could be tested for DNA for a period of three
  6 28 years beyond the limitations for the commencement of criminal
  6 29 actions as set forth in chapter 802. This section does not
  6 30 create a cause of action for damages or a presumption of
  6 31 spoliation in the event evidence a forensic sample is no longer
  6 32 available for testing.
  6 33    11.  If the court determines a defendant who files a motion
  6 34 under this section is indigent, the defendant shall be entitled
  6 35 to appointment of counsel as provided in chapter 815.
  7  1    12.  If the court determines after DNA analysis profiling
  7  2  ordered pursuant to this section that the results indicate
  7  3 conclusively that the DNA profile of the defendant matches the
  7  4 profile from the analyzed evidence used against the defendant,
  7  5 the court may order the defendant to pay the costs of these
  7  6 proceedings, including costs of all testing, court costs, and
  7  7 costs of court=appointed counsel, if any.
  7  8    13.  If the court determines after DNA profiling ordered
  7  9 pursuant to this section that the results indicate a reasonable
  7 10 probability that the defendant would not have been convicted
  7 11 if such DNA profiling results had been introduced at trial,
  7 12 the court shall enter an appropriate order with respect to
  7 13 the defendant's conviction or sentence in the former criminal
  7 14 proceedings, and any supplementary orders as to rearraignment,
  7 15 retrial, custody, bail, discharge, correction of sentence, or
  7 16 other matters that may be necessary and proper. The court
  7 17 shall make specific findings of fact, and state expressly its
  7 18 conclusions of law, relating to each issue presented. This
  7 19 order shall be considered a final judgment.
  7 20    Sec. 3.  NEW SECTION.  81.11  Compliance with applicable laws.
  7 21    A court shall not enter an order under this chapter that
  7 22 would result in a violation of state or federal law or loss of
  7 23 access to a federal system or database.
       HF 2450 (4) 87
       jm/rh/md