Bill Text: IA HF734 | 2019-2020 | 88th General Assembly | Enrolled
Bill Title: A bill for an act relating to postconviction DNA profiling procedure. (Formerly HSB 142.) Effective 7-1-19.
Spectrum: Committee Bill
Status: (Passed) 2019-05-16 - Signed by Governor. H.J. 1083. [HF734 Detail]
Download: Iowa-2019-HF734-Enrolled.html
House
File
734
-
Enrolled
House
File
734
AN
ACT
RELATING
TO
POSTCONVICTION
DNA
PROFILING
PROCEDURE.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
81.1,
Code
2019,
is
amended
to
read
as
follows:
81.1
Definitions.
As
used
in
this
chapter
,
unless
the
context
otherwise
requires:
1.
“Aggravated
misdemeanor”
means
an
offense
classified
as
an
aggravated
misdemeanor
committed
by
a
person
eighteen
years
of
age
or
older
on
or
after
July
1,
2014,
other
than
any
of
the
following
offenses:
a.
A
violation
of
chapter
321
.
b.
A
second
offense
violation
of
section
321J.2
,
unless
the
person
has
more
than
one
previous
revocation
as
determined
pursuant
to
section
321J.2
,
subsection
8,
within
the
twelve-year
period
immediately
preceding
the
commission
of
the
offense
in
question.
c.
A
violation
of
chapter
716B
.
d.
A
violation
of
chapter
717A
.
e.
A
violation
of
section
725.7
.
2.
“DNA”
means
deoxyribonucleic
acid.
3.
“DNA
data
bank”
means
the
repository
for
DNA
samples
obtained
pursuant
to
section
81.4
.
4.
“DNA
database”
means
the
collection
of
DNA
profiles
and
DNA
records.
House
File
734,
p.
2
5.
“DNA
profile”
means
the
objective
form
of
the
results
of
DNA
analysis
performed
on
a
forensic
sample
or
an
individual’s
DNA
sample.
The
results
of
all
DNA
identification
analysis
on
an
individual’s
DNA
sample
are
also
collectively
referred
to
as
the
DNA
profile
of
an
individual.
“DNA
profile”
also
means
the
objective
form
of
the
results
of
DNA
analysis
performed
on
a
forensic
sample.
6.
“DNA
profiling”
means
the
procedure
established
by
the
division
of
criminal
investigation,
department
of
public
safety,
for
determining
a
person’s
genetic
identity
or
for
testing
a
forensic
sample,
including
analysis
that
might
not
result
in
the
establishment
of
a
complete
DNA
profile
.
7.
“DNA
record”
means
the
DNA
sample
and
DNA
profile,
and
other
records
in
the
DNA
database
and
DNA
data
bank
used
to
identify
a
person.
8.
“DNA
sample”
means
a
biological
sample
provided
by
any
person
required
to
submit
a
DNA
sample
or
a
DNA
sample
submitted
for
any
other
purpose
under
section
81.4
.
9.
“Forensic
sample”
means
an
evidentiary
item
that
potentially
contains
DNA
relevant
to
a
crime.
10.
“Keyboard
search”
means
a
keyboard
search
as
defined
in
the
national
DNA
index
system
operational
procedures
manual.
11.
“National
DNA
index
system”
means
a
national,
searchable
DNA
database
created
and
maintained
by
the
federal
bureau
of
investigation
where
DNA
profiles
are
stored
and
searched
at
a
local,
state,
or
national
level.
9.
12.
“Person
required
to
submit
a
DNA
sample”
means
a
person
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
.
13.
“State
DNA
index
system”
means
a
state
searchable
DNA
database
created
and
maintained
by
the
department
of
public
safety
where
DNA
profiles
are
stored
and
searched
at
the
state
level.
Sec.
2.
Section
81.10,
Code
2019,
is
amended
to
read
as
follows:
House
File
734,
p.
3
81.10
Application
requirements
for
DNA
profiling
after
conviction.
1.
A
defendant
who
has
been
convicted
of
a
felony
or
aggravated
misdemeanor
and
who
has
not
been
required
to
submit
a
DNA
sample
for
DNA
profiling
may
make
a
motion
an
application
to
the
court
for
an
order
to
require
that
DNA
analysis
profiling
be
performed
on
evidence
a
forensic
sample
collected
in
the
case
for
which
the
person
stands
convicted.
2.
The
motion
application
shall
state
the
following:
a.
The
specific
crimes
for
which
the
defendant
stands
convicted
in
this
case.
b.
The
facts
of
the
underlying
case,
as
proven
at
trial
or
admitted
to
during
a
guilty
plea
proceeding.
c.
Whether
any
of
the
charges
include
sexual
abuse
or
involve
sexual
assault,
and
if
so,
whether
a
sexual
assault
examination
was
conducted
and
evidence
forensic
samples
were
preserved,
if
known.
d.
Whether
identity
was
at
issue
or
contested
by
the
defendant.
e.
Whether
the
defendant
offered
an
alibi,
and
if
so,
testimony
corroborating
the
alibi
and,
from
whom.
f.
Whether
eyewitness
testimony
was
offered,
and
if
so
from
whom.
g.
Whether
any
issues
of
police
or
prosecutor
misconduct
have
been
raised
in
the
past
or
are
being
raised
by
the
motion
application
.
h.
The
type
of
inculpatory
evidence
admitted
into
evidence
at
trial
or
admitted
to
during
a
guilty
plea
proceeding.
i.
Whether
blood
testing
or
other
biological
evidence
testing
was
conducted
previously
in
connection
with
the
case
and,
if
so,
by
whom
and
the
result,
if
known.
j.
What
biological
evidence
exists
and,
if
known,
the
agency
or
laboratory
storing
the
evidence
forensic
sample
that
the
defendant
seeks
to
have
tested.
k.
Why
the
requested
analysis
of
DNA
evidence
DNA
profiling
of
the
forensic
sample
is
material
to
the
issue
in
the
case
and
not
merely
cumulative
or
impeaching.
l.
Why
the
DNA
evidence
profiling
results
would
have
changed
the
outcome
of
the
trial
or
invalidated
a
guilty
plea
House
File
734,
p.
4
if
the
requested
DNA
profiling
had
been
conducted
prior
to
the
conviction.
3.
a.
A
motion
proceeding
for
relief
filed
under
this
section
shall
be
filed
in
the
county
where
the
defendant
was
convicted
,
and
.
The
proceeding
is
commenced
by
filing
an
application
for
relief
with
the
district
court
in
which
the
conviction
took
place,
without
paying
a
filing
fee.
The
notice
of
the
motion
application
shall
be
served
by
certified
mail
upon
the
county
attorney
and,
if
known,
upon
the
state,
local
agency,
or
laboratory
holding
evidence
described
in
subsection
2
,
paragraph
“k”
.
The
county
attorney
shall
have
sixty
days
to
file
an
answer
to
the
motion
application
.
b.
The
application
shall
be
heard
in,
and
before
any
judge
or
the
court
in
which
the
defendant’s
conviction
or
sentence
took
place.
A
record
of
the
proceedings
shall
be
made.
4.
Any
DNA
profiling
of
the
defendant
or
other
biological
evidence
testing
conducted
by
the
state
or
by
the
defendant
shall
be
disclosed
and
the
results
of
such
profiling
or
testing
described
in
the
motion
application
or
answer.
5.
If
the
evidence
forensic
sample
requested
to
be
tested
was
previously
subjected
to
DNA
or
other
biological
analysis
by
either
party,
the
court
may
order
the
disclosure
of
the
results
of
such
testing,
including
laboratory
reports,
notes,
and
underlying
data,
to
the
court
and
the
parties.
6.
The
court
may
order
a
hearing
on
the
motion
application
to
determine
if
evidence
the
forensic
sample
should
be
subjected
to
DNA
analysis
profiling
.
7.
The
court
shall
grant
the
motion
if
all
of
the
following
apply:
a.
The
evidence
subject
to
DNA
testing
is
available
and
in
a
condition
that
will
permit
analysis.
b.
A
sufficient
chain
of
custody
has
been
established
for
the
evidence.
c.
The
identity
of
the
person
who
committed
the
crime
for
which
the
defendant
was
convicted
was
a
significant
issue
in
the
crime
for
which
the
defendant
was
convicted.
d.
The
evidence
subject
to
DNA
analysis
is
material
to,
and
not
merely
cumulative
or
impeaching
of,
evidence
included
in
the
trial
record
or
admitted
to
at
a
guilty
plea
proceeding.
House
File
734,
p.
5
e.
DNA
analysis
of
the
evidence
would
raise
a
reasonable
probability
that
the
defendant
would
not
have
been
convicted
if
DNA
profiling
had
been
available
at
the
time
of
the
conviction
and
had
been
conducted
prior
to
the
conviction.
8.
Upon
the
court
granting
a
motion
filed
pursuant
to
this
section
,
DNA
analysis
of
evidence
shall
be
conducted
within
the
guidelines
generally
accepted
by
the
scientific
community.
The
defendant
shall
provide
DNA
samples
for
testing
if
requested
by
the
state.
9.
Results
of
DNA
analysis
conducted
pursuant
to
this
section
shall
be
reported
to
the
parties
and
to
the
court
and
may
be
provided
to
the
board
of
parole,
department
of
corrections,
and
criminal
and
juvenile
justice
agencies,
as
defined
in
section
692.1
,
for
use
in
the
course
of
investigations
and
prosecutions,
and
for
consideration
in
connection
with
requests
for
parole,
pardon,
reprieve,
and
commutation.
DNA
samples
obtained
pursuant
to
this
section
may
be
included
in
the
DNA
data
bank,
and
DNA
profiles
and
DNA
records
developed
pursuant
to
this
section
may
be
included
in
the
DNA
database.
10.
A
criminal
or
juvenile
justice
agency,
as
defined
in
section
692.1
,
shall
maintain
DNA
samples
and
evidence
that
could
be
tested
for
DNA
for
a
period
of
three
years
beyond
the
limitations
for
the
commencement
of
criminal
actions
as
set
forth
in
chapter
802
.
This
section
does
not
create
a
cause
of
action
for
damages
or
a
presumption
of
spoliation
in
the
event
evidence
is
no
longer
available
for
testing.
11.
If
the
court
determines
a
defendant
who
files
a
motion
under
this
section
is
indigent,
the
defendant
shall
be
entitled
to
appointment
of
counsel
as
provided
in
chapter
815
.
12.
If
the
court
determines
after
DNA
analysis
ordered
pursuant
to
this
section
that
the
results
indicate
conclusively
that
the
DNA
profile
of
the
defendant
matches
the
profile
from
the
analyzed
evidence
used
against
the
defendant,
the
court
may
order
the
defendant
to
pay
the
costs
of
these
proceedings,
including
costs
of
all
testing,
court
costs,
and
costs
of
court-appointed
counsel,
if
any.
Sec.
3.
NEW
SECTION
.
81.11
Application
for
DNA
profiling.
1.
The
court
shall
grant
an
application
for
DNA
profiling
House
File
734,
p.
6
if
all
of
the
following
apply:
a.
The
forensic
sample
subject
to
DNA
profiling
is
available
and
either
DNA
profiling
has
not
been
performed
on
the
forensic
sample
or
DNA
profiling
has
been
previously
performed
on
the
forensic
sample
and
the
defendant
is
requesting
DNA
profiling
using
a
new
method
or
technology
that
is
substantially
more
probative
than
the
DNA
profiling
previously
performed.
b.
A
sufficient
chain
of
custody
has
been
established
for
the
forensic
sample.
c.
The
identity
of
the
person
who
committed
the
crime
for
which
the
defendant
was
convicted
was
a
significant
issue
in
the
crime
for
which
the
defendant
was
convicted.
d.
The
forensic
sample
subject
to
DNA
profiling
is
material
to,
and
not
merely
cumulative
or
impeaching
of,
evidence
included
in
the
trial
record
or
admitted
to
at
a
guilty
plea
proceeding.
e.
The
DNA
profiling
results
would
raise
a
reasonable
probability
that
the
defendant
would
not
have
been
convicted
if
such
results
had
been
introduced
at
trial.
2.
Upon
the
court
granting
an
application
filed
pursuant
to
this
section,
DNA
profiling
of
a
forensic
sample
shall
be
conducted
within
the
guidelines
generally
accepted
by
the
scientific
community
if
the
testing
type
or
resulting
profile
is
not
eligible
to
be
uploaded
or
searched
in
the
national
DNA
index
system
database.
The
defendant
shall
provide
DNA
samples
for
testing
if
requested
by
the
state.
Sec.
4.
NEW
SECTION
.
81.12
When
DNA
database
comparisons
may
be
ordered.
1.
If
DNA
profiling
ordered
under
section
81.11
produces
an
unidentified
DNA
profile,
after
notice
to
the
parties,
including
the
department
of
public
safety,
the
court
may
order
the
department
of
public
safety
to
do
any
of
the
following:
a.
Compare
the
DNA
profile
to
the
national
DNA
index
system.
The
profile
shall
only
be
compared
to
the
national
DNA
index
system
if
the
combined
DNA
index
system
administrator
determines
all
of
the
following:
(1)
The
forensic
sample
is
collected
contemporaneously
from
the
crime
scene,
has
a
nexus
to
the
crime
scene,
is
probative,
and
is
suitable
for
analysis.
House
File
734,
p.
7
(2)
The
DNA
profile
was
generated
through
a
technology
that
complies
with
all
requirements
in
the
national
DNA
index
system
operational
procedures
manual.
(3)
The
DNA
profile
meets
all
the
requirements
in
the
national
DNA
index
system
operational
procedures
manual
for
either
uploading
the
profile
or
conducting
a
keyboard
search.
b.
Compare
the
DNA
profile
to
the
state
DNA
index
system
if
the
profile
meets
all
applicable
state
requirements.
2.
If
any
provision
of
a
court
order
under
this
section
results
in
a
violation
of
federal
law,
the
federal
bureau
of
investigation’s
national
DNA
index
system
operational
procedures
manual,
or
the
memorandum
of
understanding
between
the
federal
bureau
of
investigation
laboratory
division
and
the
Iowa
division
of
criminal
investigation
criminalistics
laboratory
for
participation
in
the
national
DNA
index
system,
that
portion
of
the
order
shall
be
considered
unenforceable.
The
remaining
provisions
of
the
order
shall
remain
in
effect.
Sec.
5.
NEW
SECTION
.
81.13
Additional
DNA
profiling
provisions.
1.
The
results
of
DNA
profiling
conducted
pursuant
to
this
section
shall
be
provided
to
the
court,
the
defendant,
the
state,
and
the
federal
bureau
of
investigation.
DNA
samples
obtained
pursuant
to
this
section
may
be
included
in
the
DNA
data
bank,
and
DNA
profiles
and
DNA
records
developed
pursuant
to
this
section
may
be
included
in
the
DNA
database.
2.
A
criminal
or
juvenile
justice
agency,
as
defined
in
section
692.1,
shall
maintain
DNA
samples
and
forensic
samples
that
could
be
tested
for
DNA
for
a
period
of
three
years
beyond
the
limitations
for
the
commencement
of
criminal
actions
as
set
forth
in
chapter
802.
This
section
does
not
create
a
cause
of
action
for
damages
or
a
presumption
of
spoliation
in
the
event
a
forensic
sample
is
no
longer
available
for
testing.
3.
If
the
court
determines
a
defendant
who
files
an
application
under
this
section
is
indigent,
the
defendant
shall
be
entitled
to
appointment
of
counsel
as
provided
in
chapter
815.
4.
If
the
court
determines
after
DNA
profiling
ordered
pursuant
to
the
application
filed
under
section
81.10
that
the
results
indicate
conclusively
that
the
DNA
profile
of
the
House
File
734,
p.
8
defendant
matches
the
profile
from
the
analyzed
evidence
used
against
the
defendant,
the
court
may
order
the
defendant
to
pay
the
costs
of
these
proceedings,
including
costs
of
all
testing,
court
costs,
and
costs
of
court-appointed
counsel,
if
any.
Sec.
6.
NEW
SECTION
.
81.14
Compliance
with
applicable
laws.
A
court
shall
not
enter
an
order
under
this
chapter
that
would
result
in
a
violation
of
state
or
federal
law
or
loss
of
access
to
a
federal
system
or
database.
Sec.
7.
Section
822.2,
subsection
1,
Code
2019,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
h.
The
results
of
DNA
profiling
ordered
pursuant
to
an
application
filed
under
section
81.10
would
have
changed
the
outcome
of
the
trial
or
void
the
factual
basis
of
a
guilty
plea
had
the
profiling
been
conducted
prior
to
the
conviction.
Sec.
8.
Section
822.3,
Code
2019,
is
amended
to
read
as
follows:
822.3
How
to
commence
proceeding
——
limitation.
A
proceeding
is
commenced
by
filing
an
application
verified
by
the
applicant
with
the
clerk
of
the
district
court
in
which
the
conviction
or
sentence
took
place.
However,
if
the
applicant
is
seeking
relief
under
section
822.2,
subsection
1
,
paragraph
“f”
,
the
application
shall
be
filed
with
the
clerk
of
the
district
court
of
the
county
in
which
the
applicant
is
being
confined
within
ninety
days
from
the
date
the
disciplinary
decision
is
final.
All
other
applications
must
be
filed
within
three
years
from
the
date
the
conviction
or
decision
is
final
or,
in
the
event
of
an
appeal,
from
the
date
the
writ
of
procedendo
is
issued.
However,
this
limitation
does
not
apply
to
a
ground
of
fact
or
law
that
could
not
have
been
raised
within
the
applicable
time
period.
For
purposes
of
this
section,
a
ground
of
fact
includes
the
results
of
DNA
profiling
ordered
pursuant
to
an
application
filed
under
section
81.10.
Facts
within
the
personal
knowledge
of
the
applicant
and
the
authenticity
of
all
documents
and
exhibits
included
in
or
attached
to
the
application
must
be
sworn
to
affirmatively
as
true
and
correct.
The
supreme
court
may
prescribe
the
form
of
the
application
and
verification.
The
clerk
shall
docket
the
application
upon
its
receipt
and
House
File
734,
p.
9
promptly
bring
it
to
the
attention
of
the
court
and
deliver
a
copy
to
the
county
attorney
and
the
attorney
general.
______________________________
LINDA
UPMEYER
Speaker
of
the
House
______________________________
CHARLES
SCHNEIDER
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
734,
Eighty-eighth
General
Assembly.
______________________________
CARMINE
BOAL
Chief
Clerk
of
the
House
Approved
_______________,
2019
______________________________
KIM
REYNOLDS
Governor