Bill Text: IA SF86 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to providing and expunging a DNA sample in criminal proceedings involving a person arrested for a felony.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2017-02-01 - Subcommittee recommends indefinite postponement. [SF86 Detail]

Download: Iowa-2017-SF86-Introduced.html

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Senate File 86 - Introduced




                                 SENATE FILE       
                                 BY  KINNEY

                                      A BILL FOR

  1 An Act relating to providing and expunging a DNA sample in
  2    criminal proceedings involving a person arrested for a
  3    felony.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1101XS (8) 87
    jm/rj/rh

PAG LIN



  1  1    Section 1.  Section 81.1, subsection 9, Code 2017, is amended
  1  2 to read as follows:
  1  3    9.  "Person required to submit a DNA sample" means a person
  1  4 arrested, convicted, adjudicated delinquent, receiving a
  1  5 deferred judgment, or found not guilty by reason of insanity
  1  6 of an offense requiring DNA profiling pursuant to section
  1  7 81.2. "Person required to submit a DNA sample" also means a
  1  8 person determined to be a sexually violent predator pursuant
  1  9 to section 229A.7.
  1 10    Sec. 2.  Section 81.2, Code 2017, is amended by adding the
  1 11 following new subsection:
  1 12    NEW SUBSECTION.  01.  A person who is arrested for a felony
  1 13 shall be required to submit a DNA sample for DNA profiling
  1 14 pursuant to section 81.4, upon a finding of probable cause
  1 15 pursuant to section 81.2A.
  1 16    Sec. 3.  NEW SECTION.  81.2A  Persons arrested for a felony
  1 17 required to submit a DNA sample == finding of probable cause.
  1 18    A person who is arrested for a felony shall be required to
  1 19 submit a DNA sample for DNA profiling pursuant section 81.4
  1 20 upon a finding by a magistrate that probable cause exists for
  1 21 the arrest.
  1 22    Sec. 4.  Section 81.4, subsection 2, Code 2017, is amended
  1 23 to read as follows:
  1 24    2.  A supervising agency having control, custody, or
  1 25 jurisdiction over a person shall collect a DNA sample from a
  1 26 person required to submit a DNA sample. The supervising agency
  1 27 of a person required to submit a DNA sample shall collect a
  1 28 DNA sample, upon admittance to the pertinent institution or
  1 29 facility, of the person required to submit a DNA sample or upon
  1 30 a finding of probable cause pursuant to section 81.2A, or at a
  1 31 determined date and time set by the supervising agency. If a
  1 32 person required to submit a DNA sample is confined at the time
  1 33 a DNA sample is required, the person shall submit a DNA sample
  1 34 as soon as practicable. If a person required to submit a DNA
  1 35 sample is not confined after the person is required to submit a
  2  1 DNA sample, the supervising agency shall determine the date and
  2  2 time to collect the DNA sample.
  2  3    Sec. 5.  Section 81.9, subsections 1 and 2, Code 2017, are
  2  4 amended to read as follows:
  2  5    1.  A person whose DNA record has been included in the DNA
  2  6 database or DNA data bank established pursuant to section
  2  7 81.3 may request, in writing to the division of criminal
  2  8 investigation, expungement of the DNA record from the DNA
  2  9 database and DNA data bank based upon the person's conviction,
  2 10 adjudication, or civil commitment which caused the submission
  2 11 of the DNA sample being reversed on appeal and the case
  2 12 dismissed, or upon the person's arrest for a felony not leading
  2 13 to the conviction of any offense. The written request shall
  2 14 contain a certified copy of the final court order reversing the
  2 15 conviction, adjudication, or civil commitment, and a certified
  2 16 copy of the dismissal, and any other information necessary to
  2 17 ascertain the validity of the request.
  2 18    2.  The division of criminal investigation, upon receipt of a
  2 19 written request that validates reversal on appeal of a person's
  2 20 conviction, adjudication, or commitment, and subsequent
  2 21 dismissal of the case the request for expungement under
  2 22 subsection 1, or upon receipt of a written request by a person
  2 23 who voluntarily submitted a DNA sample pursuant to section
  2 24 81.3, subsection 3, paragraph "b", shall expunge all of the
  2 25 DNA records and identifiable information of the person in the
  2 26 DNA database and DNA data bank. However, if the division of
  2 27 criminal investigation determines that the person is otherwise
  2 28 obligated to submit a DNA sample, the DNA records shall not be
  2 29 expunged. If the division of criminal investigation denies
  2 30 an expungement request, the division shall notify the person
  2 31 requesting the expungement of the decision not to expunge
  2 32 the DNA record and the reason supporting its decision. The
  2 33 division of criminal investigation decision is subject to
  2 34 judicial review pursuant to chapter 17A.  The department of
  2 35 public safety shall adopt rules governing the expungement
  3  1 procedure and a review process.
  3  2                           EXPLANATION
  3  3 The inclusion of this explanation does not constitute agreement with
  3  4 the explanation's substance by the members of the general assembly.
  3  5    This bill relates to providing and expunging a DNA sample in
  3  6 criminal proceedings involving a person arrested for a felony.
  3  7    Current law requires a person convicted of a felony or
  3  8 certain aggravated misdemeanors to submit a DNA sample for DNA
  3  9 profiling. The bill requires a person arrested for a felony
  3 10 to submit a DNA sample for DNA profiling, upon a finding by a
  3 11 magistrate that probable cause exists for the arrest.
  3 12    The bill requires the supervising agency with jurisdiction
  3 13 over a person arrested for a felony to collect the DNA sample
  3 14 after a finding of probable cause.
  3 15    The bill allows a person arrested for a felony to expunge
  3 16 the DNA record from the DNA database and DNA data bank if the
  3 17 person's felony arrest does not lead to the conviction of any
  3 18 offense.
       LSB 1101XS (8) 87
       jm/rj/rh