Bill Text: IA SF594 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to postconviction DNA profiling procedure. (Formerly SSB 1136.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2019-04-24 - Withdrawn. S.J. 1089. [SF594 Detail]
Download: Iowa-2019-SF594-Introduced.html
Senate
File
594
-
Introduced
SENATE
FILE
594
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1136)
(COMPANION
TO
LSB
1258HV
BY
COMMITTEE
ON
JUDICIARY)
A
BILL
FOR
An
Act
relating
to
postconviction
DNA
profiling
procedure.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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1258SV
(6)
88
as/rh
S.F.
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Section
1.
Section
81.1,
Code
2019,
is
amended
to
read
as
1
follows:
2
81.1
Definitions.
3
As
used
in
this
chapter
,
unless
the
context
otherwise
4
requires:
5
1.
“Aggravated
misdemeanor”
means
an
offense
classified
as
6
an
aggravated
misdemeanor
committed
by
a
person
eighteen
years
7
of
age
or
older
on
or
after
July
1,
2014,
other
than
any
of
the
8
following
offenses:
9
a.
A
violation
of
chapter
321
.
10
b.
A
second
offense
violation
of
section
321J.2
,
unless
11
the
person
has
more
than
one
previous
revocation
as
determined
12
pursuant
to
section
321J.2
,
subsection
8,
within
the
13
twelve-year
period
immediately
preceding
the
commission
of
the
14
offense
in
question.
15
c.
A
violation
of
chapter
716B
.
16
d.
A
violation
of
chapter
717A
.
17
e.
A
violation
of
section
725.7
.
18
2.
“DNA”
means
deoxyribonucleic
acid.
19
3.
“DNA
data
bank”
means
the
repository
for
DNA
samples
20
obtained
pursuant
to
section
81.4
.
21
4.
“DNA
database”
means
the
collection
of
DNA
profiles
and
22
DNA
records.
23
5.
“DNA
profile”
means
the
objective
form
of
the
results
of
24
DNA
analysis
performed
on
a
forensic
sample
or
an
individual’s
25
DNA
sample.
The
results
of
all
DNA
identification
analysis
on
26
an
individual’s
DNA
sample
are
also
collectively
referred
to
27
as
the
DNA
profile
of
an
individual.
“DNA
profile”
also
means
28
the
objective
form
of
the
results
of
DNA
analysis
performed
on
29
a
forensic
sample.
30
6.
“DNA
profiling”
means
the
procedure
established
by
31
the
division
of
criminal
investigation,
department
of
public
32
safety,
for
determining
a
person’s
genetic
identity
or
for
33
testing
a
forensic
sample,
including
analysis
that
might
not
34
result
in
the
establishment
of
a
complete
DNA
profile
.
35
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7.
“DNA
record”
means
the
DNA
sample
and
DNA
profile,
and
1
other
records
in
the
DNA
database
and
DNA
data
bank
used
to
2
identify
a
person.
3
8.
“DNA
sample”
means
a
biological
sample
provided
by
4
any
person
required
to
submit
a
DNA
sample
or
a
DNA
sample
5
submitted
for
any
other
purpose
under
section
81.4
.
6
9.
“Forensic
sample”
means
an
evidentiary
item
that
7
potentially
contains
DNA
relevant
to
a
crime.
8
10.
“Keyboard
search”
means
a
keyboard
search
as
defined
in
9
the
national
DNA
index
system
operational
procedures
manual.
10
11.
“National
DNA
index
system”
means
a
national,
searchable
11
DNA
database
created
and
maintained
by
the
federal
bureau
of
12
investigation
where
DNA
profiles
are
stored
and
searched
at
a
13
local,
state,
or
national
level.
14
9.
12.
“Person
required
to
submit
a
DNA
sample”
means
a
15
person
convicted,
adjudicated
delinquent,
receiving
a
deferred
16
judgment,
or
found
not
guilty
by
reason
of
insanity
of
an
17
offense
requiring
DNA
profiling
pursuant
to
section
81.2
.
18
“Person
required
to
submit
a
DNA
sample”
also
means
a
person
19
determined
to
be
a
sexually
violent
predator
pursuant
to
20
section
229A.7
.
21
13.
“State
DNA
index
system”
means
a
state
searchable
DNA
22
database
created
and
maintained
by
the
department
of
public
23
safety
where
DNA
profiles
are
stored
and
searched
at
the
state
24
level.
25
Sec.
2.
Section
81.10,
Code
2019,
is
amended
to
read
as
26
follows:
27
81.10
Application
requirements
for
DNA
profiling
after
28
conviction.
29
1.
A
defendant
who
has
been
convicted
of
a
felony
or
30
aggravated
misdemeanor
and
who
has
not
been
required
to
submit
31
a
DNA
sample
for
DNA
profiling
may
make
a
motion
an
application
32
to
the
court
for
an
order
to
require
that
DNA
analysis
33
profiling
be
performed
on
evidence
a
forensic
sample
collected
34
in
the
case
for
which
the
person
stands
convicted.
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2.
The
motion
application
shall
state
the
following:
1
a.
The
specific
crimes
for
which
the
defendant
stands
2
convicted
in
this
case.
3
b.
The
facts
of
the
underlying
case,
as
proven
at
trial
or
4
admitted
to
during
a
guilty
plea
proceeding.
5
c.
Whether
any
of
the
charges
include
sexual
abuse
or
6
involve
sexual
assault,
and
if
so,
whether
a
sexual
assault
7
examination
was
conducted
and
evidence
forensic
samples
were
8
preserved,
if
known.
9
d.
Whether
identity
was
at
issue
or
contested
by
the
10
defendant.
11
e.
Whether
the
defendant
offered
an
alibi,
and
if
so,
12
testimony
corroborating
the
alibi
and,
from
whom.
13
f.
Whether
eyewitness
testimony
was
offered,
and
if
so
from
14
whom.
15
g.
Whether
any
issues
of
police
or
prosecutor
misconduct
16
have
been
raised
in
the
past
or
are
being
raised
by
the
motion.
17
h.
The
type
of
inculpatory
evidence
admitted
into
evidence
18
at
trial
or
admitted
to
during
a
guilty
plea
proceeding.
19
i.
Whether
blood
testing
or
other
biological
evidence
20
testing
was
conducted
previously
in
connection
with
the
case
21
and,
if
so,
by
whom
and
the
result,
if
known.
22
j.
What
biological
evidence
exists
and,
if
known,
the
agency
23
or
laboratory
storing
the
evidence
forensic
sample
that
the
24
defendant
seeks
to
have
tested.
25
k.
Why
the
requested
analysis
of
DNA
evidence
DNA
profiling
26
of
the
forensic
sample
is
material
to
the
issue
in
the
case
and
27
not
merely
cumulative
or
impeaching.
28
l.
Why
the
DNA
evidence
profiling
results
would
have
29
changed
the
outcome
of
the
trial
or
invalidated
a
guilty
plea
30
if
the
requested
DNA
profiling
had
been
conducted
prior
to
the
31
conviction.
32
3.
a.
A
motion
proceeding
for
relief
filed
under
this
33
section
shall
be
filed
in
the
county
where
the
defendant
was
34
convicted
,
and
.
The
proceeding
is
commenced
by
filing
an
35
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application
for
relief
with
the
district
court
in
which
the
1
conviction
took
place,
without
paying
a
filing
fee.
The
notice
2
of
the
motion
application
shall
be
served
by
certified
mail
3
upon
the
county
attorney
and,
if
known,
upon
the
state,
local
4
agency,
or
laboratory
holding
evidence
described
in
subsection
5
2
,
paragraph
“k”
.
The
county
attorney
shall
have
sixty
days
to
6
file
an
answer
to
the
motion.
7
b.
The
application
shall
be
heard
in,
and
before
any
judge
8
or
the
court
in
which
the
defendant’s
conviction
or
sentence
9
took
place.
A
record
of
the
proceedings
shall
be
made.
10
4.
Any
DNA
profiling
of
the
defendant
or
other
biological
11
evidence
testing
conducted
by
the
state
or
by
the
defendant
12
shall
be
disclosed
and
the
results
of
such
profiling
or
testing
13
described
in
the
motion
or
answer.
14
5.
If
the
evidence
forensic
sample
requested
to
be
tested
15
was
previously
subjected
to
DNA
or
other
biological
analysis
16
by
either
party,
the
court
may
order
the
disclosure
of
the
17
results
of
such
testing,
including
laboratory
reports,
notes,
18
and
underlying
data,
to
the
court
and
the
parties.
19
6.
The
court
may
order
a
hearing
on
the
motion
to
determine
20
if
evidence
the
forensic
sample
should
be
subjected
to
DNA
21
analysis
profiling
.
22
7.
The
court
shall
grant
the
motion
if
all
of
the
following
23
apply:
24
a.
The
evidence
subject
to
DNA
testing
is
available
and
in
a
25
condition
that
will
permit
analysis.
26
b.
A
sufficient
chain
of
custody
has
been
established
for
27
the
evidence.
28
c.
The
identity
of
the
person
who
committed
the
crime
for
29
which
the
defendant
was
convicted
was
a
significant
issue
in
30
the
crime
for
which
the
defendant
was
convicted.
31
d.
The
evidence
subject
to
DNA
analysis
is
material
to,
and
32
not
merely
cumulative
or
impeaching
of,
evidence
included
in
33
the
trial
record
or
admitted
to
at
a
guilty
plea
proceeding.
34
e.
DNA
analysis
of
the
evidence
would
raise
a
reasonable
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probability
that
the
defendant
would
not
have
been
convicted
if
1
DNA
profiling
had
been
available
at
the
time
of
the
conviction
2
and
had
been
conducted
prior
to
the
conviction.
3
8.
Upon
the
court
granting
a
motion
filed
pursuant
to
this
4
section
,
DNA
analysis
of
evidence
shall
be
conducted
within
the
5
guidelines
generally
accepted
by
the
scientific
community.
The
6
defendant
shall
provide
DNA
samples
for
testing
if
requested
7
by
the
state.
8
9.
Results
of
DNA
analysis
conducted
pursuant
to
this
9
section
shall
be
reported
to
the
parties
and
to
the
court
10
and
may
be
provided
to
the
board
of
parole,
department
of
11
corrections,
and
criminal
and
juvenile
justice
agencies,
12
as
defined
in
section
692.1
,
for
use
in
the
course
of
13
investigations
and
prosecutions,
and
for
consideration
in
14
connection
with
requests
for
parole,
pardon,
reprieve,
and
15
commutation.
DNA
samples
obtained
pursuant
to
this
section
16
may
be
included
in
the
DNA
data
bank,
and
DNA
profiles
and
DNA
17
records
developed
pursuant
to
this
section
may
be
included
in
18
the
DNA
database.
19
10.
A
criminal
or
juvenile
justice
agency,
as
defined
in
20
section
692.1
,
shall
maintain
DNA
samples
and
evidence
that
21
could
be
tested
for
DNA
for
a
period
of
three
years
beyond
the
22
limitations
for
the
commencement
of
criminal
actions
as
set
23
forth
in
chapter
802
.
This
section
does
not
create
a
cause
of
24
action
for
damages
or
a
presumption
of
spoliation
in
the
event
25
evidence
is
no
longer
available
for
testing.
26
11.
If
the
court
determines
a
defendant
who
files
a
motion
27
under
this
section
is
indigent,
the
defendant
shall
be
entitled
28
to
appointment
of
counsel
as
provided
in
chapter
815
.
29
12.
If
the
court
determines
after
DNA
analysis
ordered
30
pursuant
to
this
section
that
the
results
indicate
conclusively
31
that
the
DNA
profile
of
the
defendant
matches
the
profile
from
32
the
analyzed
evidence
used
against
the
defendant,
the
court
33
may
order
the
defendant
to
pay
the
costs
of
these
proceedings,
34
including
costs
of
all
testing,
court
costs,
and
costs
of
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court-appointed
counsel,
if
any.
1
Sec.
3.
NEW
SECTION
.
81.11
Application
for
DNA
profiling.
2
1.
The
court
shall
grant
an
application
for
DNA
profiling
3
if
all
of
the
following
apply:
4
a.
The
forensic
sample
subject
to
DNA
profiling
is
available
5
and
either
DNA
profiling
has
not
been
performed
on
the
forensic
6
sample
or
DNA
profiling
has
been
previously
performed
on
the
7
forensic
sample
and
the
defendant
is
requesting
DNA
profiling
8
using
a
new
method
or
technology
that
is
substantially
more
9
probative
than
the
DNA
profiling
previously
performed.
10
b.
A
sufficient
chain
of
custody
has
been
established
for
11
the
forensic
sample.
12
c.
The
identity
of
the
person
who
committed
the
crime
for
13
which
the
defendant
was
convicted
was
a
significant
issue
in
14
the
crime
for
which
the
defendant
was
convicted.
15
d.
The
forensic
sample
subject
to
DNA
profiling
is
material
16
to,
and
not
merely
cumulative
or
impeaching
of,
evidence
17
included
in
the
trial
record
or
admitted
to
at
a
guilty
plea
18
proceeding.
19
e.
The
DNA
profiling
results
would
raise
a
reasonable
20
probability
that
the
defendant
would
not
have
been
convicted
if
21
such
results
had
been
introduced
at
trial.
22
2.
Upon
the
court
granting
an
application
filed
pursuant
23
to
this
section,
DNA
profiling
of
a
forensic
sample
shall
be
24
conducted
within
the
guidelines
generally
accepted
by
the
25
scientific
community
if
the
testing
type
or
resulting
profile
26
is
not
eligible
to
be
uploaded
or
searched
in
the
national
DNA
27
index
system
database.
The
defendant
shall
provide
DNA
samples
28
for
testing
if
requested
by
the
state.
29
Sec.
4.
NEW
SECTION
.
81.12
When
DNA
database
comparisons
30
may
be
ordered.
31
1.
If
DNA
profiling
ordered
under
section
81.11
produces
32
an
unidentified
DNA
profile,
after
notice
to
the
parties,
33
including
the
department
of
public
safety,
the
court
may
order
34
the
department
of
public
safety
to
do
any
of
the
following:
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a.
Compare
the
DNA
profile
to
the
national
DNA
index
1
system.
The
profile
shall
only
be
compared
to
the
national
DNA
2
index
system
if
the
combined
DNA
index
system
administrator
3
determines
all
of
the
following:
4
(1)
The
forensic
sample
is
collected
contemporaneously
from
5
the
crime
scene,
has
a
nexus
to
the
crime
scene,
is
probative,
6
and
is
suitable
for
analysis.
7
(2)
The
DNA
profile
was
generated
through
a
technology
that
8
complies
with
all
requirements
in
the
national
DNA
index
system
9
operational
procedures
manual.
10
(3)
The
DNA
profile
meets
all
the
requirements
in
the
11
national
DNA
index
system
operational
procedures
manual
for
12
either
uploading
the
profile
or
conducting
a
keyboard
search.
13
b.
Compare
the
DNA
profile
to
the
state
DNA
index
system
if
14
the
profile
meets
all
applicable
state
requirements.
15
2.
If
any
provision
of
a
court
order
under
this
section
16
results
in
a
violation
of
federal
law,
the
federal
bureau
17
of
investigation’s
national
DNA
index
system
operational
18
procedures
manual,
or
the
memorandum
of
understanding
between
19
the
federal
bureau
of
investigation
laboratory
division
and
20
the
Iowa
division
of
criminal
investigation
criminalistics
21
laboratory
for
participation
in
the
national
DNA
index
system,
22
that
portion
of
the
order
shall
be
considered
unenforceable.
23
The
remaining
provisions
of
the
order
shall
remain
in
effect.
24
Sec.
5.
NEW
SECTION
.
81.13
Additional
DNA
profiling
25
provisions.
26
1.
The
results
of
DNA
profiling
conducted
pursuant
to
this
27
section
shall
be
provided
to
the
court,
the
defendant,
the
28
state,
and
the
federal
bureau
of
investigation.
DNA
samples
29
obtained
pursuant
to
this
section
may
be
included
in
the
DNA
30
data
bank,
and
DNA
profiles
and
DNA
records
developed
pursuant
31
to
this
section
may
be
included
in
the
DNA
database.
32
2.
A
criminal
or
juvenile
justice
agency,
as
defined
in
33
section
692.1,
shall
maintain
DNA
samples
and
forensic
samples
34
that
could
be
tested
for
DNA
for
a
period
of
three
years
beyond
35
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the
limitations
for
the
commencement
of
criminal
actions
as
set
1
forth
in
chapter
802.
This
section
does
not
create
a
cause
of
2
action
for
damages
or
a
presumption
of
spoliation
in
the
event
3
a
forensic
sample
is
no
longer
available
for
testing.
4
3.
If
the
court
determines
a
defendant
who
files
an
5
application
under
this
section
is
indigent,
the
defendant
shall
6
be
entitled
to
appointment
of
counsel
as
provided
in
chapter
7
815.
8
4.
If
the
court
determines
after
DNA
profiling
ordered
9
pursuant
to
the
motion
filed
under
section
81.10
that
the
10
results
indicate
conclusively
that
the
DNA
profile
of
the
11
defendant
matches
the
profile
from
the
analyzed
evidence
used
12
against
the
defendant,
the
court
may
order
the
defendant
to
pay
13
the
costs
of
these
proceedings,
including
costs
of
all
testing,
14
court
costs,
and
costs
of
court-appointed
counsel,
if
any.
15
Sec.
6.
NEW
SECTION
.
81.14
Compliance
with
applicable
laws.
16
A
court
shall
not
enter
an
order
under
this
chapter
that
17
would
result
in
a
violation
of
state
or
federal
law
or
loss
of
18
access
to
a
federal
system
or
database.
19
Sec.
7.
Section
822.2,
subsection
1,
Code
2019,
is
amended
20
by
adding
the
following
new
paragraph:
21
NEW
PARAGRAPH
.
h.
The
results
of
DNA
profiling
ordered
22
pursuant
to
a
motion
filed
under
section
81.10
would
have
23
changed
the
outcome
of
the
trial
or
void
the
factual
basis
of
24
a
guilty
plea
had
the
profiling
been
conducted
prior
to
the
25
conviction.
26
Sec.
8.
Section
822.3,
Code
2019,
is
amended
to
read
as
27
follows:
28
822.3
How
to
commence
proceeding
——
limitation.
29
A
proceeding
is
commenced
by
filing
an
application
verified
30
by
the
applicant
with
the
clerk
of
the
district
court
in
31
which
the
conviction
or
sentence
took
place.
However,
if
the
32
applicant
is
seeking
relief
under
section
822.2,
subsection
1
,
33
paragraph
“f”
,
the
application
shall
be
filed
with
the
clerk
34
of
the
district
court
of
the
county
in
which
the
applicant
35
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is
being
confined
within
ninety
days
from
the
date
the
1
disciplinary
decision
is
final.
All
other
applications
must
2
be
filed
within
three
years
from
the
date
the
conviction
or
3
decision
is
final
or,
in
the
event
of
an
appeal,
from
the
date
4
the
writ
of
procedendo
is
issued.
However,
this
limitation
5
does
not
apply
to
a
ground
of
fact
or
law
that
could
not
have
6
been
raised
within
the
applicable
time
period.
For
purposes
7
of
this
section,
a
ground
of
fact
includes
the
results
of
DNA
8
profiling
ordered
pursuant
to
a
motion
filed
under
section
9
81.10.
Facts
within
the
personal
knowledge
of
the
applicant
10
and
the
authenticity
of
all
documents
and
exhibits
included
in
11
or
attached
to
the
application
must
be
sworn
to
affirmatively
12
as
true
and
correct.
The
supreme
court
may
prescribe
the
form
13
of
the
application
and
verification.
The
clerk
shall
docket
14
the
application
upon
its
receipt
and
promptly
bring
it
to
15
the
attention
of
the
court
and
deliver
a
copy
to
the
county
16
attorney
and
the
attorney
general.
17
EXPLANATION
18
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
19
the
explanation’s
substance
by
the
members
of
the
general
assembly.
20
This
bill
relates
to
a
defendant
filing
an
application
for
21
an
order
to
require
that
DNA
analysis
be
performed
on
evidence
22
after
conviction.
23
The
bill
modifies
or
adds
numerous
definitions
under
Code
24
chapter
81
(DNA
profiling).
25
The
bill
defines
“national
DNA
index
system”
to
mean
a
26
national,
searchable
DNA
database
created
and
maintained
by
the
27
federal
bureau
of
investigation
where
DNA
profiles
are
stored
28
and
searched
at
a
local,
state,
or
national
level.
29
The
bill
expands
the
definition
of
“DNA
profile”
to
include
30
the
objective
form
of
the
results
of
DNA
analysis
performed
on
31
a
forensic
sample
or
an
individual’s
DNA
sample.
Currently,
32
“DNA
profile”
means
the
objective
form
of
the
results
of
DNA
33
analysis
performed
on
a
DNA
sample,
and
the
results
of
all
DNA
34
identification
analysis
on
an
individual’s
DNA
sample
are
also
35
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collectively
referred
to
as
the
DNA
profile
of
an
individual.
1
The
bill
defines
“forensic
sample”
to
mean
an
evidentiary
2
item
that
potentially
contains
DNA
relevant
to
a
crime.
3
The
bill
defines
“keyboard
search”
to
mean
a
keyboard
4
search
as
defined
in
the
national
DNA
index
system
operational
5
procedures
manual.
6
The
bill
defines
“state
DNA
index
system”
to
mean
a
7
state
searchable
DNA
database
created
and
maintained
by
the
8
department
of
public
safety
where
DNA
profiles
are
stored
and
9
searched
at
the
state
level.
10
The
bill
provides
that
a
defendant
who
has
been
convicted
of
11
a
felony
or
an
aggravated
misdemeanor
may
make
an
application
12
to
the
court
for
an
order
to
require
that
DNA
profiling
be
13
performed
on
a
forensic
sample
collected
in
the
case
for
which
14
the
defendant
stands
convicted.
Current
law
provides
that
such
15
a
defendant
who
has
not
previously
been
required
to
submit
a
16
DNA
sample
for
DNA
profiling
may
make
such
an
application.
17
The
bill
requires
the
defendant’s
application
for
an
order
18
to
require
DNA
profiling
be
performed
on
a
forensic
sample
19
collected
in
the
case
to
include
a
statement
detailing
why
20
the
DNA
profiling
results
would
have
changed
the
outcome
of
21
the
trial
or
invalidated
a
guilty
plea
if
the
requested
DNA
22
profiling
had
been
conducted
prior
to
the
conviction.
Current
23
law
requires
such
application
to
state
why
DNA
evidence
would
24
have
changed
the
outcome
of
the
trial
or
invalidated
a
guilty
25
plea
if
DNA
profiling
had
been
conducted
prior
to
conviction.
26
The
bill
specifies
that
the
defendant’s
application
shall
27
be
served
upon
the
county
attorney
and
upon
the
laboratory,
if
28
known
by
the
defendant,
holding
the
biological
evidence.
29
Subject
to
the
confidentiality
provisions
of
Code
section
30
81.8,
the
bill
requires
that
any
DNA
profiling
of
the
defendant
31
or
an
unknown
person,
or
other
biological
evidence
conducted
32
by
the
state
or
by
the
defendant
shall
be
disclosed
and
the
33
results
of
such
profiling
or
other
testing
be
described
in
34
the
motion
or
answer.
Current
law
requires
DNA
profiling,
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not
DNA
testing
results,
to
be
disclosed
and
does
not
require
1
disclosure
when
the
DNA
profiling
results
in
the
DNA
profile
of
2
an
unknown
person.
3
The
bill
specifies
that
the
court
shall
grant
the
4
defendant’s
application
for
an
order
to
require
that
DNA
5
profiling
be
performed
on
a
forensic
sample
collected
in
the
6
case
for
which
the
person
stands
convicted
when
either
DNA
7
profiling
has
not
been
performed
on
the
forensic
sample
or
when
8
DNA
profiling
has
been
previously
performed
on
the
forensic
9
sample
and
the
defendant
is
requesting
DNA
profiling
using
a
10
new
method
or
technology
that
is
substantially
more
probative
11
than
the
DNA
profiling
previously
performed.
12
Additionally,
the
bill
specifies
that
the
defendant’s
13
application
shall
be
granted
if
a
sufficient
chain
of
custody
14
has
been
established
for
the
forensic
sample;
the
identity
of
15
the
person
who
committed
the
crime
for
which
the
defendant
16
was
convicted
was
a
significant
issue
in
the
crime
for
which
17
the
defendant
was
convicted;
the
forensic
sample
is
material
18
to
evidence
included
in
the
trial
record
or
admitted
to
at
a
19
guilty
plea
proceeding;
and
the
DNA
profiling
results
would
20
raise
a
reasonable
probability
that
the
defendant
would
not
21
have
been
convicted
if
such
results
had
been
introduced
at
22
trial.
23
Upon
the
court
granting
a
defendant’s
application
under
the
24
bill,
DNA
profiling
of
a
forensic
sample
shall
be
conducted
25
within
the
guidelines
generally
accepted
by
the
scientific
26
community
if
the
testing
type
or
resulting
profile
is
not
27
eligible
to
be
uploaded
or
searched
in
the
national
DNA
index
28
system
database.
If
court-ordered
DNA
profiling
produces
an
29
unidentified
DNA
profile,
after
notice
to
the
parties,
the
30
court
may
order
the
department
of
public
safety
to
either:
(1)
31
compare
the
DNA
profile
to
the
national
DNA
index
system
if
the
32
combined
DNA
index
system
administrator
determines
that
the
33
forensic
sample
is
collected
contemporaneously
from
the
crime
34
scene,
has
a
nexus
to
the
crime
scene,
is
probative,
and
is
35
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suitable
for
analysis;
the
DNA
profile
was
generated
through
a
1
technology
that
complies
with
all
requirements
in
the
national
2
DNA
index
system
operational
procedures
manual;
and
the
DNA
3
profile
meets
all
the
requirements
in
the
national
DNA
index
4
system
operational
procedures
manual
for
either
uploading
the
5
profile
or
conducting
a
keyboard
search
or
(2)
compare
the
DNA
6
profile
to
the
state
DNA
index
system
if
the
profile
meets
all
7
applicable
state
requirements.
8
The
bill
provides
that
if
any
provision
of
the
court
order
9
results
in
a
violation
of
federal
law,
the
federal
bureau
10
of
investigation’s
national
DNA
index
system
operational
11
procedures
manual,
or
the
memorandum
of
understanding
between
12
the
federal
bureau
of
investigation
laboratory
division
and
13
the
Iowa
division
of
criminal
investigation
criminalistics
14
laboratory
for
participation
in
the
national
DNA
index
system,
15
that
portion
of
the
order
shall
be
considered
unenforceable.
16
The
bill
provides
that
the
results
of
DNA
profiling
shall
17
be
provided
to
the
court,
the
defendant,
the
state,
and
18
the
federal
bureau
of
investigation.
DNA
samples
obtained
19
pursuant
to
the
bill
may
be
included
in
the
DNA
data
bank,
20
and
DNA
profiles
and
DNA
records
may
be
included
in
the
21
DNA
database.
A
criminal
or
juvenile
justice
agency
shall
22
maintain
DNA
samples
and
forensic
samples
that
could
be
tested
23
for
DNA
for
a
period
of
three
years
beyond
the
limitations
24
for
the
commencement
of
criminal
actions
under
Code
chapter
25
802.
Failure
to
maintain
DNA
samples
and
forensic
samples
as
26
specified
in
the
bill
does
not
create
a
cause
of
action
for
27
damages
or
a
presumption
of
spoliation
in
the
event
a
forensic
28
sample
is
no
longer
available
for
testing.
29
If
the
court
determines
a
defendant
who
files
an
application
30
under
the
bill
is
indigent,
the
defendant
shall
be
entitled
to
31
appointment
of
counsel
as
provided
in
Code
chapter
815.
32
If
the
court
determines
after
DNA
profiling
was
ordered
that
33
the
results
indicate
conclusively
that
the
DNA
profile
of
the
34
defendant
matches
the
profile
from
the
analyzed
evidence
used
35
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against
the
defendant,
the
court
may
order
the
defendant
to
pay
1
the
costs
of
the
proceedings
as
specified
in
the
bill.
2
The
bill
provides
that
a
court
shall
not
enter
an
order
under
3
Code
chapter
81
that
would
result
in
a
violation
of
state
or
4
federal
law
or
loss
of
access
to
a
federal
system
or
database.
5
The
bill
provides
that
a
finding
that
the
results
of
DNA
6
profiling
ordered
would
have
changed
the
outcome
of
the
trial
7
or
would
void
the
factual
basis
of
a
guilty
plea
had
the
8
profiling
been
conducted
prior
to
the
conviction
can
form
the
9
basis
for
a
postconviction
proceeding,
and
such
results
are
10
considered
a
ground
of
fact
which
could
not
have
been
raised
11
within
the
applicable
time
period
for
bringing
a
postconviction
12
relief
proceeding.
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