Bill Text: IA HF527 | 2013-2014 | 85th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act requiring certain aggravated misdemeanants to submit a DNA sample and including effective date provisions. (Formerly HSB 51) Effective 7-1-14.

Spectrum: Committee Bill

Status: (Passed) 2013-12-31 - END OF 2013 ACTIONS [HF527 Detail]

Download: Iowa-2013-HF527-Introduced.html
House File 527 - Introduced HOUSE FILE 527 BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HSB 51) A BILL FOR An Act requiring a person other than a juvenile convicted 1 of or receiving a deferred judgment for an aggravated 2 misdemeanor to submit a DNA sample and including effective 3 date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1176HV (2) 85 jm/rj
H.F. 527 Section 1. Section 81.1, Code 2013, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 01. “Aggravated misdemeanor” means any 3 offense classified as an aggravated misdemeanor, other than an 4 aggravated misdemeanor under chapter 321, but only if committed 5 by a person eighteen years of age or older. 6 Sec. 2. Section 81.2, subsection 1, Code 2013, is amended 7 to read as follows: 8 1. A person who receives a deferred judgment for a felony or 9 aggravated misdemeanor or against whom a judgment or conviction 10 for a felony or aggravated misdemeanor has been entered shall 11 be required to submit a DNA sample for DNA profiling pursuant 12 to section 81.4 . 13 Sec. 3. Section 81.10, subsection 1, Code 2013, is amended 14 to read as follows: 15 1. A defendant who has been convicted of a felony or 16 aggravated misdemeanor and who has not been required to submit 17 a DNA sample for DNA profiling may make a motion to the court 18 for an order to require that DNA analysis be performed on 19 evidence collected in the case for which the person stands 20 convicted. 21 Sec. 4. IMPLEMENTATION OF ACT. Section 25B.2, subsection 22 3, shall not apply to this Act. 23 Sec. 5. EFFECTIVE DATE. This Act takes effect July 1, 2014. 24 EXPLANATION 25 Current law provides that a person who is convicted of or 26 who receives a deferred judgment for an offense classified as a 27 felony shall submit a DNA sample for DNA profiling. 28 This bill requires a person convicted of or who receives 29 a deferred judgment for an offense that is classified as 30 an aggravated misdemeanor to submit a DNA sample for DNA 31 profiling. 32 The bill defines aggravated misdemeanor to mean any 33 offense classified as an aggravated misdemeanor other than an 34 aggravated misdemeanor under Code chapter 321, but only if 35 -1- LSB 1176HV (2) 85 jm/rj 1/ 2
H.F. 527 committed by a person 18 years of age or older. 1 The bill allows a defendant convicted of an aggravated 2 misdemeanor and who has not been required to submit a DNA 3 sample to move the court to order DNA profiling of evidence 4 collected in the defendant’s case. 5 The bill may include a state mandate as defined in Code 6 section 25B.3. The bill makes inapplicable Code section 25B.2, 7 subsection 3, which would relieve a political subdivision from 8 complying with a state mandate if funding for the cost of 9 the state mandate is not provided or specified. Therefore, 10 political subdivisions are required to comply with any state 11 mandate included in the bill. 12 The bill takes effect July 1, 2014. 13 -2- LSB 1176HV (2) 85 jm/rj 2/ 2
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