Relating to postconviction DNA profiling procedure. Effective 7-1-19

Currently, “DNA profile” means the objective form of the results of DNA analysis performed on a DNA sample, and 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. The bill defines “forensic sample” to mean an evidentiary item that potentially contains DNA relevant to a crime. The bill defines “keyboard search” to mean a keyboard search as defined in the national DNA index system operational procedures manual. The bill defines “state DNA index system” to mean 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. The bill provides that a defendant who has been convicted of a felony or an aggravated misdemeanor may make an application to the court for an order to require that DNA profiling be performed on a forensic sample collected in the case for which the defendant stands convicted. Current law provides that such a defendant who has not previously been required to submit a DNA sample for DNA profiling may make such an application. The bill requires the defendant’s application for an order to require DNA profiling be performed on a forensic sample collected in the case to include a statement detailing why the DNA profiling results would have changed the outcome of the trial or invalidated a guilty plea if the requested DNA profiling had been conducted prior to the conviction. Current law requires such application to state why DNA evidence would have changed the outcome of the trial or invalidated a guilty plea if DNA profiling had been conducted prior to conviction. The bill specifies that the defendant’s application shall be served upon the county attorney and upon the laboratory, if known by the defendant, holding the biological evidence.8, the bill requires that any DNA profiling of the defendant or an unknown person, or other biological evidence conducted by the state or by the defendant shall be disclosed and the results of such profiling or other testing be described in the motion or answer. Current law requires DNA profiling, not DNA testing results, to be disclosed and does not require disclosure when the DNA profiling results in the DNA profile of an unknown person. The bill specifies that the court shall grant the defendant’s application for an order to require that DNA profiling be performed on a forensic sample collected in the case for which the person stands convicted when either DNA profiling has not been performed on the forensic sample or when 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. Additionally, the bill specifies that the defendant’s application shall be granted if a sufficient chain of custody has been established for the forensic sample; 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; the forensic sample is material to evidence included in the trial record or admitted to at a guilty plea proceeding; and 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. Upon the court granting a defendant’s application under the bill, 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. If court-ordered DNA profiling produces an unidentified DNA profile, after notice to the parties, the court may order the department of public safety to either: (1) compare the DNA profile to the national DNA index system if the combined DNA index system administrator determines that the forensic sample is collected contemporaneously from the crime scene, has a nexus to the crime scene, is probative, and is suitable for analysis; the DNA profile was generated through a technology that complies with all requirements in the national DNA index system operational procedures manual; and 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 or (2) compare the DNA profile to the state DNA index system if the profile meets all applicable state requirements. The bill provides that if any provision of the court order 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 bill provides that the results of DNA profiling shall be provided to the court, the defendant, the state, and the federal bureau of investigation. DNA samples obtained pursuant to the bill may be included in the DNA data bank, and DNA profiles and DNA records may be included in the DNA database. A criminal or juvenile justice agency 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 under Code chapter 802. Failure to maintain DNA samples and forensic samples as specified in the bill 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. If the court determines a defendant who files an application under the bill is indigent, the defendant shall be entitled to appointment of counsel as provided in Code chapter 815. If the court determines after DNA profiling was ordered 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 the proceedings as specified in the bill. The bill provides that a court shall not enter an order under Code chapter that would result in a violation of state or federal law or loss of access to a federal system or database. The bill provides that a finding that the results of DNA profiling ordered would have changed the outcome of the trial or would void the factual basis of a guilty plea had the profiling been conducted prior to the conviction can form the basis for a postconviction proceeding, and such results are considered a ground of fact which could not have been raised within the applicable time period for bringing a postconviction relief proceeding.