Relating to criminal investigation, including the extension of DNA submission requirements to persons arrested for a felony or aggravated misdemeanor

Description

House File 2624 extends DNA submission requirements to persons arrested for a felony or aggravated misdemeanor.

Under the Bill, a person who is arrested for a felony or aggravated misdemeanor, or who receives a deferred judgment for a felony or against whom a judgment or conviction for a felony or aggravated misdemeanor has been entered, is required to submit a DNA sample for DNA profiling pursuant to Iowa Code section 81.4. A sample is not required if a sample has previously been taken, is in the possession of the DNA database or DNA data bank, and has not been expunged.

Under the Bill, the DNA record of a person must be expunged within 30 days if either of the following conditions are met:

• The person’s conviction, adjudication, or civil commitment is reversed on appeal and the case is dismissed.
• The person’s arrest resulted in an aggravated misdemeanor or felony charge that has been resolved by dismissal or acquittal.
• The case was not filed within a year.

The Bill requires the Division of Criminal Investigation (DCI), upon being notified that a person’s DNA record is eligible for expungement, to expunge all the DNA records and identifiable information of the person in the DNA database and DNA data bank.

Background

Current law requires a person who receives a deferred judgment for a felony or against whom a judgment or conviction for a felony or aggravated misdemeanor has been entered to submit a DNA sample for DNA profiling.

The DCI Criminalistics Laboratory is responsible for the permanent storage of convicted offender DNA samples. Under current law, the DCI Criminalistics Laboratory processes approximately 7,000 DNA samples per year for inclusion in the Combined DNA Index System (CODIS) database. On average, it takes two criminalists to analyze 1,400 DNA samples per month (or 16,800 per year).

Assumptions

• There is an expected increase of over 28,000 new samples in the first year of implementation, and approximately 12,000 to 15,000 new database samples annually thereafter.
• The additional case workload will require four additional FTE positions. The job classes and costs of these positions will be as follows:
• 2.0 criminalists with estimated entry-level salary and benefits of $170,000 total.
• 1.0 Criminalist Supervisor position with estimated entry-level salary and benefits of $100,000.
• 1.0 Forensic Science Technician position with estimated entry-level salary and benefits of $66,000.
• New staff equipment would be required at a one-time estimated cost of approximately $12,800 and an annual cost of $2,400.
• The DCI Criminalistics Laboratory will require a third rolling storage unit at a one-time estimated cost of approximately $120,000.
• The DCI Criminalistics Laboratory would require additional office and laboratory space. Construction and outfitting costs for renovations or additions will be a one-time estimated cost of approximately $400,000.
• The DCI Criminalistics Laboratory would need to purchase one new 3500 Genetic Analyzer instrument, one new Qiagility robot, and one new Proflex Thermalcycler instrument at a one-time estimated total cost of approximately $173,000.
• The DCI Criminalistics Laboratory would have to purchase 21 amplification kits in the first year at a cost of $16,000 per kit for a total of $331,000. Each subsequent year would require the purchase of an additional eight amplification kits at a cost of approximately $126,000.

Fiscal Impact

The total fiscal impact to the DCI Criminalistics Laboratory in FY 2027 is approximately $1.4 million with an annual ongoing cost of $473,000. Details are shown in Figure 1 below. Figure 1 ─ Estimated Costs to the DCI Criminalistics Laboratory for House File 2624 Expense FY 2027 FY 2028 Criminalist Supervisor FTE Position $ 100,000 $ 100,000 Two Criminalist FTE Positions 179,000 179,000 3500 Genetic Analyzer Instrument, Qiagility Robot,

Proflex Thermalcycler Instrument

173,000 0 Forensic Science Technician FTE Position 66,000 66,000 Rolling Storage Unit 120,000 0 Additional Office and Laboratory Space 400,000 0 Amplification Kits 331,000 126,000 Staff Equipment 12,800 2,400 Total Cost: $ 1,400,000 $ 473,000

Source

• Department of Public Safety