Iowa Code 81.4 – Collecting, submitting, analyzing, identifying, and storing DNA samples and DNA records
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1. The division of criminal investigation shall adopt rules for the collection, submission, analysis, identification, storage, and disposition of DNA records.
Terms Used In Iowa Code 81.4
- Contract: A legal written agreement that becomes binding when signed.
- DNA: means deoxyribonucleic acid. See Iowa Code 81.1
- DNA profiling: means the procedure for determining a person's genetic identity or for testing a forensic sample, including analysis that might not result in the establishment of a complete DNA profile. See Iowa Code 81.1
- DNA sample: means a biological sample provided by any person required to submit a DNA sample or a DNA sample submitted for any other purpose under section 81. See Iowa Code 81.1
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
2. A supervising agency having control, custody, or jurisdiction over a person shall collect a DNA sample from a person required to submit a DNA sample. The supervising agency shall collect a DNA sample, upon admittance to the pertinent institution or facility, of the person required to submit a DNA sample or at a determined date and time set by the supervising agency. If a person required to submit a DNA sample is confined at the time a DNA sample is required, the person shall submit a DNA sample as soon as practicable. If a person required to submit a DNA sample is not confined after the person is required to submit a DNA sample, the supervising agency shall determine the date and time to collect the DNA sample.
3. A person required to submit a DNA sample who refuses to submit a DNA sample may be subject to contempt proceedings pursuant to chapter 665 until the DNA sample is submitted.
4. The division of criminal investigation shall conduct DNA profiling on a DNA sample or may contract with a private entity to conduct the DNA profiling.