1. A defendant who has been convicted of a felony or 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 person stands convicted.

Attorney's Note

Under the Iowa Code, punishments for crimes depend on the classification. In the case of this section:
Aggravated misdemeanorup to 2 yearsbetween $855 and $8,540
For details, see Iowa Code§ 903.1

Terms Used In Iowa Code 81.10

  • Aggravated misdemeanor: means an offense classified as an aggravated misdemeanor committed by a person eighteen years of age or older on or after July 1, 2014, other than any of the following offenses:
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • Forensic sample: means an evidentiary item that potentially contains DNA relevant to a crime. See Iowa Code 81.1
  • 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
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
 2. The application shall state the following:

 a. The specific crimes for which the defendant stands convicted in this case.
 b. The facts of the underlying case, as proven at trial or admitted to during a guilty plea proceeding.
 c. Whether any of the charges include sexual abuse or involve sexual assault, and if so, whether a sexual assault examination was conducted and forensic samples were preserved, if known.
 d. Whether identity was at issue or contested by the defendant.
 e. Whether the defendant offered an alibi, and if so, testimony corroborating the alibi and, from whom.
 f. Whether eyewitness testimony was offered, and if so from whom.
 g. Whether any issues of police or prosecutor misconduct have been raised in the past or are being raised by the application.
 h. The type of inculpatory evidence admitted into evidence at trial or admitted to during a guilty plea proceeding.
 i. Whether blood testing or other biological evidence testing was conducted previously in connection with the case and, if so, by whom and the result, if known.
 j. What biological evidence exists and, if known, the agency or laboratory storing the forensic sample that the defendant seeks to have tested.
 k. Why the requested DNA profiling of the forensic sample is material to the issue in the case and not merely cumulative or impeaching.
 l. 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.
 3. a. A proceeding for relief filed under this section shall be filed in the county where the defendant was convicted. The proceeding is commenced by filing an application for relief with the district court in which the conviction took place, without paying a filing fee. The notice of the application shall be served by certified mail upon the county attorney and, if known, upon the state, local agency, or laboratory holding evidence described in subsection 2, paragraph “k”. The county attorney shall have sixty days to file an answer to the application.

 b. The application shall be heard in and before any judge or the court in which the defendant’s conviction or sentence took place. A record of the proceedings shall be made.
 4. Any DNA profiling of the defendant or other biological evidence testing conducted by the state or by the defendant shall be disclosed and the results of such profiling or testing described in the application or answer.
 5. If the forensic sample requested to be tested was previously subjected to DNA or other biological analysis by either party, the court may order the disclosure of the results of such testing, including laboratory reports, notes, and underlying data, to the court and the parties.
 6. The court may order a hearing on the application to determine if the forensic sample should be subjected to DNA profiling.