Iowa Code 81.11 – Application for DNA profiling
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1. The court shall grant an application for DNA profiling if all of the following apply:
a. The forensic sample subject to DNA profiling is available and either DNA profiling has not been performed on the forensic sample or 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.
b. A sufficient chain of custody has been established for the forensic sample.
c. 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.
d. The forensic sample subject to DNA profiling is material to, and not merely cumulative or impeaching of, evidence included in the trial record or admitted to at a guilty plea proceeding.
e. 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.
Terms Used In Iowa Code 81.11
- 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
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
2. Upon the court granting an application filed pursuant to this section, 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. The defendant shall provide DNA samples for testing if requested by the state.