Iowa Code 81.12 – When DNA database comparisons may be ordered
Current as of: 2023 | Check for updates | Other versions
1. If DNA profiling ordered under section 81.11 produces an unidentified DNA profile, after notice to the parties, including the department of public safety, the court may order the department of public safety to do any of the following:
a. Compare the DNA profile to the national DNA index system. The profile shall only be compared to the national DNA index system if the combined DNA index system administrator determines all of the following:
(1) The forensic sample is collected contemporaneously from the crime scene, has a nexus to the crime scene, is probative, and is suitable for analysis.
(2) The DNA profile was generated through a technology that complies with all requirements in the national DNA index system operational procedures manual.
(3) 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.
b. Compare the DNA profile to the state DNA index system if the profile meets all applicable state requirements.
Terms Used In Iowa Code 81.12
- DNA: means deoxyribonucleic acid. See Iowa Code 81.1
- DNA profile: means the objective form of the results of DNA analysis performed on a forensic sample or an individual's DNA sample. See Iowa Code 81.1
- 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
- Keyboard search: means a keyboard search as defined in the national DNA index system operational procedures manual. See Iowa Code 81.1
- 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
2. If any provision of a court order under this section 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 remaining provisions of the order shall remain in effect.