Iowa Code 81.13 – Additional DNA profiling provisions
Current as of: 2023 | Check for updates | Other versions
1. The results of DNA profiling conducted pursuant to this section shall be provided to the court, the defendant, the state, and the federal bureau of investigation. DNA samples obtained pursuant to this section may be included in the DNA data bank, and DNA profiles and DNA records developed pursuant to this section may be included in the DNA database.
Terms Used In Iowa Code 81.13
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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 data bank: means the repository for DNA samples obtained pursuant to section 81. See Iowa Code 81.1
- DNA database: means the collection of DNA profiles and DNA records. 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
- 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.
- Forensic sample: means an evidentiary item that potentially contains DNA relevant to a crime. 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. A criminal or juvenile justice agency, as defined in section 692.1, shall maintain DNA samples and forensic samples that could be tested for DNA for a period of three years beyond the limitations for the commencement of criminal actions as set forth in chapter 802. This section does not create a cause of action for damages or a presumption of spoliation in the event a forensic sample is no longer available for testing.
3. If the court determines a defendant who files an application under this section is indigent, the defendant shall be entitled to appointment of counsel as provided in chapter 815.
4. If the court determines after DNA profiling ordered pursuant to the application filed under section 81.10 that the results indicate conclusively that the DNA profile of the defendant matches the profile from the analyzed evidence used against the defendant, the court may order the defendant to pay the costs of these proceedings, including costs of all testing, court costs, and costs of court-appointed counsel, if any.