Iowa Code 81.8 – Confidential records
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1. A DNA record shall be considered a confidential record and disclosure of a DNA record is only authorized pursuant to this section.
Terms Used In Iowa Code 81.8
- 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 database: means the collection of DNA profiles and DNA records. See Iowa Code 81.1
- DNA record: means the DNA sample and DNA profile, and other records in the DNA database and DNA data bank used to identify a person. 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
- 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.
- 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
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
2. Confidential DNA records under this section may be released to the following agencies for law enforcement identification purposes:
a. Any criminal or juvenile justice agency as defined in section 692.1.
b. Any criminal or juvenile justice agency in another jurisdiction that meets the definition of a criminal or juvenile justice agency as defined in section 692.1.
3. The division of criminal investigation shall share the DNA record information with the appropriate federal agencies for use in a national DNA database.
4. A DNA record or other forensic information developed pursuant to this chapter may be released for use in a criminal or juvenile delinquency proceeding in which the state is a party and where the DNA record or forensic information is relevant and material to the subject of the proceeding. Such a record or information may become part of a public transcript or other public recording of such a proceeding.
5. A DNA record or other forensic information may be released pursuant to a court order for criminal defense purposes to a defendant, who shall have access to DNA samples and DNA profiles related to the case in which the defendant is charged.