81.10 - DNA PROFILING AFTER CONVICTION.
81.10 DNA PROFILING AFTER CONVICTION.
1. A defendant who has been convicted of a felony and who has not
been required to submit a DNA sample for DNA profiling may make a
motion to the court for an order to require that DNA analysis be
performed on evidence collected in the case for which the person
stands convicted.
2. The motion 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 evidence 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 motion.
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 evidence that the defendant seeks to have
tested.
k. Why the requested analysis of DNA evidence is material to
the issue in the case and not merely cumulative or impeaching.
l. Why the DNA evidence would have changed the outcome of the
trial or invalidated a guilty plea if DNA profiling had been
conducted prior to the conviction.
3. A motion filed under this section shall be filed in the county
where the defendant was convicted, and notice of the motion 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 motion.
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 motion or answer.
5. If the evidence 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 motion to determine if
evidence should be subjected to DNA analysis.
7. The court shall grant the motion if all of the following
apply:
a. The evidence subject to DNA testing is available and in a
condition that will permit analysis.
b. A sufficient chain of custody has been established for the
evidence.
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 evidence subject to DNA analysis 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. DNA analysis of the evidence would raise a reasonable
probability that the defendant would not have been convicted if DNA
profiling had been available at the time of the conviction and had
been conducted prior to the conviction.
8. Upon the court granting a motion filed pursuant to this
section, DNA analysis of evidence shall be conducted within the
guidelines generally accepted by the scientific community. The
defendant shall provide DNA samples for testing if requested by the
state.
9. Results of DNA analysis conducted pursuant to this section
shall be reported to the parties and to the court and may be provided
to the board of parole, department of corrections, and criminal and
juvenile justice agencies, as defined in section 692.1, for use in
the course of investigations and prosecutions, and for consideration
in connection with requests for parole, pardon, reprieve, and
commutation. 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.
10. A criminal or juvenile justice agency, as defined in section
692.1, shall maintain DNA samples and evidence 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 evidence is no longer
available for testing.
11. If the court determines a defendant who files a motion under
this section is indigent, the defendant shall be entitled to
appointment of counsel as provided in chapter 815.
12. If the court determines after DNA analysis ordered pursuant
to this section 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. Section History: Recent Form
2005 Acts, ch 158, §10, 19