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House
File
2624
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Reprinted
HOUSE
FILE
2624
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
571)
(As
Amended
and
Passed
by
the
House
March
10,
2026
)
A
BILL
FOR
An
Act
relating
to
criminal
investigation,
including
the
1
extension
of
DNA
submission
requirements
to
persons
arrested
2
for
a
felony
or
aggravated
misdemeanor.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
81.1,
subsection
12,
Code
2026,
is
1
amended
to
read
as
follows:
2
12.
“Person
required
to
submit
a
DNA
sample”
means
a
person
3
arrested,
convicted,
adjudicated
delinquent,
receiving
a
4
deferred
judgment,
or
found
not
guilty
by
reason
of
insanity
5
of
an
offense
requiring
DNA
profiling
pursuant
to
section
6
81.2
.
“Person
required
to
submit
a
DNA
sample”
also
means
a
7
person
determined
to
be
a
sexually
violent
predator
pursuant
8
to
section
229A.7
.
9
Sec.
2.
Section
81.2,
subsections
1
and
5,
Code
2026,
are
10
amended
to
read
as
follows:
11
1.
A
person
who
is
arrested
for
a
felony
or
violent
12
aggravated
misdemeanor
or
who
receives
a
deferred
judgment
for
13
a
felony
or
against
whom
a
judgment
or
conviction
for
a
felony
14
or
aggravated
misdemeanor
has
been
entered
shall
be
required
to
15
submit
a
DNA
sample
for
DNA
profiling
pursuant
to
section
81.4
.
16
For
purposes
of
this
section,
only
a
person
arrested
for
a
17
felony
or
a
violent
aggravated
misdemeanor
shall
be
required
to
18
submit
a
DNA
sample
upon
arrest.
19
5.
An
offender
placed
on
probation
shall
immediately
report
20
to
the
judicial
district
department
of
correctional
services
21
after
sentencing
so
it
can
be
determined
if
the
offender
22
has
been
arrested
or
convicted
of
an
offense
requiring
DNA
23
profiling.
If
it
is
determined
by
the
judicial
district
that
24
DNA
profiling
is
required,
the
offender
shall
immediately
25
submit
a
DNA
sample.
26
Sec.
3.
Section
81.2,
Code
2026,
is
amended
by
adding
the
27
following
new
subsection:
28
NEW
SUBSECTION
.
7.
A
sample
is
not
required
pursuant
to
29
this
section
if
it
is
determined
that
a
sample
has
previously
30
been
taken,
is
in
the
possession
of
the
DNA
database
or
DNA
31
data
bank
established
pursuant
to
section
81.3,
and
has
not
32
been
expunged
pursuant
to
section
81.9.
33
Sec.
4.
Section
81.9,
Code
2026,
is
amended
to
read
as
34
follows:
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81.9
Expungement
of
DNA
records.
1
1.
A
person
whose
DNA
record
has
been
included
in
the
DNA
2
database
or
DNA
data
bank
established
pursuant
to
section
3
81.3
may
request,
in
writing
to
the
division
of
criminal
4
investigation,
expungement
of
the
DNA
record
from
the
DNA
5
database
and
DNA
data
bank
based
upon
the
shall
have
the
6
person’s
DNA
record
automatically
expunged
within
thirty
days
7
of
the
occurrence
of
either
of
the
following:
8
a.
The
person’s
conviction,
adjudication,
or
civil
9
commitment
which
that
caused
the
submission
of
the
DNA
sample
10
being
reversed
on
appeal
and
the
case
dismissed.
The
written
11
request
shall
contain
a
certified
copy
of
the
final
court
order
12
reversing
the
conviction,
adjudication,
or
civil
commitment,
13
and
a
certified
copy
of
the
dismissal,
and
any
other
14
information
necessary
to
ascertain
the
validity
of
the
request.
15
b.
The
person’s
arrest
that
led
to
the
inclusion
of
the
DNA
16
sample
in
the
DNA
database
or
DNA
data
bank
has
resulted
in
an
17
aggravated
misdemeanor
or
felony
charge
that
has
been
resolved
18
by
dismissal
or
acquittal,
or
the
failure
to
file
an
aggravated
19
misdemeanor
or
felony
charge
within
one
year
of
arrest.
20
2.
The
division
of
criminal
investigation,
upon
receipt
of
a
21
written
request
that
validates
reversal
on
appeal
of
a
person’s
22
conviction,
adjudication,
or
commitment,
and
subsequent
23
dismissal
of
the
case,
or
upon
receipt
of
a
written
request
24
by
a
person
who
voluntarily
submitted
a
DNA
sample
pursuant
25
to
section
81.3,
subsection
3
,
paragraph
“b”
being
notified
26
that
a
person’s
DNA
record
is
eligible
for
expungement
under
27
subsection
1,
paragraph
“a”
or
“b”
,
shall
expunge
all
of
the
28
DNA
records
and
identifiable
information
of
the
person
in
the
29
DNA
database
and
DNA
data
bank.
However,
if
the
division
of
30
criminal
investigation
determines
that
the
person
is
otherwise
31
obligated
to
submit
a
DNA
sample,
the
DNA
records
shall
not
be
32
expunged.
If
the
division
of
criminal
investigation
denies
33
an
expungement
request,
the
division
shall
notify
the
person
34
requesting
the
expungement
of
the
decision
not
to
expunge
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H.F.
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the
DNA
record
and
the
reason
supporting
its
decision.
The
1
division
of
criminal
investigation
decision
is
subject
to
2
judicial
review
pursuant
to
chapter
17A
.
The
department
of
3
public
safety
shall
adopt
rules
governing
the
expungement
4
procedure
and
a
review
process.
5
3.
The
division
of
criminal
investigation
is
not
required
6
to
expunge
or
destroy
a
DNA
record
pursuant
to
this
section
,
7
if
expungement
or
destruction
of
the
DNA
record
would
destroy
8
evidence
related
to
another
person
,
or
investigation
.
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