844D-114 Use of DNA sample or profile for financial gain.
§844D-114 Use of DNA sample or profile for financial gain. (a) A person commits the offense of use of DNA sample or profile for financial gain if the person, for the purpose of financial gain, intentionally or knowingly, in violation of this chapter: (1) Uses an offender sample or DNA profile for other than criminal […]
844D-121 Petition for post-conviction DNA testing.
§844D-121 Petition for post-conviction DNA testing. Notwithstanding any other law or rule of court governing post-conviction relief to the contrary, a person who was convicted of and sentenced for a crime, or acquitted of a crime on the ground of physical or mental disease, disorder, or defect excluding responsibility, may file a motion, at any […]
844D-122 Proceedings.
§844D-122 Proceedings. The court shall order the prosecuting attorney to answer a motion filed pursuant to section 844D-121 not later than thirty days after filing of the motion. The court may thereafter deny the motion without hearing if the motion is patently frivolous because it is without a trace of support either in the record […]
844D-123 Order for post-conviction DNA testing.
§844D-123 Order for post-conviction DNA testing. (a) The court shall order testing after a hearing if it finds that: (1) A reasonable probability exists that the defendant would not have been prosecuted or convicted if exculpatory results had been obtained through DNA analysis, even if the defendant later pled guilty or no contest; (2) Identity […]
844D-124 Counsel.
§844D-124 Counsel. (a) The court may, at any time during proceedings under this part, appoint counsel for a defendant determined to be indigent pursuant to section 802-4. (b) If the defendant has filed pro se, upon a showing that DNA testing may be material to the defendant’s claim of wrongful conviction, the court shall appoint […]
844D-83 Knowing use or disclosure by department employee of forensic identification information for other than criminal identification or exclusion purposes.
§844D-83 Knowing use or disclosure by department employee of forensic identification information for other than criminal identification or exclusion purposes. (a) If any employee of the department knowingly uses an offender specimen, sample, or DNA profile collected pursuant to this chapter for other than criminal identification or exclusion purposes, or knowingly discloses DNA or other […]
844D-125 Discovery.
§844D-125 Discovery. (a) At any time after a petition has been filed under this part: (1) The court may order the State to locate and provide the defendant with any documents, notes, logs, or reports relating to items of physical evidence collected in connection with the case, or otherwise assist the defendant in locating items […]
844D-84 When disclosure is not a violation.
§844D-84 When disclosure is not a violation. (a) It is not a violation of this chapter for a law enforcement agency, in its discretion, to publicly disclose the fact of a DNA profile match, or the name of the person identified by the DNA match when this match is the basis of law enforcement’s investigation, […]
844D-126 Retention of biological evidence.
§844D-126 Retention of biological evidence. (a) All evidence in the custody or control of a police department, prosecuting attorney, laboratory, or court that is related to the investigation or prosecution of a case in which there has been a judgment of conviction and that may contain biological evidence that could be used for DNA analysis […]
844D-85 Confidentiality of computer software and database structures.
§844D-85 Confidentiality of computer software and database structures. To maintain the computer system security of the state DNA database and data bank identification program, the computer software and database structures used by the DNA laboratory of the department to implement this chapter are confidential. [L 2005, c 112, pt of §1]