Iowa AG Brenna Bird proposes DNA collection from those arrested but not yet convicted of serious crimes

DES MOINES — Iowa law enforcement would be required to collect DNA from individuals arrested on felony or aggravated misdemeanor charges under legislation proposed by Iowa Attorney General Brenna Bird, who says it aims to help provide more evidence and tools for law enforcement to solve cold cases in the state.

During a press conference Tuesday at the Iowa Capitol, Bird announced that she is asking lawmakers to pass legislation dubbed “Katie’s Law,” named after Katie Sepich, a 22-year-old graduate student from New Mexico who was killed in 2003. Her case remained unsolved for three years despite the collection of DNA evidence.

Bird, who also plans to roll out proposals establishing enhanced protections for crime victims and judges during the 2026 Iowa legislative session, said more Iowa cold cases would be solved under the proposed law.

“No family should have to wait years for answers about what happens to their loved one, and no criminal should ever get away for murder, rape or any other violent crime,” Bird told reporters. “We need to give law enforcement the tools they need to investigate and to bring violence to justice.”

Former New Mexico Gov. Susana Martinez, who signed the original bill into law in her state in 2011, joined Bird on Tuesday and stressed the importance of access to DNA.

“DNA … it's a 21st century fingerprint,” Martinez said. “Technology changes, and so it does in the criminal justice system … when we take your fingerprints, we should be taking the DNA as well.”

Sepich’s case went unsolved despite the presence of DNA evidence under her fingernails. Three months after her death, Gabriel Avila was arrested and charged in a different crime.

His DNA eventually was matched to the murder when he was arrested again. But supporters of “Katie’s Law” argue that yearslong gaps like in Sepich’s case could be closed if DNA is collected before someone is convicted of a crime.

The law faced legal challenges over privacy concerns before being upheld by the U.S. Supreme Court in 2013. It now is a law in more than 30 states.

Currently in Iowa, DNA is collected only after someone is convicted of a crime. Under “Katie’s Law,” DNA collected would be uploaded into a national database.

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Linn County Attorney Nick Maybanks said the proposed law would help solve cold cases more quickly and ensure the investigations are adequately funded.

“We should have a system where homicide investigations do not languish and fade away for all … the families and loved ones (of) the victim because of overburdened law enforcement prosecutor offices who must continue to deal with new crimes and new investigations,” Maybanks told reporters.

Enhanced protections for crime victims, judges

Bird also introduced a slate of proposals aimed at protecting victims and judges, including a legislative package that would allow crime victim counselors to share information with law enforcement if there's an imminent risk of serious harm to a victim or to someone else; allow victims of sex crimes to get a lifetime no-contact order; and shorten the number of days sex offenders are required to notify sheriffs of changes in residence, work and vehicle from five days to three days.

Mary Ingham, executive director of Crisis Intervention Services in north-central Iowa, said one sexual assault victim she assisted lived “in constant fear” and had to relive her trauma every five years when she went to court to renew her no-contact order.

“For too long, our criminal justice system has focused almost exclusively on protecting defendants' rights and following rigid procedural rules,” Ingham told reporters during the press conference.

Bird also is proposing a bill that would aim to protect judicial officers and their family members from threats by making threats against them and their family members a Class C felony, which is punishable by up to 10 years in prison. It also would allow judicial officers and attorney general staff to get a professional permit to carry and creates a serious misdemeanor charge for doxing judicial officers or their immediate family.

The proposal came after judicial officers and courts in Iowa faced numerous threats, including a break-in at the Lyon County Courthouse, where it was vandalized. Last February, a Black Hawk County judge was harassed and stalked.