MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Judiciary

By: Senator(s) Hewes

AN ACT TO AUTHORIZE THE DIRECTOR OF THE CRIME LABORATORY TO DESTROY SURPLUS PHYSICAL EVIDENCE AFTER DOCUMENTATION; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The Director of the Crime Laboratory is authorized, as an inherent part of the authority to supervise and approve procedures and processing of physical evidence, to destroy or cause to be destroyed physical evidence at any time before a final determination or disposition of any criminal action if, in the judgment of the director, (a) some amount of physical evidence less than all of the physical evidence is sufficient for the ends of criminal justice and fairness to the accused to be fully served, and (b) the portion of physical evidence to be destroyed is surplus. Full and complete documentation of the physical evidence to be destroyed shall be made, and the director shall retain a sufficient sample of the physical evidence to be destroyed to satisfy all known uses for physical evidence, including testing and offering into evidence in a court of law.

SECTION 2. This act shall take effect and be in force from and after July 1, 1997.