2007 Regular Session
To: Judiciary B
By: Representative Barnett, Bondurant, Ellington, Formby, Gregory, Hamilton (6th), Ishee, Lott, Martinson, Moore, Palazzo, Rogers (61st), Rotenberry, Smith (59th), Staples, Stevens, Upshaw, Wells-Smith, Woods
AN ACT TO REQUIRE DNA TESTING OF CERTAIN FELONY ARRESTEES; TO AMEND SECTION 47-5-183, MISSISSIPPI CODE OF 1972, IN CONFORMITY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) A person eighteen (18) years of age or over who is arrested for the commission of a felony under the laws of this state or any other jurisdiction shall provide a DNA sample to jail or detention facility personnel upon booking. A sample is not required if it is determined that a sample has previously been taken, has not been expunged and is sufficient for DNA identification testing.
(2) Jail or detention facility personnel who collect samples pursuant to this section shall forward the samples to the Department of Public Safety.
(3) Samples shall be collected in accordance with rules and procedures adopted by the Department of Public Safety, shall be confidential and shall be used only as authorized by this act.
(4) As used in this section:
(a) "DNA" means deoxyribonucleic acid;
(b) "Felony" means:
(i) A sex offense as defined in Section 45-33-23(g) that is a felony; or
(ii) Any other felony offense that involves death, great bodily harm, aggravated assault, kidnapping, burglary, larceny, robbery, aggravated stalking or use of a firearm or an explosive; and
(c) "Sample" means a sample of biological material that is sufficient for DNA testing.
SECTION 2. Section 47-5-183, Mississippi Code of 1972, is amended as follows:
47-5-183. The Mississippi Department of Corrections shall secure a biological sample for purposes of DNA identification analysis from every individual convicted of a felony or in its custody before release from or transfer to a state correctional facility or county jail or other detention facility. The samples shall be forwarded to the Department of Public Safety.
SECTION 3. This act shall take effect and be in force from and after July 1, 2007.