Senate Bill 2560

AN ACT TO AMEND SECTION 45-33-37, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT DNA TESTING SHALL BE PERFORMED ON ALL CONVICTED FELONS; TO PROVIDE THAT SUCH INFORMATION SHALL BE MAINTAINED SEPARATE FROM SEX OFFENDER INFORMATION; TO PROVIDE FOR THE TAKING OF DNA SAMPLES; TO PROVIDE FOR THE USE OF SUCH INFORMATION IN CRIMINAL CASES; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 45-33-37, Mississippi Code of 1972, is amended as follows:

45-33-37. (1) The Mississippi Crime Laboratory shall develop a plan for and establish a deoxyribonucleic acid (DNA) identification system. In implementing the plan, the Mississippi Crime Laboratory shall purchase the appropriate equipment. The DNA identification system as established herein shall be compatible with that utilized by the Federal Bureau of Investigation.

(2) (a) From and after January 1, 1996, every individual convicted of a sex offense or in the custody of the Mississippi Department of Corrections for a sex offense as defined in Section 45-33-23 shall submit a biological sample for purposes of DNA identification analysis before release from or transfer to a state correctional facility or county jail or other detention facility.

(b) From and after July 1, 2007, any person convicted of a felony shall submit a biological sample for DNA analysis to determine identification characteristics specific to the person at the time of entering the prison system.

(c) Any person incarcerated in a state correctional facility for a felony conviction before July 1, 2007, shall submit a biological sample before release.

(3) From and after January 1, 1996, any person having a duty to register under Section 45-33-25 for whom a DNA analysis is not already on file shall submit a biological sample for purposes of DNA identification analysis within five (5) working days after registration.

(4) The Mississippi Crime Laboratory shall be responsible for the policy management and administration of the state DNA identification record system to support law enforcement and other criminal justice agencies and shall:

(a) Promulgate rules and regulations to implement the provisions of this section; and

(b) Provide for cooperation with the Federal Bureau of Investigation and other criminal justice agencies relating to the state's participation in the Combined DNA Index System (CODIS) program and the national DNA identification index or in any DNA database designated by the crime laboratory.

(5) A DNA sample obtained in good faith shall be deemed to have been obtained in accordance with the requirements of this section. Any entry into the database which is found to be erroneous shall not prohibit law enforcement officials from the legitimate use of information in the furtherance of a criminal investigation.

(6) For the purposes of this section, the term "state correctional facility" means a penal institution under the jurisdiction of the Department of Corrections, including inmate work camps and inmate boot camps, as well as a private correctional facility in this state under contract with the Department of Corrections; provided, however, that such term shall not include a probation detention center, probation diversion center or probation boot camp under the jurisdiction of the Department of Corrections.

SECTION 2. (1) A biological sample required pursuant to Section 45-33-37 from persons who are to be released from a state correctional facility or private correctional facility shall be obtained at a place designated by the Department of Corrections not more than twelve (12) months before the person's release.

(2) Samples from persons who are not sentenced to a term of confinement shall be obtained as a condition of probation.

(3) Samples collected by oral swab or by a noninvasive procedure may be collected by any individual who has been trained in the procedure.

SECTION 3. Upon a showing by the defendant in a criminal case that access to the DNA data bank is material to the investigation, preparation or presentation of a defense at trial or in a motion for a new trial, a court having proper jurisdiction over the criminal case shall direct the Mississippi Crime Laboratory to compare a DNA profile that has been generated by the defendant through an independent test against the data bank, provided that such DNA profile has been generated in accordance with standards for forensic DNA analysis adopted pursuant to 42 USCS Section 14131, as amended.

SECTION 4. This act shall take effect and be in force from and after July 1, 2007.