House Bill 951

AN ACT TO AMEND SECTION 45-33-37, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY CONVICTED OFFENDER MAY REQUEST THE USE OF DNA IDENTIFICATION ANALYSIS TO PROVE HIS INNOCENCE; 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) 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.

(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) From and after July 1, 2004, any convicted offender may request the use of DNA identification analysis to prove his innocence.

SECTION 2. This act shall take effect and be in force from and after July 1, 2004.