Senate Bill 2812

AN ACT TO REQUIRE PRESERVATION OF DNA SAMPLES; TO PROVIDE PENALTIES FOR FAILURE TO COMPLY; TO PROVIDE FOR DNA COLLECTION FROM PERSONS ARRESTED FOR CERTAIN CRIMES; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) Notwithstanding any other provision of law, a law enforcement agency or any other state or local agency shall preserve biological evidence that was secured in the investigation or prosecution of an offense if a defendant is under a sentence of imprisonment for the offense.

(2) For purposes of this section, the term "biological evidence" means:

(a) A sexual assault forensic examination kit; or

(b) Semen, blood, saliva, hair, skin tissue or other identified biological material.

(3) Subsection (1) shall not apply if:

(a) A court has denied a request or motion for DNA testing of the biological evidence by the defendant and no appeal is pending;

(b) The defendant knowingly and voluntarily waived the right to request DNA testing of the biological evidence in a court proceeding conducted after the effective date of this act;

(c) After a conviction becomes final and the defendant has exhausted all opportunities for direct review of the conviction, the defendant is notified that the biological evidence may be destroyed and the defendant does not file a motion opposing the destruction within one hundred eighty (180) days of receipt of the notice;

(d) (i) The evidence must be returned to its rightful owner, or is of such a size, bulk or physical character as to render retention impracticable; and

(ii) The agency takes reasonable measures to remove and preserve portions of the material evidence sufficient to permit future DNA testing; or

(e) The biological evidence has already been subjected to DNA testing and the results included the defendant as the source of such evidence.

(4) Nothing in this section shall preempt or supersede any statute, regulation, court order or other provision of law that may require evidence, including biological evidence, to be preserved.

(5) Whoever knowingly and intentionally destroys, alters or tampers with biological evidence that is required to be preserved under this section with the intent to prevent that evidence from being subjected to DNA testing or prevent the production or use of that evidence in an official proceeding, shall be fined under this title, imprisoned for not more than five (5) years, or both.

(6) Nothing in this section shall provide a basis for relief in any state or federal habeas corpus proceeding.

SECTION 2. (1) Every person eighteen (18) years of age or older who is arrested for the commission or attempted commission of a felony shall provide a biological sample for DNA testing to jail or detention center personnel upon booking. The analysis shall be performed by the Mississippi Crime Lab or other entity designated by the Department of Public Safety, and the results shall be maintained by the Crime Lab according to standard protocols adopted for maintenance of DNA records in conformity to federal guidelines for the maintenance of such records.

(2) The clerk of the court shall notify the Crime Lab of the final disposition of criminal proceedings. If the charge for which the sample was taken is dismissed or the defendant is acquitted at trial, the Crime Lab shall destroy the sample and all records thereof, provided there is no other pending qualifying warrant or capias for an arrest or felony conviction that would require that the sample remain in the data bank.

(3) (a) Any person who, without authority, disseminates information contained in the DNA data bank shall be guilty of a misdemeanor.

(b) Any person who disseminates, receives, or otherwise uses or attempts to use information in the DNA data bank, knowing that such dissemination, receipt or use is for a purpose other than as authorized by law, shall be guilty of a misdemeanor.

(c) Except as authorized by law, any person who obtains or attempts to obtain any sample for purposes of having DNA analysis performed shall be guilty of a felony.

(4) (a) Any person convicted under subsection (3)(a) shall be sentenced to a fine not to exceed Five Hundred Dollars ($500.00), or confinement in the county jail not to exceed thirty (30) days, or both.

(b) Any person convicted under subsection (3)(b) shall be sentenced to a fine not to exceed One Thousand Dollars ($1,000.00), or confinement in the county jail not to exceed six (6) months, or both.

(c) Any person convicted under subsection (3)(c) shall be sentenced to a fine not to exceed One Thousand Dollars ($1,000.00), or commitment to the custody of the Department of Corrections not to exceed two (2) years, or both.

SECTION 3. This act shall take effect and be in force from and after July 1, 2007.