MISSISSIPPI LEGISLATURE

2014 Regular Session

To: Judiciary, Division B

By: Senator(s) Wiggins, Longwitz

Senate Bill 2430

(As Passed the Senate)

AN ACT TO CREATE KATIE'S LAW; 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)  (a)  Every person eighteen (18) years of age or older who is arrested for the commission or attempted commission of one or more of the felonies listed in paragraph (b) of this subsection 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 sample and the analysis results shall be maintained by the Crime Lab according to standard protocols adopted for maintenance of DNA samples and records in conformity to federal guidelines for the maintenance of DNA samples and records in a database to be known as the DNA Exclusionary Database.

          (b)  This section applies to persons arrested for the following felonies:

              (i)  Murder under Section 97-3-19;

              (ii)  Manslaughter under Section 97-3-35;

              (iii)  Kidnapping under Section 97-3-53;

              (iv)  Rape under Section 97-3-65;

              (v)  Sexual battery under Section 97-3-95;

              (vi)  Sexual abuse of a vulnerable person under Section 43-47-18;

              (vii)  Human trafficking under Section 97-3-54 et seq.;

              (viii)  Aggravated assault under Section 97-3-7;

              (ix)  Burglary of a dwelling under Section 97-17-23, 97-17-25 or 97-17-29;

              (x)  Attempt, solicitation or conspiracy to commit, or accessory to commission of, any offense listed in this paragraph (b).

     (2)  A DNA sample shall be collected by an individual who is trained in the collection procedures that the Crime Laboratory uses.

     (3)  The clerk of the court shall notify the Crime Lab of the final disposition of criminal proceedings.  The Crime Lab shall destroy the sample and expunge from the database all records thereof if there is no other pending qualifying warrant or capias for an arrest or felony conviction that would require that the sample remain in the DNA Exclusionary Database and:

          (a)  The charge for which the sample was taken is dismissed;

          (b)  The defendant is acquitted at trial or convicted of a lesser-included misdemeanor offense that is not an offense listed in this section;

          (c)  No charge was filed within the statute of limitations, if any; or

          (d)  No conviction has occurred, at least three (3) years has passed since the date of arrest, and there is no active prosecution.

     (4)  (a)  Any person who, without authority, disseminates information contained in the DNA Exclusionary Database shall be guilty of a misdemeanor.

          (b)  Any person who disseminates, receives, or otherwise uses or attempts to use information in the DNA Exclusionary Database, 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.

     (5)  (a)  Any person convicted under subsection (3)(a) of this section 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) of this section 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) of this section 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.

     (6)  A defendant may file a motion with the court to seek destruction of the sample and expunction of the record under this section.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2014.