House Bill 1286

AN ACT TO AMEND SECTION 45-47-1, MISSISSIPPI CODE OF 1972, TO REVISE THE PROCEDURE REQUIRED FOR EXPUNGING DNA SAMPLES AND DNA PROFILES ENTERED INTO THE DNA DATA BANK; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 45-47-1, Mississippi Code of 1972, is amended as follows:

45-47-1. (1) Every person who is arrested for the commission or attempted commission of a crime of violence as defined in Section 97-3-2 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) (a) A DNA sample shall be collected by an individual who is trained in the collection procedures that the Crime Laboratory uses.

(b) 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 delete 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 data bank and:

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

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

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

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

(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 the 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.

(5) * * * (a) A person whose DNA record or profile has been included in the State DNA database in accordance with this section may request expungement of the DNA record or DNA profile on the grounds that: (a) the conviction or delinquency adjudication on which the authority for including the person's DNA record or DNA profile was entered has been reversed and the case dismissed; or (b) the arrest on which the authority for including the person's DNA record or DNA profile was entered has resulted in the charge being dismissed or has resulted in acquittal or no charge was filed within the applicable time period.

(b) Upon receipt of (i) written request for expungement; (ii) a certified copy of the final court order revering and dismissing the conviction or delinquency adjudication; and (iii) any other information necessary to ascertain the validity of the request, the Mississippi Crime Laboratory shall expunge all DNA records and identifiable information in the database pertaining to the person and destroy the DNA sample from the person, unless the Mississippi Crime Laboratory determines that the person has otherwise become obligated to submit a DNA sample.

(c) The Mississippi Crime Laboratory is not required to destroy an item of physical evidence obtained from a sample if evidence relating to another person thereby be destroyed.

(d) Any identification, warrant, probable cause to arrest based upon a database match is not invaluable due to a failure to expunge or delay in expunging records.

(6) This section shall not take effect unless the Legislature has provided sufficient funds for implementing the provisions of this section, including training, as certified by the Joint Legislative Budget Committee.

SECTION 2. This act shall take effect and be in force from and after July 1, 2016.