Bill Text: MS SB2159 | 2015 | Regular Session | Enrolled
Bill Title: Crime Lab; rename "Mississippi Forensics Laboratory" and extend Bureau of Narcotics' authority to advertise forfeitures online.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2015-04-20 - Approved by Governor [SB2159 Detail]
Download: Mississippi-2015-SB2159-Enrolled.html
MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Judiciary, Division A
By: Senator(s) Hopson
Senate Bill 2159
(As Sent to Governor)
AN ACT TO AMEND SECTIONS 19-21-105, 41-61-57, 41-61-63, 41-61-77, 45-1-2, 45-1-25, 45-1-29, 45-1-31, 45-33-23, 45-33-35, 45-33-37, 57-21-9, 63-11-5, 63-11-8, 63-11-13, 63-11-19, 63-11-32, 63-11-47, 99-19-73, 99-39-11 AND 99-49-1, MISSISSIPPI CODE OF 1972, TO IDENTIFY THE STATE'S PRIMARY CRIMINAL EXAMINATION, RESEARCH AND ANALYSIS LABORATORY DESIGNED FOR THE DETECTION AND INVESTIGATION OF CRIME AS THE MISSISSIPPI FORENSICS LABORATORY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 19-21-105, Mississippi Code of 1972, is amended as follows:
19-21-105. (1) Each
coroner elected in the 1987 general election and thereafter shall attend the
Mississippi * * * Forensics
Laboratory and State Medical Examiner Death Investigation Training School
provided for in subsection (5) of Section 41-61-57, and shall successfully
complete subsequent testing on the subject material prior to taking the oath of
office. If the elected coroner fails to successfully complete the school and
testing, he shall not be eligible to take the oath of office.
(2) Upon successful completion of the death investigation training school, the coroner shall take the oath of office, and he then shall be designated the chief county medical examiner or chief county medical examiner investigator, as provided in subsection (2) of Section 41-61-57, and shall perform the duties of such office as required by law.
SECTION 2. Section 41-61-57, Mississippi Code of 1972, is amended as follows:
41-61-57. (1) There are hereby created the positions of county medical examiners and county medical examiner investigators, to be established as herein provided through successful completion of the death investigation training school provided for in subsection (5) of this section. Each county medical examiner (CME) shall be a doctor of medicine (M.D.) or osteopathic medicine (D.O.) licensed in the State of Mississippi. Each county medical examiner investigator (CMEI) shall be a nonphysician who shall, as a minimum, possess a high school graduation diploma or its equivalent. Extra consideration for the CMEI position may be given for experience and/or training in health-related fields and medicolegal death investigations.
(2) Each coroner elected in the 1987 general election and thereafter, upon successful completion of the death investigation training school provided for in subsection (5) of this section, shall be recognized as a county medical examiner or county medical examiner investigator, according to the qualifications set out in subsection (1) of this section, and shall be designated the chief for the county in which he was elected. If the elected or appointed coroner fails to successfully complete the death investigation training school, and thus is unable to take the oath of office, as provided in Section 19-21-105, there shall promptly be appointed a coroner pro tempore in the manner prescribed by Section 9-1-27, and that person shall be designated the chief county medical examiner or county medical examiner investigator until the time of the next death investigation training school, which he must successfully complete or be removed from office. Any elected coroner who has failed to successfully complete the death investigation training school may attend any subsequent death investigation training school conducted during the term for which he was elected, and upon the successful completion thereof, he shall become the chief CME or CMEI for the county in which he was elected. The coroner pro tempore then shall become a deputy CME or CMEI, provided he has successfully completed the death investigation training school. Notwithstanding anything in this section to the contrary, each coroner holding office on July 1, 1986, shall be the chief CME or CMEI for the county in which he was elected through the expiration of his term in January 1988 without having to attend the death investigation training school; however, he may voluntarily attend any such school conducted prior to that time.
(3) There shall be at least one (1) county medical examiner and/or county medical examiner investigator for each county, and one (1) county medical examiner or county medical examiner investigator shall be designated as the chief for each county, except as otherwise provided in subsection (4) of this section. Any county may have deputy county medical examiners or deputy county medical examiner investigators as deemed necessary who shall be appointed jointly by the board of supervisors and the CME or CMEI. However, when the population of a county reaches a total of twenty thousand (20,000) or greater, there shall be one or more officially appointed deputies. Deputies shall be subject to the same qualifications, training and certification requirements, and shall possess the same authority and discharge the same duties, as other county medical examiners or county medical examiner investigators, and shall receive fees and expenses as provided in Sections 41-61-69 and 41-61-75. Any CME or CMEI may be removed by the State Medical Examiner prior to the expiration of his term as CME or CMEI for inefficiency, or other good cause, after written notice and a hearing in compliance with due process law.
(4) One (1) person may serve as the chief CME or CMEI for two (2) or more adjacent counties when that person consents and the boards of supervisors of each county involved and the State Medical Examiner consent in writing. Each respective county involved shall be responsible for payment for the services given to that county by the chief CME or CMEI.
(5) Chief and deputy CME's
and CMEI's shall attend the death investigation training school provided by the
Mississippi * * *
Forensics Laboratory and the State Medical Examiner, and shall
successfully complete subsequent testing on the subject material by the State
Medical Examiner at least once every four (4) years. Room, board and
transportation expenses for attending the school shall be borne by the county
in which the CME or CMEI is serving. In addition to the above training, the
individual shall receive at least twenty-four (24) hours annually of continuing
education as prescribed and certified by the State Medical Examiner. If the
above requirements for training or continuing education are not met, the
individual immediately shall be disqualified and removed from office as CME
and/or CMEI. Reapplication for the office may be made the following year after
removal.
SECTION 3. Section 41-61-63, Mississippi Code of 1972, is amended as follows:
41-61-63. (1) The State Medical Examiner shall:
(a) Provide assistance, consultation and training to county medical examiners, county medical examiner investigators and law enforcement officials.
(b) Keep complete records of all relevant information concerning deaths or crimes requiring investigation by the medical examiners.
(c) Promulgate rules and regulations regarding the manner and techniques to be employed while conducting autopsies; the nature, character and extent of investigations to be made into deaths affecting the public interest to allow a medical examiner to render a full and complete analysis and report; the format and matters to be contained in all reports rendered by the medical examiners; and all other things necessary to carry out the purposes of Sections 41-61-51 through 41-61-79. The State Medical Examiner shall make such amendments to these rules and regulations as may be necessary. All medical examiners, coroners and law enforcement officers shall be subject to such rules.
(d) Cooperate with the crime detection and medical examiner laboratories authorized by Section 45-1-17, the University of Mississippi Medical Center, the Attorney General, law enforcement agencies, the courts and the State of Mississippi.
(2) In addition, the medical examiners shall:
(a) Upon receipt of notification of a death affecting the public interest, make inquiries regarding the cause and manner of death, reduce the findings to writing and promptly make a full report to the State Medical Examiner on forms prescribed for that purpose. The medical examiner shall be authorized to inspect and copy the medical reports of the decedent whose death is under investigation. However, the records copied shall be maintained as confidential so as to protect the doctor/patient privilege. The medical examiners shall be authorized to request the issuance of subpoenas, through the proper court, for the attendance of persons and for the production of documents as may be required by their investigation.
(b) Complete the medical examiner's portion of the certificate of death within seventy-two (72) hours of assuming jurisdiction over a death, and forward the certificate to the funeral director or to the family. The medical examiner's portion of the certificate of death shall include the decedent's name, the date and time of death, the cause of death and the certifier's signature. If determination of the cause and/or manner of death are pending an autopsy or toxicological or other studies, these sections on the certificate may be marked "pending," with amendment and completion to follow the completion of the postmortem studies. The State Medical Examiner shall be authorized to amend a death certificate; however, the State Medical Examiner is not authorized to change or amend any death certificate after he has resigned or been removed from his office as the State Medical Examiner. Where an attending physician refuses to sign a certificate of death, or in case of any death, the State Medical Examiner or properly qualified designee may sign the death certificate.
(c) Cooperate with other agencies as provided for the State Medical Examiner in subsection (1)(d) of this section.
(d) In all
investigations of deaths affecting the public interest where an autopsy will
not be performed, obtain or attempt to obtain postmortem blood, urine and/or
vitreous fluids. Medical examiners may also obtain rectal temperature
measurements, known hair samples, radiographs, gunshot residue/wiping studies,
fingerprints, palm prints and other noninvasive studies as the case warrants
and/or as directed by the State Medical Examiner. Decisions shall be made in
consultation with investigating law enforcement officials and/or the State
Medical Examiner. The cost of all studies not performed by the Mississippi * * *
Forensics Laboratory
shall be borne by the county. County medical examiner investigators shall be
authorized to obtain these postmortem specimens themselves following successful
completion of the death investigation training school.
(e) In all investigations of deaths occurring in the manner specified in subsection (2)(j) of Section 41-61-59, a death investigation shall be performed by the medical examiners in accordance with the child death investigation protocol established by the State Medical Examiner. The results of the death investigation shall be reported to the State Medical Examiner on forms prescribed for that purpose by the State Medical Examiner and to appropriate authorities, including police and child protective services, within three (3) days of the conclusion of the death investigation.
(3) The medical examiner shall not use his position or authority to favor any particular funeral home or funeral homes.
SECTION 4. Section 41-61-77, Mississippi Code of 1972, is amended as follows:
41-61-77. (1) The
Department of Public Safety shall establish and maintain a central office for
the Mississippi * * *
Forensics Laboratory and the State Medical Examiner with appropriate
facilities and personnel for postmortem medicolegal examinations. District
offices, with appropriate facilities and personnel, may also be established and
maintained if considered necessary by the department for the proper management
of postmortem examinations.
The facilities of the central and district offices and their staff services may be available to the medical examiners and designated pathologists in their investigations.
(2) In order to provide proper facilities for investigating deaths as authorized in Sections 41-61-51 through 41-61-79, the State Medical Examiner may arrange for the use of existing public or private laboratory facilities. The State Medical Examiner may contract with qualified persons to perform or to provide support services for autopsies, studies and investigations not inconsistent with other applicable laws. Such laboratory facilities may be located at the University of Mississippi Medical Center or any other suitable location. The State Medical Examiner may be an affiliate or regular faculty member of the Department of Pathology at the University of Mississippi Medical Center and may serve as a member of the faculty of other institutions of higher learning. He shall be authorized to employ, with the approval of the Commissioner of Public Safety, such additional scientific, technical, administrative and clerical assistants as are necessary for performance of his duties. Such employees in the office of the State Medical Examiner shall be subject to the rules, regulations and policies of the state personnel system in their employment.
(3) The State Medical Examiner shall be authorized to appoint and/or employ qualified pathologists as additional associate and assistant state medical examiners as are necessary to carry out the duties of his office. The associate and assistant state medical examiners shall be licensed to practice medicine in Mississippi and, insofar as practicable, shall be trained in the field of forensic pathology. The State Medical Examiner may delegate specific duties to competent and qualified medical examiners within the scope of the express authority granted to him by law or regulation. Employees of the Office of the State Medical Examiner shall have the authority to enter any political subdivisions of this state for the purpose of carrying out medical investigations.
SECTION 5. Section 45-1-2, Mississippi Code of 1972, is amended as follows:
45-1-2. (1) The Executive Director of the Department of Public Safety shall be the Commissioner of Public Safety.
(2) The Commissioner of Public Safety shall establish the organizational structure of the Department of Public Safety, which shall include the creation of any units necessary to implement the duties assigned to the department and consistent with specific requirements of law including, but not limited to:
(a) Office of Public Safety Planning;
(b) Office of Medical Examiner;
(c) Office of Mississippi Highway Safety Patrol;
(d) Office of * * * Forensics Laboratories;
(e) Office of Law Enforcement Officers' Training Academy;
(f) Office of Support Services;
(g) Office of Narcotics, which shall be known as the Bureau of Narcotics; and
(h) Office of Homeland Security.
(3) The department shall be headed by a commissioner, who shall be appointed by and serve at the pleasure of the Governor. The appointment of the commissioner shall be made with the advice and consent of the Senate. The commissioner may assign to the appropriate offices such powers and duties as deemed appropriate to carry out the department's lawful functions.
(4) The commissioner of the department shall appoint heads of offices, who shall serve at the pleasure of the commissioner. The commissioner shall have the authority to organize the offices established by subsection (2) of this section as deemed appropriate to carry out the responsibilities of the department. The organization charts of the department shall be presented annually with the budget request of the Governor for review by the Legislature.
(5) The commissioner of the department shall appoint, from within the Department of Public Safety, a statewide safety training officer who shall serve at the pleasure of the commissioner and whose duty it shall be to perform public training for both law enforcement and private persons throughout the state concerning proper emergency response to the mentally ill, terroristic threats or acts, domestic conflict, other conflict resolution, and such other matters as the commissioner may direct.
SECTION 6. Section 45-1-25, Mississippi Code of 1972, is amended as follows:
45-1-25. The Director of
the Mississippi * * * Forensics Laboratory which has been established by the
Commissioner of Public Safety under the authority of Section 45-1-17 shall be a
person who is experienced in * * * forensics laboratory operations,
knowledgeable of the criminal justice system, and who shall have the following
minimum qualifications:
(a) Graduation from an accredited four-year college or university with major course work in forensic science, chemistry, biology, commercial science or physics.
(b) At least five (5)
years' full-time employment in a * * * forensics laboratory, with
supervisory or administrative responsibility.
(c) Thorough knowledge
of the utilization of * * * forensics laboratory services and their relation to the
investigating law enforcement officers.
(d) Thorough knowledge of techniques employed in processing of physical evidence.
(e) Membership in professional organizations promoting advancement of forensic science.
(f) Proven effectiveness as a manager and administrator.
Unusual strength in one or more of the above qualifications may compensate for failure to exactly satisfy paragraph (b) of this section.
The Director of the * * * Forensics Laboratory may only be
removed by the Commissioner of Public Safety upon proof of his inability to
serve due to illness, administrative or managerial ineffectiveness,
incompetence, malfeasance, dereliction of duty or moral turpitude.
SECTION 7. Section 45-1-29, Mississippi Code of 1972, is amended as follows:
45-1-29. (1) The
Mississippi * * *
Forensics Laboratory shall be funded separately from the Department of
Public Safety. Any appropriated funds shall be maintained in an account
separate from any funds of the Department of Public Safety and shall never be
commingled with any funds of the department. However, nothing in this section
shall be construed to prohibit the utilization of the combined resources of the
Mississippi * * *
Forensics Laboratory, the Division of Support Services of the Department
of Public Safety or the Mississippi Justice Information Center to efficiently
carry out the mission of the Department of Public Safety.
(2) Grants and donations to
the * * * Forensics
Laboratory may be accepted from individuals, the federal government, firms,
corporations, foundations and other interested organizations and societies.
(3) The Commissioner of
Public Safety shall establish and the Division of Support Services of the
Department of Public Safety shall collect for services rendered proper fees
commensurate with the services rendered by the * * * Forensics Laboratory. Those fees
shall be deposited into a special fund in the State Treasury to the credit of
the * * * Forensics
Laboratory and expended in accordance with applicable rules and regulations of
the Department of Finance and Administration. Those fees may be used for any
authorized expenditure of the * * * Forensics Laboratory except
expenditures for salaries, wages and fringe benefits.
(4) Upon every individual
convicted of a felony, every individual who is nonadjudicated on a felony or
misdemeanor case under Section 99-15-26, and every individual who participates
in a pretrial intervention program established under Section 99-15-101 et seq.,
in a case where the * * *
Forensics Laboratory provided forensic science or laboratory services in
connection with the case, the court shall impose and collect a separate
laboratory analysis fee of Three Hundred Dollars ($300.00), in addition to any
other assessments and costs imposed by statutory authority, unless the court
finds that undue hardship would result by imposing the fee. All fees collected
under this section shall be deposited into the special fund of the * * * Forensics Laboratory created in
subsection (3) of this section.
SECTION 8. Section 45-1-31, Mississippi Code of 1972, is amended as follows:
45-1-31. (1) The * * * Forensics Laboratory shall be
empowered to purchase, equip and maintain vehicles, as authorized by law, and
other conveyances for necessary business such as travel to court, crime scene
assistance and consultation. The vehicles shall be independent of the vehicles
purchased and operated by the department of public safety.
(2) Obsolete nonrepairable
or salvageable equipment shall be sold, as provided by law, and the funds so
derived shall go into the account of the * * * Forensics Laboratory and be used
to replace such equipment.
SECTION 9. Section 45-33-23, Mississippi Code of 1972, is amended as follows:
45-33-23. For the purposes of this chapter, the following words shall have the meanings ascribed herein unless the context clearly requires otherwise:
(a) "Conviction" means that, regarding the person's offense, there has been a determination or judgment of guilt as a result of a trial or the entry of a plea of guilty or nolo contendere regardless of whether adjudication is withheld. "Conviction of similar offenses" includes, but is not limited to, a conviction by a federal or military tribunal, including a court-martial conducted by the Armed Forces of the United States, a conviction for an offense committed on an Indian Reservation or other federal property, a conviction in any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Northern Marianna Islands or the United States Virgin Islands, and a conviction in a foreign country if the foreign country's judicial system is such that it satisfies minimum due process set forth in the guidelines under Section 111(5)(B) Public Law 109-248.
(b) "Department" means the Mississippi Department of Public Safety unless otherwise specified.
(c) "Jurisdiction" means any court or locality including any state court, federal court, military court, Indian tribunal or foreign court, the fifty (50) states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Northern Marianna Islands or the United States Virgin Islands, and Indian tribes that elect to function as registration jurisdictions under Title 1, SORNA Section 127 of the Adam Walsh Child Safety Act.
(d) "Permanent residence" means a place where the person abides, lodges, or resides for a period of fourteen (14) or more consecutive days.
(e) "Registration" means providing information to the appropriate agency within the time frame specified as required by this chapter.
(f) "Registration
duties" means obtaining the registration information required on the form
specified by the department as well as the photograph, fingerprints and
biological sample of the registrant. Biological samples are to be forwarded to
the * * *
Mississippi Forensics Laboratory pursuant to Section 45-33-37; the
photograph, fingerprints and other registration information are to be forwarded
to the Department of Public Safety immediately.
(g) "Responsible agency" is defined as the person or government entity whose duty it is to obtain information from a criminal sex offender upon conviction and to transmit that information to the Mississippi Department of Public Safety.
(i) For a criminal sex offender being released from the custody of the Department of Corrections, the responsible agency is the Department of Corrections.
(ii) For a criminal sex offender being released from a county jail, the responsible agency is the sheriff of that county.
(iii) For a criminal sex offender being released from a municipal jail, the responsible agency is the police department of that municipality.
(iv) For a sex offender in the custody of the youth court, the responsible agency is the youth court.
(v) For a criminal sex offender who is being placed on probation, including conditional discharge or unconditional discharge, without any sentence of incarceration, the responsible agency is the sentencing court.
(vi) For an offender who has been committed to a mental institution following an acquittal by reason of insanity, the responsible agency is the facility from which the offender is released. Specifically, the director of the facility shall notify the Department of Public Safety before the offender's release.
(vii) For a criminal sex offender who is being released from a jurisdiction outside this state or who has a prior conviction in another jurisdiction and who is to reside, work or attend school in this state, the responsible agency is both the sheriff of the proposed county of residence and the department.
(h) "Sex offense" or "registrable offense" means any of the following offenses:
(i) Section 97-3-53 relating to kidnapping, if the victim was below the age of eighteen (18);
(ii) Section 97-3-65 relating to rape; however, conviction or adjudication under Section 97-3-65(1)(a) when the offender was eighteen (18) years of age or younger at the time of the alleged offense, shall not be a registrable sex offense;
(iii) Section 97-3-71 relating to rape and assault with intent to ravish;
(iv) Section 97-3-95 relating to sexual battery; however, conviction or adjudication under Section 97-3-95(1)(c) when the offender was eighteen (18) years of age or younger at the time of the alleged offense, shall not be a registrable sex offense;
(v) Section 97-5-5 relating to enticing a child for concealment, prostitution or marriage;
(vi) Section 97-5-23 relating to the touching of a child, mentally defective or incapacitated person or physically helpless person for lustful purposes;
(vii) Section 97-5-27 relating to the dissemination of sexually oriented material to children;
(viii) Section 97-5-33 relating to the exploitation of children;
(ix) Section 97-5-41 relating to the carnal knowledge of a stepchild, adopted child or child of a cohabiting partner;
(x) Section 97-29-3 relating to sexual intercourse between teacher and student;
(xi) Section 97-29-59 relating to unnatural intercourse;
(xii) Section 43-47-18 relating to sexual abuse of a vulnerable person;
(xiii) Section 97-3-54.1(1)(c) relating to procuring sexual servitude of a minor and Section 97-3-54.3 relating to aiding, abetting or conspiring to violate Section 97-3-54.1(1)(c);
(xiv) Section 97-29-61(2) relating to voyeurism when the victim is a child under sixteen (16) years of age;
(xv) Section 97-29-63 relating to filming another without permission where there is an expectation of privacy;
(xvi) Section 97-29-45(1)(a) relating to obscene electronic communication;
(xvii) Section 97-3-104 relating to the crime of sexual activity between law enforcement, correctional or custodial personnel and prisoners;
(xviii) Section 97-5-39(1)(e) relating to contributing to the neglect or delinquency of a child, felonious abuse or battery of a child, if the victim was sexually abused;
(xix) Section 97-1-7 relating to attempt to commit any of the above-referenced offenses;
(xx) Any other offense resulting in a conviction in another jurisdiction which, if committed in this state, would be deemed to be such a crime without regard to its designation elsewhere;
(xxi) Any offense resulting in a conviction in another jurisdiction for which registration is required in the jurisdiction where the conviction was had;
(xxii) Any conviction of conspiracy to commit, accessory to commission, or attempt to commit any offense listed in this section;
(xxiii) Capital murder when one (1) of the above-described offenses is the underlying crime.
(i) "Temporary residence" is defined as any place where the person abides, lodges, or resides for a period of seven (7) or more consecutive days which is not the person's permanent residence.
SECTION 10. Section 45-33-35, Mississippi Code of 1972, is amended as follows:
45-33-35. (1) The Mississippi Department of Public Safety shall maintain a central registry of sex offender information as defined in Section 45-33-25 and shall adopt rules and regulations necessary to carry out this section. The responsible agencies shall provide the information required in Section 45-33-25 on a form developed by the department to ensure accurate information is maintained.
(2) Upon conviction, adjudication or acquittal by reason of insanity of any sex offender, if the sex offender is not immediately confined or not sentenced to a term of imprisonment, the clerk of the court which convicted and sentenced the sex offender shall inform the person of the duty to register, including the duty to personally appear at a Department of Public Safety Driver's License Station, and shall perform the registration duties as described in Section 45-33-23 and forward the information to the department.
(3) Before release from prison or placement on parole, supervised release or in a work center or restitution center, the Department of Corrections shall inform the person of the duty to register, including the duty to personally appear at a Department of Public Safety Driver's License Station, and shall perform the registration duties as described in Section 45-33-23 and forward the information to the Department of Public Safety.
(4) Before release from a community regional mental health center or from confinement in a mental institution following an acquittal by reason of insanity, the director of the facility shall inform the offender of the duty to register, including the duty to personally appear at a Department of Public Safety Driver's License Station, and shall perform the registration duties as described in Section 45-33-23 and forward the information to the Department of Public Safety.
(5) Before release from a youthful offender facility, the director of the facility shall inform the person of the duty to register, including the duty to personally appear at a Department of Public Safety Driver's License Station, and shall perform the registration duties as described in Section 45-33-23 and forward the information to the Department of Public Safety.
(6) In addition to performing the registration duties, the responsible agency shall:
(a) Inform the person having a duty to register that:
(i) The person is required to personally appear at a Department of Public Safety Driver's License Station at least ten (10) days before changing address.
(ii) Any change of address to another jurisdiction shall be reported to the department by personally appearing at a Department of Public Safety Driver's License Station not less than ten (10) days before the change of address. The offender shall comply with any registration requirement in the new jurisdiction.
(iii) The person must register in any jurisdiction where the person is employed, carries on a vocation, is stationed in the military or is a student.
(iv) Address verifications shall be made by personally appearing at a Department of Public Safety Driver's License Station within the required time period.
(v) Notification or verification of a change in status of a registrant's enrollment, employment or vocation at any public or private educational institution, including any secondary school, trade or professional institution, or institution of higher education shall be reported to the department by personally appearing at a Department of Public Safety Driver's License Station within three (3) business days of the change.
(vi) If the person has been convicted of a sex offense, the person shall notify any organization for which the person volunteers in which volunteers have direct, private or unsupervised contact with minors that the person has been convicted of a sex offense as provided in Section 45-33-32(1).
(vii) Upon any change of name or employment, a registrant is required to personally appear at a Department of Public Safety Driver's License Station within three (3) business days of the change.
(viii) Upon any change of vehicle information, a registrant is required to report the change on an appropriate form supplied by the department within three (3) business days of the change.
(ix) Upon any change of e-mail address or addresses, instant message address or addresses or any other designation used in Internet communications, postings or telephone communications, a registrant is required to report the change on an appropriate form supplied by the department within three (3) business days of the change.
(x) Upon any change of information deemed to be necessary to the state's policy to assist local law enforcement agencies' efforts to protect their communities, a registrant is required to report the change on an appropriate form supplied by the department within three (3) business days of the change.
(b) Require the person to read and sign a form stating that the duty of the person to register under this chapter has been explained.
(c) Obtain or
facilitate the obtaining of a biological sample from every registrant as
required by this chapter if such biological sample has not already been
provided to the Mississippi * * * Forensics Laboratory.
(d) Provide a copy of the order of conviction or sentencing order to the department at the time of registration.
SECTION 11. Section 45-33-37, Mississippi Code of 1972, is amended as follows:
45-33-37. (1) The
Mississippi * * *
Forensics Laboratory shall develop a plan for and establish a
deoxyribonucleic acid (DNA) identification system. In implementing the plan,
the Mississippi * * *
Forensics 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) The Mississippi * * * Forensics 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 * * * Forensics 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.
SECTION 12. Section 57-21-9, Mississippi Code of 1972, is amended as follows:
57-21-9. The laboratory is established for the following purposes:
(a) To provide analytical chemical and bacteriological services for regulatory control, in cooperation with the Mississippi Department of Agriculture and Commerce, of the quality of feeds, oil-seed meals, fertilizers and economic poisons offered for sale in Mississippi. The State Chemist shall also share responsibility for labeling and standards of such goods with these agencies.
(b) To conduct chemical, bacteriological and physical tests of foods sold in the state, regulating the quality and labeling of such foods.
(c) To conduct chemical and physical tests on petroleum products offered for sale in the state.
(d) To provide
chemically oriented consultation, problem-solving services and supporting
analytical chemistry for other state organizations and agencies such as the
Mississippi Department of Wildlife, Fisheries and Parks, the Mississippi
Department of Environmental Quality, the State Geologist, the Board of Health,
the Mississippi Development Authority, the University Research Center, the
Veterinary Diagnostic Laboratory, the Highway Patrol, the Mississippi * * * Forensics Laboratory, the
Mississippi Department of Agriculture and Commerce, the Cooperative Extension Service
and the Agricultural and Forestry Experimental Station as funds and resources
permit.
(e) To provide chemical consultation, toxicological analyses and scientific services for the solution of problems of individual citizens and firms of the state who are engaged in agricultural or industrial endeavors furthering the economic growth or development of Mississippi.
(f) To conduct research and development programs associated with the discharge of these responsibilities.
(g) To carry out any program or duty which may be authorized or delegated to it by future legislation.
SECTION 13. Section 63-11-5, Mississippi Code of 1972, is amended as follows:
63-11-5. (1) Any person who operates a motor vehicle upon the public highways, public roads and streets of this state shall be deemed to have given his consent, subject to the provisions of this chapter, to a chemical test or tests of his breath for the purpose of determining alcohol concentration. A person shall give his consent to a chemical test or tests of his breath, blood or urine for the purpose of determining the presence in his body of any other substance which would impair a person's ability to operate a motor vehicle. The test or tests shall be administered at the direction of any highway patrol officer, any sheriff or his duly commissioned deputies, any police officer in any incorporated municipality, any national park ranger, any officer of a state-supported institution of higher learning campus police force if such officer is exercising this authority in regard to a violation that occurred on campus property, or any security officer appointed and commissioned pursuant to the Pearl River Valley Water Supply District Security Officer Law of 1978 if such officer is exercising this authority in regard to a violation that occurred within the limits of the Pearl River Valley Water Supply District, when such officer has reasonable grounds and probable cause to believe that the person was driving or had under his actual physical control a motor vehicle upon the public streets or highways of this state while under the influence of intoxicating liquor or any other substance which had impaired such person's ability to operate a motor vehicle. No such test shall be administered by any person who has not met all the educational and training requirements of the appropriate course of study prescribed by the Board on Law Enforcement Officers Standards and Training; provided, however, that sheriffs and elected chiefs of police shall be exempt from such educational and training requirement. No such tests shall be given by any officer or any agency to any person within fifteen (15) minutes of consumption of any substance by mouth.
(2) If the officer has reasonable grounds and probable cause to believe such person to have been driving a motor vehicle upon the public highways, public roads, and streets of this state while under the influence of intoxicating liquor, such officer shall inform such person that his failure to submit to such chemical test or tests of his breath shall result in the suspension of his privilege to operate a motor vehicle upon the public streets and highways of this state for a period of ninety (90) days in the event such person has not previously been convicted of a violation of Section 63-11-30, or, for a period of one (1) year in the event of any previous conviction of such person under Section 63-11-30.
(3) The traffic ticket, citation or affidavit issued to a person arrested for a violation of this chapter shall conform to the requirements of Section 63-9-21(3)(b), and, if filed electronically, shall conform to Section 63-9-21(8).
(4) Any person arrested under the provisions of this chapter shall be informed that he has the right to telephone for the purpose of requesting legal or medical assistance immediately after being booked for a violation under this chapter.
(5) The Commissioner of
Public Safety and the * * * Mississippi Forensics Laboratory created pursuant to
Section 45-1-17 are hereby authorized from and after the passage of this
section to adopt procedures, rules and regulations, applicable to the Implied
Consent Law.
SECTION 14. Section 63-11-8, Mississippi Code of 1972, is amended as follows:
63-11-8. (1) The operator of any motor vehicle involved in an accident that results in a death shall be tested for the purpose of determining the alcohol content or drug content of such operator's blood, breath or urine. Any blood withdrawal required by this section shall be administered by any qualified person and shall be administered within two (2) hours after such accident, if possible. The exact time of the accident, to the extent possible, and the exact time of the blood withdrawal shall be recorded.
(2) If any investigating law enforcement officer has reasonable grounds to believe that a person is the operator of a motor vehicle involved in an accident that has resulted in a death, it shall be such officer's duty to see that a chemical test is administered as required by this section.
(3) The results of a test administered pursuant to this section may be used as evidence in any court or administrative hearing without the consent of the person so tested.
(4) No person may refuse to submit to a chemical test required under the provisions of this section.
(5) Analysis of blood or
urine to determine alcohol or drug content pursuant to this section shall be
conducted by the Mississippi * * * Forensics Laboratory or a
laboratory whose methods and procedures have been approved by the Mississippi * * * Forensics Laboratory.
SECTION 15. Section 63-11-13, Mississippi Code of 1972, is amended as follows:
63-11-13. The person tested
may, at his own expense, have a physician, registered nurse, clinical
laboratory technologist or clinical laboratory technician or any other
qualified person of his choosing administer a test, approved by the * * *
Mississippi Forensics
Laboratory created pursuant to Section 45-1-17, in addition to any other test,
for the purpose of determining the amount of alcohol in his blood at the time
alleged as shown by chemical analysis of his blood, breath or urine. The
failure or inability to obtain an additional test by such arrested person shall
not preclude the admissibility in evidence of the test taken at the direction
of a law enforcement officer.
SECTION 16. Section 63-11-19, Mississippi Code of 1972, is amended as follows:
63-11-19. A chemical
analysis of the person's breath, blood or urine, to be considered valid under
the provisions of this section, shall have been performed according to methods
approved by the * * * Mississippi Forensics Laboratory created pursuant to
Section 45-1-17 and the Commissioner of Public Safety and performed by an
individual possessing a valid permit issued by the * * * Mississippi Forensics
Laboratory for making such analysis. The * * * Mississippi Forensics
Laboratory and the Commissioner of Public Safety are authorized to approve
satisfactory techniques or methods, to ascertain the qualifications and
competence of individuals to conduct such analyses, and to issue permits which
shall be subject to termination or revocation at the discretion of the * * * Mississippi Forensics
Laboratory. The * * * Mississippi Forensics Laboratory shall not approve the
permit required herein for any law enforcement officer other than a member of
the State Highway Patrol, a sheriff or his deputies, a city policeman, an
officer of a state-supported institution of higher learning campus police
force, a security officer appointed and commissioned pursuant to the Pearl
River Valley Water Supply District Security Officer Law of 1978, a national
park ranger, a national park ranger technician, a military policeman stationed
at a United States military base located within this state other than a
military policeman of the Army or Air National Guard or of Reserve Units of the
Army, Air Force, Navy or Marine Corps, a marine law enforcement officer
employed by the Department of Marine Resources, or a conservation officer
employed by the Mississippi Department of Wildlife, Fisheries and Parks. The
permit given a marine law enforcement officer shall authorize such
officer to administer tests only for violations of Sections 59-23-1 through 59-23-7.
The permit given a conservation officer shall authorize such officer to
administer tests only for violations of Sections 59-23-1 through 59-23-7 and
for hunting related incidents resulting in injury or death to any person by
discharge of a weapon as provided under Section 49-4-31.
The * * * Mississippi Forensics
Laboratory shall make periodic, but not less frequently than quarterly, tests
of the methods, machines or devices used in making chemical analysis of a
person's breath as shall be necessary to ensure the accuracy thereof, and shall
issue its certificate to verify the accuracy of the same.
SECTION 17. Section 63-11-32, Mississippi Code of 1972, is amended as follows:
63-11-32. (1) The State Department of Public Safety in conjunction with the Governor's Highway Safety Program, the State Board of Health, or any other state agency or institution shall develop and implement a driver improvement program for persons identified as first offenders convicted of driving while under the influence of intoxicating liquor or another substance which had impaired such person's ability to operate a motor vehicle, including provision for referral to rehabilitation facilities.
(2) The program shall consist of a minimum of ten (10) hours of instruction. Each person who participates shall pay a nominal fee to defray a portion of the cost of the program.
(3) Such assessments as are collected under subsection (2) of Section 99-19-73 shall be deposited in a special fund hereby created in the State Treasury and designated the "Mississippi Alcohol Safety Education Program Fund." Monies deposited in such fund shall be expended by the Board of Trustees of State Institutions of Higher Learning as authorized and appropriated by the Legislature to defray the costs of the Mississippi Alcohol Safety Education Program operated pursuant to the provisions of this section. Any revenue in the fund which is not encumbered at the end of the fiscal year shall lapse to the General Fund.
(4) Such assessments as are collected under subsection (2) of Section 99-19-73 shall be deposited in a special fund hereby created in the State Treasury and designated the "Federal-State Alcohol Program Fund." Monies deposited in such fund shall be expended by the Department of Public Safety as authorized and appropriated by the Legislature to defray the costs of alcohol and traffic safety programs. Any revenue in the fund which is not encumbered at the end of the fiscal year shall lapse to the General Fund.
(5) Such assessments as are
collected under subsection (2) of Section 99-19-73 shall be deposited in a
special fund hereby created in the State Treasury and designated the
"Mississippi * * *
Forensics Laboratory Implied Consent Law Fund." Monies deposited
in such fund shall be expended by the Department of Public Safety as authorized
and appropriated by the Legislature to defray the costs of equipment
replacement and operational support of the Mississippi * * * Forensics Laboratory relating to
enforcement of the Implied Consent Law. Any revenue in the fund which is not
encumbered at the end of the fiscal year shall not lapse to the General Fund
but shall remain in the fund.
SECTION 18. Section 63-11-47, Mississippi Code of 1972, is amended as follows:
63-11-47. The Commissioner
of Public Safety, acting in concert with the * * * Mississippi Forensics
Laboratory created pursuant to Section 45-1-17, is hereby expressly authorized
and directed to determine the equipment and supplies which are adequate and
necessary from both a medical and law enforcement standpoint for administration
of this chapter. The Commissioner of Public Safety, upon receiving such
recommendation from the * * *State Crime Mississippi Forensics Laboratory, shall
recommend an equipment standard for such equipment to the * * * Department of
Finance and Administration. The * * * Department of
Finance and Administration, using such a uniform standard for said
equipment, shall advertise its intention of purchasing said equipment by one
(1) publication in at least one (1) newspaper having general circulation in the
State of Mississippi at least ten (10) days before the purchase of such
equipment and supplies, and the advertisement shall clearly and distinctly
describe the articles to be purchased, and shall receive sealed bids thereon
which shall be opened in public at a time and place to be specified in the
advertisement.
The * * * Department of
Finance and Administration shall accept the lowest and best bid for said
equipment and supplies; in its discretion, it may reject any and all bids
submitted. The lowest and best bid for said equipment and supplies accepted by
the * * * Department of Finance and Administration
shall be the state-approved price of said equipment for purchase by the state,
county and city governments.
Title to all such testing equipment in the state purchased hereunder shall remain in the Commissioner of Public Safety regardless of what entity pays the purchase price.
The state, counties and
municipalities may purchase in the name of the Commissioner of Public Safety
such equipment and supplies from other vendors of said equipment and supplies
necessary to implement this chapter, provided they purchase of the same quality
and standard as certified to the * * * Department of
Finance and Administration and approved by the department. However, such
equipment and supplies shall not be purchased by the state, counties and
municipalities unless it is at a price equivalent to or lower than that
approved by the * * * Department of Finance and Administration,
pursuant to the bid procedure as outlined herein.
SECTION 19. Section 99-19-73, Mississippi Code of 1972, is amended as follows:
99-19-73. (1) Traffic violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation in Title 63, Mississippi Code of 1972, except offenses relating to the Mississippi Implied Consent Law (Section 63-11-1 et seq.) and offenses relating to vehicular parking or registration:
FUND AMOUNT
State Court Education Fund.............................. $ .85
State Prosecutor Education Fund......................... 1.25
Vulnerable Persons Training,
Investigation and Prosecution Trust Fund........... 1.50
Child Support Prosecution Trust Fund.................... .30
Driver Training Penalty Assessment Fund................. 5.12
Law Enforcement Officers Training Fund.................. 5.00
Spinal Cord and Head Injury Trust Fund
(for all moving violations)........................ 5.45
Emergency Medical Services Operating Fund............... 20.00
Mississippi Leadership Council on Aging Fund............ 1.00
Law Enforcement Officers and Fire Fighters Death
Benefits Trust Fund................................ .50
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund..................... .15
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for district
attorneys and their legal assistants............. . 10.00
Crisis Intervention Mental Health Fund.................. 10.00
Drug Court Fund, through June 30, 2015.................. 10.53
Drug Court Fund, from and after July 1, 2015......... .. 10.00
Capital Defense Counsel Fund............................ 2.89
Indigent Appeals Fund................................... 2.29
Capital Post-Conviction Counsel Fund.................... 2.33
Victims of Domestic Violence Fund....................... .49
Public Defenders Education Fund......................... 1.00
Domestic Violence Training Fund......................... 1.00
Attorney General's Cyber-Crime Unit..................... 2.50
Children's Justice Center Fund.......................... 2.21
DuBard School for Language Disorders Fund............... .88
Children's Advocacy Centers Fund ....................... 1.91
Judicial System Operation Fund, through
June 30, 2015...................................... 1.35
TOTAL STATE ASSESSMENT through June 30, 2015............ $ 90.50
TOTAL STATE ASSESSMENT
FROM AND AFTER JULY 1, 2015....................... $ 88.62
(2) Implied Consent Law violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or any other penalty for any violation of the Mississippi Implied Consent Law (Section 63-11-1 et seq.):
FUND AMOUNT
Crime Victims' Compensation Fund........................ $ 10.00
State Court Education Fund.............................. 1.50
State Prosecutor Education Fund......................... 2.00
Vulnerable Persons Training,
Investigation and Prosecution Trust Fund........... 1.50
Child Support Prosecution Trust Fund.................... .50
Driver Training Penalty Assessment Fund................. 22.00
Law Enforcement Officers Training Fund.................. 11.00
Emergency Medical Services Operating Fund............... 45.00
Mississippi Alcohol Safety Education Program Fund....... 5.00
Federal-State Alcohol Program Fund...................... 10.00
Mississippi * * * Forensics Laboratory
Implied Consent Law Fund........................... 25.00
Spinal Cord and Head Injury Trust Fund.................. 25.00
Capital Defense Counsel Fund............................ 2.89
Indigent Appeals Fund................................... 2.29
Capital Post-Conviction Counsel Fund.................... 2.33
Victims of Domestic Violence Fund....................... .49
State General Fund...................................... 35.00
Law Enforcement Officers and Fire Fighters Death
Benefits Trust Fund................................ .50
Law Enforcement Officers and Fire Fighters Disability
Benefits Trust Fund................................ 1.00
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for district
attorneys and their legal assistants............... 10.00
Crisis Intervention Mental Health Fund.................. 10.00
Drug Court Fund......................................... 10.00
Statewide Victims' Information and Notification
System Fund........................................ 6.00
Public Defenders Education Fund......................... 1.00
Domestic Violence Training Fund......................... 1.00
Attorney General's Cyber-Crime Unit..................... 2.50
TOTAL STATE ASSESSMENT.................................. $243.50
(3) Game and Fish Law violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation of the game and fish statutes or regulations of this state:
FUND AMOUNT
State Court Education Fund.............................. $ 1.50
State Prosecutor Education Fund......................... 2.00
Vulnerable Persons Training,
Investigation and Prosecution Trust Fund........... 1.50
Law Enforcement Officers Training Fund.................. 5.00
Hunter Education and Training Program Fund.............. 5.00
State General Fund...................................... 30.00
Law Enforcement Officers and Fire Fighters Death
Benefits Trust Fund................................ .50
Law Enforcement Officers and Fire Fighters Disability
Benefits Trust Fund................................ 1.00
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for district
attorneys and their legal assistants.............. 10.00
Crisis Intervention Mental Health Fund.................. 10.00
Drug Court Fund......................................... 10.00
Capital Defense Counsel Fund............................ 2.89
Indigent Appeals Fund................................... 2.29
Capital Post-Conviction Counsel Fund.................... 2.33
Victims of Domestic Violence Fund....................... .49
Public Defenders Education Fund......................... 1.00
Domestic Violence Training Fund......................... 1.00
Attorney General's Cyber-Crime Unit..................... 2.50
TOTAL STATE ASSESSMENT.................................. $ 89.00
(4) [Deleted]
(5) Speeding, reckless and careless driving violations. In addition to any assessment imposed under subsection (1) or (2) of this section, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for driving a vehicle on a road or highway:
(a) At a speed that exceeds the posted speed limit by
at least ten (10) miles per hour but not more than twenty (20) miles per hour.................................................... $ 10.00
(b) At a speed that exceeds the posted speed limit by at least twenty (20) miles per hour but not more than thirty (30) miles per hour $ 20.00
(c) At a speed that exceeds the posted speed limit by thirty (30) miles per hour or more.................................. $ 30.00
(d) In violation of Section 63-3-1201, which is the offense of reckless driving........................................ $ 10.00
(e) In violation of Section 63-3-1213, which is the offense of careless driving........................................ $ 10.00
All assessments collected under this subsection shall be deposited into the Mississippi Trauma Care Systems Fund established under Section 41-59-75.
(6) Other misdemeanors. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any misdemeanor violation not specified in subsection (1), (2) or (3) of this section, except offenses relating to vehicular parking or registration:
FUND AMOUNT
Crime Victims' Compensation Fund......................... $ 6.92
State Court Education Fund.............................. 1.50
State Prosecutor Education Fund......................... 2.00
Vulnerable Persons Training,
Investigation and Prosecution Trust Fund........... 1.50
Child Support Prosecution Trust Fund.................... .50
Law Enforcement Officers Training Fund.................. 5.00
Capital Defense Counsel Fund............................ 2.89
Indigent Appeals Fund................................... 2.29
Capital Post-Conviction Counsel Fund.................... 2.33
Victims of Domestic Violence Fund....................... .49
State General Fund...................................... 30.00
State Crime Stoppers Fund............................... 1.50
Law Enforcement Officers and Fire Fighters Death
Benefits Trust Fund................................ .50
Law Enforcement Officers and Fire Fighters Disability
Benefits Trust Fund................................ 1.00
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for district
attorneys and their legal assistants.............. 10.00
Crisis Intervention Mental Health Fund.................. 10.00
Drug Court Fund......................................... 8.00
Judicial Performance Fund............................... 2.00
Statewide Victims' Information and Notification
System Fund........................................ 6.00
Public Defenders Education Fund......................... 1.00
Domestic Violence Training Fund......................... 1.00
Attorney General's Cyber-Crime Unit..................... 2.50
Information Exchange Network Fund....................... 4.00
Motorcycle Officer Training Fund........................ 1.06
Civil Legal Assistance Fund............................... 2.77
Justice Court Collections Fund............................ 7.50
Municipal Court Collections Fund ......................... 7.50
TOTAL STATE ASSESSMENT.................................. $121.75
(7) Other felonies. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any felony violation not specified in subsection (1), (2) or (3) of this section:
FUND AMOUNT
Crime Victims' Compensation Fund........................ $ 10.00
State Court Education Fund.............................. 1.50
State Prosecutor Education Fund......................... 2.00
Vulnerable Persons Training,
Investigation and Prosecution Trust Fund........... 1.50
Child Support Prosecution Trust Fund.................... .50
Law Enforcement Officers Training Fund.................. 5.00
Capital Defense Counsel Fund............................ 2.89
Indigent Appeals Fund................................... 2.29
Capital Post-Conviction Counsel Fund.................... 2.33
Victims of Domestic Violence Fund....................... .49
State General Fund...................................... 60.00
Criminal Justice Fund................................... 50.00
Law Enforcement Officers and Fire Fighters Death
Benefits Trust Fund................................ .50
Law Enforcement Officers and Fire Fighters Disability
Benefits Trust Fund................................ 1.00
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for district
attorneys and their legal assistants.............. 10.00
Crisis Intervention Mental Health Fund.................. 10.00
Drug Court Fund......................................... 10.00
Statewide Victims' Information and Notification
System Fund............................................. 6.00
Public Defenders Education Fund......................... 1.00
Domestic Violence Training Fund......................... 1.00
Attorney General's Cyber-Crime Unit..................... 2.50
* * * Forensics Laboratory DNA
Identification System Fund 100.00
TOTAL STATE ASSESSMENT.................................. $280.50
(8) Additional assessments on certain violations:
(a) Railroad crossing violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment in addition to all other state assessments due under this section from each person upon whom a court imposes a fine or other penalty for any violation involving railroad crossings under Section 37-41-55, 63-3-1007, 63-3-1009, 63-3-1011, 63-3-1013 or 77-9-249:
Operation Lifesaver Fund................................. $25.00
(b) Drug violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment in addition to all other state assessments due under this section from each person upon whom a court imposes a fine or other penalty for any violation of Section 41-29-139:
Drug Evidence Disposition Fund........................... $25.00
(9) If a fine or other penalty imposed is suspended, in whole or in part, such suspension shall not affect the state assessment under this section. No state assessment imposed under the provisions of this section may be suspended or reduced by the court.
(10) After a determination by the court of the amount due, it shall be the duty of the clerk of the court to promptly collect all state assessments imposed under the provisions of this section. The state assessments imposed under the provisions of this section may not be paid by personal check. It shall be the duty of the chancery clerk of each county to deposit all such state assessments collected in the circuit, county and justice courts in such county on a monthly basis with the State Treasurer pursuant to appropriate procedures established by the State Auditor. The chancery clerk shall make a monthly lump-sum deposit of the total state assessments collected in the circuit, county and justice courts in such county under this section, and shall report to the Department of Finance and Administration the total number of violations under each subsection for which state assessments were collected in the circuit, county and justice courts in such county during such month. It shall be the duty of the municipal clerk of each municipality to deposit all such state assessments collected in the municipal court in such municipality on a monthly basis with the State Treasurer pursuant to appropriate procedures established by the State Auditor. The municipal clerk shall make a monthly lump-sum deposit of the total state assessments collected in the municipal court in such municipality under this section, and shall report to the Department of Finance and Administration the total number of violations under each subsection for which state assessments were collected in the municipal court in such municipality during such month.
(11) It shall be the duty of the Department of Finance and Administration to deposit on a monthly basis all such state assessments into the proper special fund in the State Treasury. The monthly deposit shall be based upon the number of violations reported under each subsection and the pro rata amount of such assessment due to the appropriate special fund. The Department of Finance and Administration shall issue regulations providing for the proper allocation of these special funds.
(12) The State Auditor shall establish by regulation procedures for refunds of state assessments, including refunds associated with assessments imposed before July 1, 1990, and refunds after appeals in which the defendant's conviction is reversed. The Auditor shall provide in such regulations for certification of eligibility for refunds and may require the defendant seeking a refund to submit a verified copy of a court order or abstract by which such defendant is entitled to a refund. All refunds of state assessments shall be made in accordance with the procedures established by the Auditor.
SECTION 20. Section 99-39-11, Mississippi Code of 1972, is amended as follows:
99-39-11. (1) The original motion, together with all the files, records, transcripts and correspondence relating to the judgment under attack, shall be examined promptly by the judge to whom it is assigned.
(2) If it plainly appears from the face of the motion, any annexed exhibits and the prior proceedings in the case that the movant is not entitled to any relief, the judge may make an order for its dismissal and cause the petitioner to be notified.
(3) If the motion is not dismissed under subsection (2) of this section, the judge shall order the state to file an answer or other pleading within the period of time fixed by the court or to take such other action as the judge deems appropriate and, in cases in which the petitioner's claim rests on the results of DNA testing of biological evidence, order the testing of the biological evidence.
(4) To facilitate DNA testing of biological evidence, if granted under subsection (3) and if the interests of justice require, the judge may order:
(a) The state to locate and provide the petitioner with any document, note, log or report relating to items of physical evidence collected in connection with the case, or to otherwise assist the petitioner in locating items of biological evidence that the state contends have been lost or destroyed;
(b) The state to take reasonable measures to locate biological evidence that may be in its custody and to prepare an itemized inventory of such evidence;
(c) The state to assist the petitioner in locating evidence that may be in the custody of a public or private hospital, public or private laboratory or other facility;
(d) Both parties to reveal whether any DNA or other biological evidence testing was previously conducted without knowledge of the other party; and
(e) Both parties to produce laboratory reports prepared in connection with DNA testing, as well as the underlying data and the laboratory notes, if evidence had previously been subjected to DNA testing.
(5) If the court orders DNA testing of biological evidence under subsection (3) and evidence for such testing is located in accordance with subsection (4), such testing shall be conducted by a facility mutually agreed upon by the petitioner and the state and approved by the court, or, if the parties cannot agree, the court shall designate the testing facility and provide parties with a reasonable opportunity to be heard on the choice of laboratory issue. The court shall impose reasonable conditions on the testing to protect the parties' interests in the integrity of the evidence and the testing process.
(6) If a state or county * * * forensics laboratory performs DNA
testing of biological evidence under this article, the state shall bear the
costs of such testing upon a finding of the petitioner's indigence.
(7) If testing is performed at a private laboratory, the court may require either the petitioner or the state to pay for the testing, as the interests of justice require.
(8) If the state or county * * * forensics laboratory does not have
the ability or resources to conduct the type of DNA testing to be performed,
the state shall bear the costs of testing at a private laboratory that has such
capabilities.
(9) The court, in its discretion, may make such other orders as may be appropriate in connection with a granting of testing under subsection (3). These include, but are not limited to, designating:
(a) The type of DNA analysis to be used;
(b) The testing procedures to be followed;
(c) The preservation of some portion of the sample for testing replication;
(d) Additional DNA testing, if the results of the initial testing are inconclusive or otherwise merit additional scientific analysis;
(e) The collection and DNA testing of elimination samples from third parties; or
(f) Any combination of these.
(10) The court may order additional testing, paid for in accordance with subsections (6) through (8), upon a showing by the petitioner that the comparison of a DNA profile derived from the biological evidence at the scene of the crime for which he was convicted could, when compared to the DNA profiles in the SDIS or CODIS database systems, provide evidence that raises a reasonable probability that the trier of fact would have come to a different outcome by virtue of that comparison demonstrating the possible guilt of a third party or parties.
(11) This section shall not be applicable where an application for leave to proceed is granted by the Supreme Court under Section 99-39-27.
(12) Proceedings under this section shall be subject to the provisions of Section 99-19-42.
SECTION 21. Section 99-49-1, Mississippi Code of 1972, is amended as follows:
99-49-1. (1) Legislative intent. The Legislature finds that:
(a) The value of properly preserved biological evidence has been enhanced by the discovery of modern DNA testing methods, which, coupled with a comprehensive system of DNA databases that store crime scene and offender profiles, allow law enforcement to improve its crime-solving potential;
(b) Tapping the potential of preserved biological evidence requires the proper identification, collection, preservation, storage, cataloguing and organization of such evidence;
(c) Law enforcement agencies indicate that "cold" case investigations are hindered by an inability to access biological evidence that was collected in connection with criminal investigations;
(d) Innocent people mistakenly convicted of the serious crimes for which biological evidence is probative cannot prove their innocence if such evidence is not accessible for testing in appropriate circumstances;
(e) It is well established that the failure to update policies regarding the preservation of evidence squanders valuable law enforcement resources, manpower hours and storage space; and
(f) Simple but crucial enhancements to protocols for properly preserving biological evidence can solve old crimes, enhance public safety and settle claims of innocence.
(2) Definitions. For the purposes of this section:
(a) "Biological evidence" means the contents of a sexual assault examination kit or any item that contains blood, semen, hair, saliva, skin tissue, fingernail scrapings, bone, bodily fluids or other identifiable biological material that was collected as part of the criminal investigation or may reasonably be used to incriminate or exculpate any person for the offense. This definition applies whether that material is catalogued separately, such as on a slide, swab or in a test tube, or is present on other evidence, including, but not limited to, clothing, ligatures, bedding or other household material, drinking cups, cigarettes or other items.
(b) "DNA" means deoxyribonucleic acid.
(c) "Custody" means persons currently incarcerated; civilly committed; on parole or probation; or subject to sex offender registration for the period of the registration or for the first five (5) years of the registration, whichever is the shorter period.
(d) "Profile" means a unique identifier of an individual, derived from DNA.
(e) "State"
refers to any governmental or public entity within Mississippi, including all
private entities that perform such functions, and its officials or employees,
including, but not limited to, law enforcement agencies, prosecutors' offices,
courts, public hospitals, * * * crime forensics laboratories, and any other entity or
individual charged with the collection, storage or retrieval of biological
evidence.
(3) Preservation of evidence procedures. (a) The state shall preserve all biological evidence:
(i) That is secured in relation to an investigation or prosecution of a crime for the period of time that the crime remains unsolved; or
(ii) That is secured in relation to an investigation or prosecution of a crime for the period of time that the person convicted of that crime remains in custody.
(b) This section applies to evidence that:
(i) Was in the possession of the state during the investigation and prosecution of the case; and
(ii) At the time of conviction was likely to contain biological material.
(c) The state shall not destroy biological evidence should one or more additional co-defendants, convicted of the same crime, remain in custody, and shall preserve the evidence for the period of time in which all co-defendants remain in custody.
(d) The state shall retain evidence in the amount and manner sufficient to develop a DNA profile from the biological material contained in or included on the evidence.
(e) Upon written request by the defendant, the state shall prepare an inventory of biological evidence that has been preserved in connection with the defendant's criminal case.
(f) The state may destroy evidence that includes biological material before the expiration of the time period specified in paragraph (a) of this subsection if all of the following apply:
(i) No other provision of federal or state law requires the state to preserve the evidence.
(ii) The state sends certified delivery of notice of intent to destroy the evidence to:
1. All persons who remain in custody as a result of the criminal conviction, delinquency adjudication, or commitment related to evidence in question;
2. The attorney of record for each person in custody;
3. The Mississippi Office of Indigent Appeals;
4. The district attorney in the county of conviction; and
5. The Mississippi Attorney General.
(iii) No person
who is notified under * * * subparagraph (ii) of this
paragraph (f) does either of the following within sixty (60) days after the
date on which the person received the notice:
1. Files a motion for testing of evidence under Title 99, Chapter 39, Mississippi Code of 1972; or
2. Submits a
written request for retention of evidence to the state entity which provided
notice of its intent to destroy evidence under * * * subparagraph
(ii) of this paragraph (f).
(g) If, after providing notice under paragraph (f)(ii) of this subsection of its intent to destroy evidence, the state receives a written request for retention of the evidence, the state shall retain the evidence while the person remains in custody.
(h) The state shall not be required to preserve physical evidence that is of such a size, bulk or physical character as to render retention impracticable. When such retention is impracticable, the state shall remove and preserve portions of the material evidence likely to contain biological evidence related to the offense, in a quantity sufficient to permit future DNA testing, before returning or disposing of the physical evidence.
(i) Should the state be called upon to produce biological evidence that could not be located and whose preservation was required under the provisions of this statute, the chief evidence custodian assigned to the entity charged with the preservation of said evidence shall provide an affidavit in which the custodian stipulates, under penalty of perjury, an accurate description of the efforts taken to locate that evidence and that the evidence could not be located.
(4) Any evidence in a murder, manslaughter or felony sexual assault case in the possession of the state on July 1, 2009, whether biological or not, shall be preserved by the state consistent with the legislative intent expressed in subsection (1) and subject to compliance with subsection (3)(f).
(5) Remedies for noncompliance. If the court finds that biological evidence was destroyed in violation of the provisions of this section, it may impose appropriate sanctions and order appropriate remedies.
SECTION 22. The Mississippi Forensics Laboratory shall continue to use stationery and other supplies bearing the designation of "Mississippi Crime Laboratory" until depleted, and the name affixed on a building or property shall remain until replacement due to normal wear or other cause.
SECTION 23. This act shall take effect and be in force from and after July 1, 2015.
