Bill Text: MS SB2252 | 2016 | Regular Session | Introduced

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Bill Title: Katie's Law; revise how DNA records expunged.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2016-02-23 - Died In Committee [SB2252 Detail]

Download: Mississippi-2016-SB2252-Introduced.html

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MISSISSIPPI LEGISLATURE

2016 Regular Session

To: Judiciary, Division B

By: Senator(s) Browning

Senate Bill 2252

AN ACT TO AMEND SECTION 45-47-1, MISSISSIPPI CODE OF 1972, TO REVISE THE EXPUNCTION OF DNA RECORDS AND DESTRUCTION OF BIOLOGICAL SAMPLES MAINTAINED AND COLLECTED UNDER KATIE'S LAW; 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 Forensic Laboratory or other entity designated by the Department of Public Safety, and the results shall be maintained by the * * *Crime Lab Forensic Laboratory 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 biological sample shall be collected by an individual who is trained in the collection procedures that the * * *Crime Forensic 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:(3)  (a)  Subject to all requirements of this subsection, a person may request that the person's own biological sample and DNA record be expunged if the DNA record is included in the state DNA data bank solely under the authority of this section and if:

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

              (ii)  The arrest that initiated the collection of the biological sample led to a conviction or adjudication of delinquency that has since been reversed and the case dismissed;

              (iii)  The defendant is acquitted at trial or convicted of a lesser-included misdemeanor offense that is not an offense listed in * * *this Section 97-3-2;

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

              ( * * *ivv) * * *  No conviction has occurred,  The request is made at least three (3) years * * *have passed since after the date of the arrest that initiated the collection of the biological sample, and there has been no conviction, 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 there is no active prosecution.

          (b)  The Mississippi Forensic Laboratory shall expunge all DNA records and identifying information in the database pertaining to the person and destroy the person's biological sample unless it is determined that the person has otherwise become obligated to submit a biological sample.

          (c)  A biological sample that could be evidence relating to another person shall not be destroyed.

          (d)  An identification, warrant, probable cause to arrest or arrest that is based on a database match is not invalidated due to a failure to expunge a record or a delay in expunging a record.

     ( * * *34)  (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.

     ( * * *45)  (a)  Any person convicted under subsection ( * * *34)(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 ( * * *34)(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 ( * * *34)(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.

     ( * * *56)  A defendant may file a motion with the court to seek destruction of the DNA sample and deletion of such information from the record under this section.

     ( * * *67)  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.

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