Bill Text: MS SB2693 | 2020 | Regular Session | Engrossed
Bill Title: DNA samples; collected from person arrested for any felony and provide for destruction of samples only upon expungement request.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2020-06-09 - Died In Committee [SB2693 Detail]
Download: Mississippi-2020-SB2693-Engrossed.html
MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Judiciary, Division B
By: Senator(s) Wiggins
Senate Bill 2693
(As Passed the Senate)
AN ACT TO AMEND SECTION 45-47-1, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT DNA SAMPLES SHALL BE COLLECTED FROM PERSONS ARRESTED FOR ANY FELONY AND TO PROVIDE THAT THE DNA SAMPLE SHALL BE DESTROYED ONLY UPON RECEIPT OF AN EXPUNGEMENT REQUEST FROM THE PERSON WHOSE DNA HAS BEEN INCLUDED IN THE STATE DATABASE; 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 * * *
felony shall provide a biological sample for DNA testing to jail or
detention center personnel upon booking. The analysis shall be performed by
the Mississippi Forensics * * * Lab Laboratory or other entity designated by the
Department of Public Safety, and the results shall be maintained by the
Forensics * * *
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 sample shall be collected by an individual who is trained in the collection procedures that the Forensics Laboratory uses.
(b) Upon * * * receipt of an expungement request
from a person whose DNA has been included in the state database in accordance
with this section, the Forensics * * * Laboratory 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 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.
(6) This act shall not take effect unless the Legislature has provided sufficient funds for implementing the provisions of this act, 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, 2020.
