Mississippi 2022 Regular Session

Mississippi Senate Bill SB2231

Introduced
1/17/22  
Refer
1/17/22  

Caption

DNA samples; collected from person arrested for any felony and provide for destruction of samples only upon expungement request.

Impact

A significant aspect of SB2231 is the stipulation that DNA samples should only be destroyed upon an official expungement request by the individual from whom the sample was taken. This means that unless a request is made under specific conditions—such as an acquittal or the charge being dismissed—the DNA information will remain in the state database indefinitely. This could have implications for individuals who are wrongfully arrested or acquitted, as their DNA would still be retained in records without their consent unless action is taken.

Summary

Senate Bill 2231 aims to amend the Mississippi Code regarding the collection and handling of DNA samples from individuals arrested for felonies. The bill specifies that DNA samples must be collected at the time of booking for anyone arrested for any felony offense, thereby expanding the scope of DNA collection beyond violent crimes only. The DNA analysis will be conducted by the Mississippi Forensics Laboratory or another designated authority, and the results will be retained according to federal standards for DNA record maintenance.

Conclusion

Overall, SB2231 seeks to enhance law enforcement's capabilities through comprehensive DNA collection while also raising critical questions about privacy and data management. The effectiveness and ethical implications of the bill will likely prevail in future discussions as the public and lawmakers reflect on the balance between public safety and individual rights.

Contention

The bill has sparked discussions regarding privacy rights and the potential for misuse of DNA data. Opponents may argue that collecting DNA from all felony arrestees infringes on personal privacy and may lead to ethical concerns regarding the retention of this data. Furthermore, the requirement for expungement for destruction of samples could create bureaucratic hurdles for individuals seeking to clear their records. Proponents, however, might highlight the benefits of a robust DNA database for solving crimes and aiding law enforcement.

Companion Bills

No companion bills found.

Previously Filed As

MS HB412

DNA samples; destroy upon request for expungement.

MS SB29

DNA Sampling, Collection, and Analysis; collection of DNA samples of individuals arrested for the commission of a felony at the time such individuals are booked or otherwise processed by a detention facility; provide

MS SB851

Requires every individual who is 17 years or older and is arrested for a felony offense to provide a biological sample for DNA profiling

MS HB2102

DNA collection; felony arrests; expungement

MS SB137

Requiring persons convicted of certain felonies on or after March 8, 1995, provide DNA samples

MS HB940

Voting rights and felony expungement; person may have voting rights restored and certain felony records expunged after five years.

MS HB05904

An Act Requiring The Collection Of A Dna Sample From Persons Arrested For A Felony.

MS SB00615

An Act Requiring Dna Samples Be Taken From Persons Arrested For A Felony.

MS HB06489

An Act Requiring Dna Testing Of Persons Arrested For The Commission Of A Serious Felony.

MS SB1228

Criminal procedure: DNA samples.

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