| 1 | | - | MISSISSIPPI LEGISLATURE 2025 Regular Session To: Judiciary, Division B By: Senator(s) Hill, Fillingane Senate Bill 2211 (As Sent to Governor) AN ACT TO AMEND SECTION 99-51-3, MISSISSIPPI CODE OF 1972, TO COMPLY WITH REQUIREMENTS TO RECEIVE FEDERAL STOP GRANT FUNDS; TO PROVIDE THAT A VICTIM OF SEXUAL ASSAULT SHALL HAVE THE RIGHT TO BE INFORMED IN WRITING OF POLICIES GOVERNING THE COLLECTION AND PRESERVATION OF A SEXUAL ASSAULT EVIDENCE COLLECTION KIT; TO PROVIDE THAT A VICTIM OF SEXUAL ASSAULT SHALL HAVE THE RIGHT TO BE INFORMED OF THE RIGHTS GRANTED TO THE VICTIM UNDER SECTION 99-51-3(3); TO EXTEND THE PERIOD OF TIME FOR WRITTEN NOTIFICATION TO A VICTIM OF SEXUAL ASSAULT OF A LAW ENFORCEMENT AGENCY'S INTENT TO DESTROY OR DISPOSE OF THE SEXUAL ASSAULT EVIDENCE KIT OR ANY OTHER CRIME SCENE EVIDENCE FROM AN UNSOLVED SEXUAL ASSAULT CASE; TO REQUIRE LICENSED HOSPITALS THAT OPERATE AN EMERGENCY DEPARTMENT TO HAVE AT LEAST ONE PHYSICIAN, ADVANCED PRACTICE REGISTERED NURSE, PHYSICIAN ASSISTANT OR REGISTERED NURSE WHO IS AVAILABLE AT ALL TIMES AND WHO IS ABLE TO CONDUCT FORENSIC EXAMINATIONS OF VICTIMS OF SEXUAL ASSAULT AND PREPARE SEXUAL ASSAULT EVIDENCE COLLECTION KITS FOR THOSE VICTIMS; TO REQUIRE LICENSED HOSPITALS TO SCREEN, TREAT OR EXAMINE VICTIMS OF SEXUAL ASSAULT WHO PRESENT TO A HOSPITAL; TO REQUIRE LICENSED HOSPITALS TO MAINTAIN A SUFFICIENT SUPPLY OF SEXUAL ASSAULT EVIDENCE COLLECTION KITS FOR USE WHEN CONDUCTING FORENSIC EXAMINATIONS OF VICTIMS OF SEXUAL ASSAULT; TO AUTHORIZE LICENSED HOSPITALS TO CONTRACT WITH FORENSIC NURSES TO CONDUCT FORENSIC EXAMINATIONS OF VICTIMS OF SEXUAL ASSAULT AND PREPARE SEXUAL ASSAULT EVIDENCE COLLECTION KITS FOR THE HOSPITAL; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. Section 99-51-3, Mississippi Code of 1972, is amended as follows: 99-51-3. (1) Upon the request of a sexual assault victim or * * * their his or her designee, the law enforcement agency that is investigating the assault of such victim shall inform the victim of the location of the sexual assault evidence kit or other crime scene evidence from the victim's case and the status of the DNA testing of the sexual assault evidence kit or other crime scene evidence from the victim's case. (2) The law enforcement agency shall respond to the victim's request as soon as possible, but no longer than seven (7) calendar days, with either an oral or written communication, or by email, if an email address is available. (3) In addition to the rights provided in the "Mississippi Crime Victims' Bill of Rights," in Sections 99-43-1 through 99-43-101, a victim of sexual assault shall have: (a) The right to be informed by the law enforcement agency handling the case whether a DNA profile of the assailant was obtained from the testing of the sexual assault evidence kit or other crime scene evidence from * * * their his or her case. (b) The right to be informed whether the DNA profile of the assailant developed from the sexual assault evidence kit or other crime scene evidence has been entered into the Mississippi Forensics Laboratory's DNA identification system or CODIS. (c) The right to be informed whether there is a match between the DNA profile of the assailant developed from the rape kit evidence or other crime scene evidence and a DNA profile contained in the Mississippi Forensics Laboratory's DNA identification system, provided that disclosure would not impede or compromise an ongoing investigation. (d) The right to be informed in writing of policies governing the collection and preservation of a sexual assault evidence collection kit. (e) The right to be informed of the rights under this subsection. (4) If the law enforcement agency intends to destroy or dispose of the sexual assault evidence kit or any other crime scene evidence from an unsolved sexual assault case, the victim of the case shall be given written notification by the law enforcement agency of that intention within * * * twenty (20) sixty (60) days. The victim shall be granted further preservation of the kit or its probative contents, upon * * * their his or her request. (5) A law enforcement agency shall not destroy or dispose of the sexual assault evidence kit or any other crime scene evidence from an unsolved sexual assault case before twenty (20) years after the collection of the evidence of the crime or, if the victim was under eighteen (18) years of age at the time of the alleged offense, before the victim is forty (40) years of age. (6) A sexual assault victim may designate a sexual assault victim advocate, or other support person of the victim's choosing, to act as a recipient of the above information required to be provided by this section. (7) For the purpose of receiving notice under this section, the victim or the victim's designee may keep appropriate authorities informed of the name, address, telephone number, and email address of the person to whom the information should be provided, and any changes of the name, address, telephone number, and email address, if an email address is available. (8) A defendant or person accused or convicted of a crime against the victim shall have no standing to object to any failure to comply with this section. The failure to provide a right or notice to a sexual assault victim under this section may not be used by a defendant to seek to have the conviction or sentence set aside. (9) The sole civil or criminal remedy available to a sexual assault victim for a law enforcement agency's failure to fulfill its responsibilities under this section shall be standing to file a writ of mandamus to require compliance with subdivision with the requirements of this chapter. SECTION 2. (1) As used in this section, the terms "sexual assault" and "sexual assault evidence collection kit" have the meanings as defined in Section 99-51-1. (2) Each licensed hospital in the state that operates an emergency department shall be required to have at least one (1) physician, advanced practice registered nurse, physician assistant or registered nurse available at all times who is able to conduct forensic examinations of victims of sexual assault who present themselves or are brought to the emergency department for examination or treatment and prepare sexual assault evidence collection kits for those victims. (3) All licensed hospitals in the state shall screen, treat or examine victims of sexual assault who present to a hospital or are brought to the hospital for examination or treatment. (4) Each licensed hospital in the state shall maintain a sufficient supply of sexual assault evidence collection kits for use when conducting forensic examinations of victims of sexual assault. (5) Any licensed hospital in the state is authorized to contract with forensic nurses to conduct forensic examinations of victims of sexual assault and prepare sexual assault evidence collection kits for the hospital. SECTION 3. This act shall take effect and be in force from and after July 1, 2025. |
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| 1 | + | MISSISSIPPI LEGISLATURE 2025 Regular Session To: Judiciary, Division B By: Senator(s) Hill, Fillingane Senate Bill 2211 (As Passed the Senate) AN ACT TO AMEND SECTION 99-51-3, MISSISSIPPI CODE OF 1972, TO COMPLY WITH REQUIREMENTS TO RECEIVE FEDERAL STOP GRANT FUNDS; TO PROVIDE THAT A VICTIM OF SEXUAL ASSAULT SHALL HAVE THE RIGHT TO BE INFORMED IN WRITING OF POLICIES GOVERNING THE COLLECTION AND PRESERVATION OF A SEXUAL ASSAULT EVIDENCE COLLECTION KIT; TO PROVIDE THAT A VICTIM OF SEXUAL ASSAULT SHALL HAVE THE RIGHT TO BE INFORMED OF THE RIGHTS GRANTED TO THE VICTIM UNDER SECTION 99-51-3(3); TO EXTEND THE PERIOD OF TIME FOR WRITTEN NOTIFICATION TO A VICTIM OF SEXUAL ASSAULT OF A LAW ENFORCEMENT AGENCY'S INTENT TO DESTROY OR DISPOSE OF THE SEXUAL ASSAULT EVIDENCE KIT OR ANY OTHER CRIME SCENE EVIDENCE FROM AN UNSOLVED SEXUAL ASSAULT CASE; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. Section 99-51-3, Mississippi Code of 1972, is amended as follows: 99-51-3. (1) Upon the request of a sexual assault victim or * * * their his or her designee, the law enforcement agency that is investigating the assault of such victim shall inform the victim of the location of the sexual assault evidence kit or other crime scene evidence from the victim's case and the status of the DNA testing of the sexual assault evidence kit or other crime scene evidence from the victim's case. (2) The law enforcement agency shall respond to the victim's request as soon as possible, but no longer than seven (7) calendar days, with either an oral or written communication, or by email, if an email address is available. (3) In addition to the rights provided in the "Mississippi Crime Victims' Bill of Rights," in Sections 99-43-1 through 99-43-101, a victim of sexual assault shall have: (a) The right to be informed by the law enforcement agency handling the case whether a DNA profile of the assailant was obtained from the testing of the sexual assault evidence kit or other crime scene evidence from * * * their his or her case. (b) The right to be informed whether the DNA profile of the assailant developed from the sexual assault evidence kit or other crime scene evidence has been entered into the Mississippi Forensics Laboratory's DNA identification system or CODIS. (c) The right to be informed whether there is a match between the DNA profile of the assailant developed from the rape kit evidence or other crime scene evidence and a DNA profile contained in the Mississippi Forensics Laboratory's DNA identification system, provided that disclosure would not impede or compromise an ongoing investigation. (d) The right to be informed in writing of policies governing the collection and preservation of a sexual assault evidence collection kit. (e) The right to be informed of the rights under this subsection. (4) If the law enforcement agency intends to destroy or dispose of the sexual assault evidence kit or any other crime scene evidence from an unsolved sexual assault case, the victim of the case shall be given written notification by the law enforcement agency of that intention within * * * twenty (20) sixty (60) days. The victim shall be granted further preservation of the kit or its probative contents, upon * * * their his or her request. (5) A law enforcement agency shall not destroy or dispose of the sexual assault evidence kit or any other crime scene evidence from an unsolved sexual assault case before twenty (20) years after the collection of the evidence of the crime or, if the victim was under eighteen (18) years of age at the time of the alleged offense, before the victim is forty (40) years of age. (6) A sexual assault victim may designate a sexual assault victim advocate, or other support person of the victim's choosing, to act as a recipient of the above information required to be provided by this section. (7) For the purpose of receiving notice under this section, the victim or the victim's designee may keep appropriate authorities informed of the name, address, telephone number, and email address of the person to whom the information should be provided, and any changes of the name, address, telephone number, and email address, if an email address is available. (8) A defendant or person accused or convicted of a crime against the victim shall have no standing to object to any failure to comply with this section. The failure to provide a right or notice to a sexual assault victim under this section may not be used by a defendant to seek to have the conviction or sentence set aside. (9) The sole civil or criminal remedy available to a sexual assault victim for a law enforcement agency's failure to fulfill its responsibilities under this section shall be standing to file a writ of mandamus to require compliance with subdivision with the requirements of this chapter. SECTION 2. This act shall take effect and be in force from and after July 1, 2025. |
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| 17 | 17 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: |
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| 18 | 18 | | |
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| 19 | 19 | | SECTION 1. Section 99-51-3, Mississippi Code of 1972, is amended as follows: |
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| 20 | 20 | | |
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| 21 | 21 | | 99-51-3. (1) Upon the request of a sexual assault victim or * * * their his or her designee, the law enforcement agency that is investigating the assault of such victim shall inform the victim of the location of the sexual assault evidence kit or other crime scene evidence from the victim's case and the status of the DNA testing of the sexual assault evidence kit or other crime scene evidence from the victim's case. |
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| 22 | 22 | | |
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| 23 | 23 | | (2) The law enforcement agency shall respond to the victim's request as soon as possible, but no longer than seven (7) calendar days, with either an oral or written communication, or by email, if an email address is available. |
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| 24 | 24 | | |
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| 25 | 25 | | (3) In addition to the rights provided in the "Mississippi Crime Victims' Bill of Rights," in Sections 99-43-1 through 99-43-101, a victim of sexual assault shall have: |
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| 26 | 26 | | |
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| 27 | 27 | | (a) The right to be informed by the law enforcement agency handling the case whether a DNA profile of the assailant was obtained from the testing of the sexual assault evidence kit or other crime scene evidence from * * * their his or her case. |
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| 28 | 28 | | |
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| 29 | 29 | | (b) The right to be informed whether the DNA profile of the assailant developed from the sexual assault evidence kit or other crime scene evidence has been entered into the Mississippi Forensics Laboratory's DNA identification system or CODIS. |
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| 30 | 30 | | |
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| 31 | 31 | | (c) The right to be informed whether there is a match between the DNA profile of the assailant developed from the rape kit evidence or other crime scene evidence and a DNA profile contained in the Mississippi Forensics Laboratory's DNA identification system, provided that disclosure would not impede or compromise an ongoing investigation. |
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| 32 | 32 | | |
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| 33 | 33 | | (d) The right to be informed in writing of policies governing the collection and preservation of a sexual assault evidence collection kit. |
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| 34 | 34 | | |
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| 35 | 35 | | (e) The right to be informed of the rights under this subsection. |
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| 36 | 36 | | |
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| 37 | 37 | | (4) If the law enforcement agency intends to destroy or dispose of the sexual assault evidence kit or any other crime scene evidence from an unsolved sexual assault case, the victim of the case shall be given written notification by the law enforcement agency of that intention within * * * twenty (20) sixty (60) days. The victim shall be granted further preservation of the kit or its probative contents, upon * * * their his or her request. |
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| 38 | 38 | | |
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| 39 | 39 | | (5) A law enforcement agency shall not destroy or dispose of the sexual assault evidence kit or any other crime scene evidence from an unsolved sexual assault case before twenty (20) years after the collection of the evidence of the crime or, if the victim was under eighteen (18) years of age at the time of the alleged offense, before the victim is forty (40) years of age. |
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| 40 | 40 | | |
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| 41 | 41 | | (6) A sexual assault victim may designate a sexual assault victim advocate, or other support person of the victim's choosing, to act as a recipient of the above information required to be provided by this section. |
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| 42 | 42 | | |
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| 43 | 43 | | (7) For the purpose of receiving notice under this section, the victim or the victim's designee may keep appropriate authorities informed of the name, address, telephone number, and email address of the person to whom the information should be provided, and any changes of the name, address, telephone number, and email address, if an email address is available. |
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| 44 | 44 | | |
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| 45 | 45 | | (8) A defendant or person accused or convicted of a crime against the victim shall have no standing to object to any failure to comply with this section. The failure to provide a right or notice to a sexual assault victim under this section may not be used by a defendant to seek to have the conviction or sentence set aside. |
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| 46 | 46 | | |
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| 47 | 47 | | (9) The sole civil or criminal remedy available to a sexual assault victim for a law enforcement agency's failure to fulfill its responsibilities under this section shall be standing to file a writ of mandamus to require compliance with subdivision with the requirements of this chapter. |
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| 48 | 48 | | |
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| 49 | | - | SECTION 2. (1) As used in this section, the terms "sexual assault" and "sexual assault evidence collection kit" have the meanings as defined in Section 99-51-1. |
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| 50 | | - | |
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| 51 | | - | (2) Each licensed hospital in the state that operates an emergency department shall be required to have at least one (1) physician, advanced practice registered nurse, physician assistant or registered nurse available at all times who is able to conduct forensic examinations of victims of sexual assault who present themselves or are brought to the emergency department for examination or treatment and prepare sexual assault evidence collection kits for those victims. |
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| 52 | | - | |
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| 53 | | - | (3) All licensed hospitals in the state shall screen, treat or examine victims of sexual assault who present to a hospital or are brought to the hospital for examination or treatment. |
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| 54 | | - | |
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| 55 | | - | (4) Each licensed hospital in the state shall maintain a sufficient supply of sexual assault evidence collection kits for use when conducting forensic examinations of victims of sexual assault. |
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| 56 | | - | |
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| 57 | | - | (5) Any licensed hospital in the state is authorized to contract with forensic nurses to conduct forensic examinations of victims of sexual assault and prepare sexual assault evidence collection kits for the hospital. |
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| 58 | | - | |
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| 59 | | - | SECTION 3. This act shall take effect and be in force from and after July 1, 2025. |
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| 49 | + | SECTION 2. This act shall take effect and be in force from and after July 1, 2025. |
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