Mississippi 2023 Regular Session Status: Passed House

HB 412 — DNA samples; destroy upon request for expungement.

Last action — Died In Committee

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

20 added · 21 removed

Plain-language change summary

The amendment to Bill HB 412 simplifies the language around the requirement for individuals charged with felonies to provide DNA samples upon booking. Specifically, it removes the reference to the legal definition of a felony, making the requirement clearer and more straightforward. This change matters because it could streamline the process of DNA collection, helping law enforcement to efficiently gather critical evidence while ensuring adherence to federal protocols. Additionally, it maintains the right for defendants to request the destruction of their DNA samples, which continues to protect individual privacy rights.

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Judiciary B COMMITTEE SUBSTITUTE FOR HOUSE BILL NO.
Judiciary B HOUSE BILL NO.
412 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;
412 (As Passed the House) 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;
412 *HR26/R1127CS* ~ OFFICIAL ~ G1/2 23/HR26/R1127CS PAGE 1 (GT\KW) (2) (a) A DNA sample shall be collected by an individual who is trained in the collection procedures that the Mississippi Forensics Laboratory uses.
412 *HR26/R1127PH* ~ OFFICIAL ~ G1/2 23/HR26/R1127PH PAGE 1 (GT\KW) (2) (a) A DNA sample shall be collected by an individual who is trained in the collection procedures that the Mississippi Forensics Laboratory uses.
412 *HR26/R1127CS* ~ OFFICIAL ~ 23/HR26/R1127CS PAGE 2(GT\KW) (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.
412 *HR26/R1127PH* ~ OFFICIAL ~ 23/HR26/R1127PH PAGE 2(GT\KW) (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.
412 *HR26/R1127CS* ~ OFFICIAL ~ 23/HR26/R1127CS PAGE 3(GT\KW) 99-49-1.
412 *HR26/R1127PH* ~ OFFICIAL ~ 23/HR26/R1127PH PAGE 3(GT\KW) 99-49-1.
412 *HR26/R1127CS* ~ OFFICIAL ~ 23/HR26/R1127CS PAGE 4(GT\KW) (2) Definitions.
412 *HR26/R1127PH* ~ OFFICIAL ~ 23/HR26/R1127PH PAGE 4(GT\KW) (2) Definitions.
412 *HR26/R1127CS* ~ OFFICIAL ~ 23/HR26/R1127CS PAGE 5(GT\KW) entity or individual charged with the collection, storage or retrieval of biological evidence.
412 *HR26/R1127PH* ~ OFFICIAL ~ 23/HR26/R1127PH PAGE 5(GT\KW) entity or individual charged with the collection, storage or retrieval of biological evidence.
412 *HR26/R1127CS* ~ OFFICIAL ~ 23/HR26/R1127CS PAGE 6(GT\KW) (f) The state may destroy evidence that includes biological material before the expiration of the time period as provided in Section 45-47-1 or as specified in paragraph (a) of this subsection if all of the following apply:
412 *HR26/R1127PH* ~ OFFICIAL ~ 23/HR26/R1127PH PAGE 6(GT\KW) (f) The state may destroy evidence that includes biological material before the expiration of the time period as provided in Section 45-47-1 or as specified in paragraph (a) of this subsection if all of the following apply:
412 *HR26/R1127CS* ~ OFFICIAL ~ 23/HR26/R1127CS PAGE 7(GT\KW) 2.
412 *HR26/R1127PH* ~ OFFICIAL ~ 23/HR26/R1127PH PAGE 7(GT\KW) 2.
412 *HR26/R1127CS* ~ OFFICIAL ~ 23/HR26/R1127CS PAGE 8(GT\KW) (4) This section does not require the state to preserve the biological evidence that is obtained in performing the test required by Section 99-3-41 and is required to be destroyed under that section.
412 *HR26/R1127PH* ~ OFFICIAL ~ 23/HR26/R1127PH PAGE 8(GT\KW) (4) This section does not require the state to preserve the biological evidence that is obtained in performing the test required by Section 99-3-41 and is required to be destroyed under that section.
This act shall take effect and be in force from and after July 1, 2023.
This act shall take effect and be in force from and after July 1, 2023, and shall stand repealed on June 30, 2023.
412 *HR26/R1127CS* ~ OFFICIAL ~ 23/HR26/R1127CS ST:
412 *HR26/R1127PH* ~ OFFICIAL ~ 23/HR26/R1127PH ST:
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Amendments

1 amendment

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Action History

  1. Died In Committee

  2. Referred To Judiciary, Division B

  3. Transmitted To Senate

  4. Passed As Amended

  5. Amended

  6. Committee Substitute Adopted

  7. Title Suff Do Pass Comm Sub

  8. Referred To Judiciary B

Sponsors

  • Bain · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 174 not signed on · 31 voted No

Sponsors (1)

  • Bain

Co-sponsors (0)

None.

Not signed on (174)

174 members have not signed on to this bill.

Show all 174 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passage as Amended

Passed 68 Yea · 44 Nay · 7 Other
Party YeaNayPresentNot Voting
Republican 451002
Unaffiliated 161302
Democrat 52103
Independent 2000
Total 684407
% of votes cast 57%37%0%6%
How each member voted (119)
Member Party Vote
Bain — Yea
Blackmon — Yea
Boyd (37th) — Yea
Busby — Yea
Clarke — Yea
Darnell — Yea
Gibbs — Yea
Goodin — Yea
Jackson — Yea
Lancaster — Yea
McLeod — Yea
Miles — Yea
Patterson — Yea
Reynolds — Yea
Robinson — Yea
Weathersby — Yea
Bailey — Nay
Barnett — Nay
Bomgar — Nay
Boyd (19th) — Nay
Criswell — Nay
Hopkins — Nay
Johnson — Nay
Stamps — Nay
Straughter — Nay
Thompson — Nay
Walker — Nay
Williamson — Nay
Young — Nay
Huddleston — Not Voting
Paden — Not Voting
Bo Brown Democrat Nay
Bo Brown Democrat Not Voting
Bob Evans Democrat Yea
Bob Evans Democrat Nay
Bryant W. Clark Democrat Nay
Carl Mickens Democrat Yea
Cedric Burnett Democrat Yea
Cheikh Taylor Democrat Nay
Christopher M. Bell Democrat Nay
Daryl Porter Democrat Yea
Earle S. Banks Democrat Nay
Gregory Holloway, Sr. Democrat Not Voting
Hester Jackson McCray Democrat Nay
Jeffery Harness Democrat Nay
Jeffrey Hulum III Democrat Nay
Jeramey Anderson Democrat Nay
John G. Faulkner Democrat Not Voting
John W. Hines, Sr. Democrat Nay
Kabir Karriem Democrat Nay
Omeria Scott Democrat Nay
Oscar Denton Democrat Nay
Otis Anthony Democrat Nay
Percy W. Watson Democrat Nay
Robert L. Sanders Democrat Nay
Ronnie C. Crudup Democrat Nay
Solomon C. Osborne Democrat Nay
Stephanie Foster Democrat Nay
Tracey T. Rosebud Democrat Yea
Zakiya Summers Democrat Nay
Angela Cockerham Independent Yea
Shanda Yates Independent Yea
Becky Currie Republican Yea
Bill Kinkade Republican Yea
Bill Pigott Republican Nay
Billy Adam Calvert Republican Yea
Brent Anderson Republican Yea
Brent Powell Republican Yea
C. Scott Bounds Republican Yea
Carolyn Crawford Republican Nay
Casey Eure Republican Yea
Clay Deweese Republican Yea
Dan Eubanks Republican Nay
Dana McLean Republican Nay
Donnie Bell Republican Yea
Donnie Scoggin Republican Yea
Fred Shanks Republican Yea
Gene Newman Republican Yea
Greg Haney Republican Yea
Henry Zuber III Republican Yea
Jansen Owen Republican Nay
Jason White Republican Yea
Jay McKnight Republican Yea
Jeff Hale Republican Yea
Jeffrey S. Guice Republican Yea
Jerry R. Turner Republican Yea
Jill Ford Republican Nay
Jody Steverson Republican Yea
Joey Hood Republican Yea
John Read Republican Yea
John Thomas "Trey" Lamar, III Republican Not Voting
Joseph Tubb Republican Yea
Karl Oliver Republican Yea
Ken Morgan Republican Nay
Kent McCarty Republican Not Voting
Kevin Felsher Republican Yea
Kevin Ford Republican Yea
Kevin Horan Republican Yea
Larry Byrd Republican Nay
Lee Yancey Republican Yea
Lester Carpenter Republican Yea
Manly Barton Republican Yea
Mark Tullos Republican Yea
Missy McGee Republican Yea
Noah Sanford Republican Yea
Price Wallace Republican Yea
Randy Rushing Republican Yea
Richard Bennett Republican Yea
Rob Roberson Republican Yea
Sam C. Mims, V Republican Yea
Sam Creekmore IV Republican Yea
Shane Aguirre Republican Yea
Stacey Hobgood-Wilkes Republican Nay
Stephen A. Horne Republican Yea
Steve Massengill Republican Yea
Timmy Ladner Republican Nay
Troy Smith Republican Yea
Vince Mangold Republican Yea
William Tracy Arnold Republican Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

Who sponsors HB 412?
HB 412 is sponsored by Bain.
What is the current status of HB 412?
This bill died with 2023 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 412?
Track HB 412 free on One Click Politics — get push/email alerts when it moves.

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