Administering Entity
Mississippi Crime Laboratory
Recent / Pending Legislation
- HB 377 (2026, enacted) – The Missing Persons Reporting and Identification Act – If there are UHR for more than 45 days, must use FGG to identify – State Medical Examiner office.
- HB 685 (2026, died) – Relating to missing persons and genetic genealogy.
- SB 2111 (2021, died in committee) – Rapid DNA Study.
Arrestees: Yes. Booking Station Rapid Ready.
Qualifying Crimes: Statutorily defined crimes of violence: driving under the influence; murder and attempted murder; aggravated assault; manslaughter; killing of an unborn child; kidnapping; human trafficking; poisoning; rape; robbery; sexual battery; drive-by shooting; bombing; carjacking; felonious neglect, abuse, or battery of a child; burglary of a dwelling; use of explosives or weapons of mass destruction; statutory rape; exploitation of a child; gratification of lust; shooting into a dwelling; and any felony carrying a maximum sentence of at least 5 years that the judge classifies as a crime of force because the facts show the defendant used, or credibly attempted or threatened, physical force against another person during the criminal act. Also covered: sex offenses, and any conviction carrying a duty to register as a sex offender.
Time of Collection: Collected at booking.
Expungement: On motion, or on the court’s own initiative (sua sponte), the court may direct the Forensics Laboratory to destroy the sample and delete all database records where: (i) the underlying charge is dismissed; (ii) the defendant is acquitted at trial or convicted only of a lesser-included misdemeanor that is not a qualifying offense (§ 45-47-1(2)(b)(ii)); (iii) no charge was filed within the statute of limitations; or (iv) no conviction has occurred, three years have passed since the arrest, and there is no active prosecution. In each case, destruction requires that no other pending qualifying warrant, capias, or felony conviction demands retention (§ 45-47-1(2)(b)).
Statutes / Case Law
Miss. Code § 45-33-37 DNA Identification System; Convicted Sex Offender to Submit Biological Sample for Purposes of DNA Identification Analysis.
Miss. Code § 45-47-1 DNA samples to be collected from persons arrested for commission or attempted commission of certain crimes of violence; destruction of sample; penalties for obtaining, receiving or disseminating information in DNA data bank without authority.
§ 47-5-183 Department of Corrections may create a postconviction DNA database.
§ 97-3-2 Crimes of Violence Defined.
Convicted Offender: Yes.
Qualifying Crimes: Every person convicted of a sex offense, or in Mississippi Department of Corrections custody for one, plus the statutorily defined crimes of violence: driving under the influence; murder and attempted murder; aggravated assault; manslaughter; killing of an unborn child; kidnapping; human trafficking; poisoning; rape; robbery; sexual battery; drive-by shooting; bombing; carjacking; felonious neglect, abuse, or battery of a child; burglary of a dwelling; use of explosives or weapons of mass destruction; statutory rape; exploitation of a child; gratification of lust; shooting into a dwelling; and any felony with a maximum sentence of at least 5 years that the judge classifies as a crime of force based on the defendant’s use, or credible attempt or threat, of physical force. MDOC is also authorized to take a DNA sample from every person convicted of a felony or in its custody, before release from or transfer to a state correctional facility, county jail, or other detention facility.
Time of Collection: At booking. For sex-offense convictions: before release from, or transfer to, a state correctional facility, county jail, or other detention facility. For registered sex offenders without a DNA analysis on file: within 5 working days after registration.
Expungement: On motion or sua sponte (on the court’s own initiative), the court may direct the Forensics Laboratory to destroy the sample and delete all database records where: (i) the underlying charge is dismissed; (ii) the defendant is acquitted or convicted only of a lesser-included misdemeanor that is not a qualifying offense (§ 45-47-1(2)(b)(ii)); (iii) no charge was filed within the statute of limitations; or (iv) no conviction occurs and three years have passed since the date of the arrest and there is no active prosecution.
Statutes / Case Law
Miss. Code Ann. § 45-33-37. DNA identification system; convicted sex offender to provide a biological sample for purposes of DNA identification analysis
Miss. Code Ann. § 45-47-1 DNA samples to be collected from persons arrested for commission of attempted commission of certain crimes of violence, destruction of sample; penalties for obtaining receiving or disseminating information in DNA data bank without authority
Miss. Code Ann. § 47-5-183 Department of Corrections may create a postconviction DNA database
Miss. Code Ann. § 97-3-2 Crimes of Violence defined
Legislative History
SB 2797 2000 ch. 499 Created § 45-33-37; DNA system; blood sample mandate
SB 2986 (CS) 2001 ch. 500 “Blood” & “biological sample”; added 5-day registrant requirement
SB 2865 2006 ch. 563 Added CODIS participation; good-faith clause
SB 2159 2015 ch. 452 Renamed lab to Mississippi Forensics Laboratory
No program or law found.
In 2026, the State Legislature passed a law (HB 377) which requires (with no allowance for discretion) a Medical Examiner to conduct Forensic Genetic Genealogy testing and investigation if unidentified human remains have been in its possession for 45 days or more.
No program or law found.
- SB 2789 (2026, died) – DNA Match Notification Act