Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 51 - SEXUAL ASSAULT EVIDENCE (§§ 99-51-1 — 99-51-3) › Section 99-51-1 - Definitions; processing of sexual assault evidence collection kits; timing of testing

(1)
The following words shall have the meanings described in this chapter:
(a)
"Law enforcement" means the law enforcement agency with the primary responsibility for investigating an alleged sexual assault.
(b)
"Medical facility" means any state, local, tribal, community, free, nonprofit, academic, or private doctor's office, hospital, or medical clinic equipped to perform forensic medical examinations and prepare sexual assault evidence kits.
(c)
"Reported kit" means a sexual assault evidence kit in which the survivor has consented to participate in the criminal justice process through reporting the crime to law enforcement.
(d)
"Sexual assault" means rape as defined in Section
97-3-71
, sexual battery as defined in Section
97-3-95
and sexual penetration as defined in Section
97-3-97
.
(e)
"Sexual assault evidence collection kit" means a sexual assault or rape kit developed by the Mississippi chapter of the International Association of Forensic Nurses (IAFN) and approved by the Sexual Assault Evidence Accountability Task Force.
(f)
"Sexual Assault Nurse Examiner" means a registered nurse or advanced practice nurse, with a minimum of one (1) year of experience in areas of practice that require advanced physical assessment skills, such as emergency, critical care and maternal child health, who has completed sexual assault nurse examiner (SANE) training consistent with IAFN SANE Education Guidelines that consists of both classroom and clinical components.
(g)
"Unreported kit" means a sexual assault evidence kit in which the survivor consented to the evidence collection, but has not consented to participate in the criminal justice process by reporting the crime to law enforcement - meaning they are not seeking to have their kit tested.
(2)
Sexual assault evidence collection kits shall be processed in the following manner:
(a)
Any medical facility that conducts a medical forensic examination and/or prepares a sexual assault evidence collection kit shall immediately, but no longer than four (4) hours after the finalization of examination, contact the appropriate law enforcement agency to collect the kit. Until the kit is retrieved by law enforcement, the medical facility shall store the kit in a refrigerated manner in conformity with the Scientific Working Group for DNA Analysis Method.
(b)
When a law enforcement agency is contacted to collect a sexual assault evidence kit, the law enforcement agency shall take possession of the kit from the medical facility within twenty-four (24) hours. Upon taking physical possession of the sexual assault evidence collection kit, the law enforcement agency shall transport the kit in a manner that preserves the evidence in the kit. The agency shall:
(i)
store the kit in a secure, refrigerated location in the agency no more than two (2) hours after taking physical possession of the kit; or
(ii)
transport the kit directly to the Mississippi Forensics Laboratory.
(c)
All kits must be delivered to the Mississippi Forensics Laboratory no later than seven (7) calendar days from the date the law enforcement agency took physical possession of the kit.
(d)
A law enforcement agency that receives a sexual assault collection kit from a healthcare provider that relates to a report of a sexual assault that occurred outside the jurisdiction of that law enforcement agency shall have the sexual assault collection kit delivered to the law enforcement agency having jurisdiction within ten (10) days of learning that the other law enforcement agency has jurisdiction.
(3)
(a)
The Mississippi Forensics Laboratory shall test sexual assault evidence collection kits within sixty (60) days of receipt from a law enforcement agency. Forensic DNA testing shall be performed according to laboratory methods that determine the presence of DNA suitable for STR analysis. Any autosomal, CODIS eligible DNA profile shall be entered into the Combined DNA Index System (CODIS) or equivalency thereof and state or local DNA database. If the Mississippi Forensics Laboratory is unable to determine DNA present, other than the victim's DNA, in the sexual assault evidence collection kit, the laboratory should evaluate the case, when suitable, to determine if any other DNA results could be used for investigative purposes.
(b)
When forensic laboratory testing does result in a DNA profile foreign to the victim, the Mississippi Forensics Laboratory should enter the foreign DNA profile into the Combined DNA Index System (CODIS) or equivalency thereof and any other required state or local DNA databases. The average completion rate for this analysis and classification should not exceed ninety (90) days.
(c)
The Mississippi Forensics Laboratory is authorized to contract with other laboratories to ensure that each kit is tested and the information from such kit is entered into CODIS, when applicable, within the time frames required by this subsection.
Added by Laws, 2023, ch. 478, HB 485,§ 1, eff. 12/1/2023.