MS SB2891

Creates the Mississippi Post-Conviction DNA Testing Act, establishing a uniform mechanism for prisoners convicted of serious crimes (crimes with maximum sentence of 20+ years or death) to petition the Mississippi Supreme Court for DNA testing of biological evidence to prove actual innocence.

Requires evidence custodians to preserve biological evidence from serious crimes for the duration the crime remains unsolved or the prisoner remains in custody, with exceptions allowing disposal after 90-day notice if no court order or preservation notice is filed.

Sets a one-year filing deadline for DNA testing motions (from July 1, 2010 or after appellate mandate), with exceptions for scientific advances in DNA testing or newly discovered biological evidence, requiring clear and convincing evidence to exceed the deadline.

Mandates that filing a DNA testing motion constitutes consent to provide DNA samples for law enforcement databases and waives any statute of limitations for other felonies identified through DNA comparison, with testing costs borne by the prisoner unless determined indigent (with indigent prisoners reimbursing if results are unfavorable).

Prohibits second or successive motions after denial unless the movant demonstrates scientific advances in forensic DNA testing would provide significantly more probative results, and bars second or successive motions after testing is granted except when previous results were inconclusive.