Senate Bill 2546 Summary

• Establishes the "Mississippi Post-Conviction DNA Testing Act" as an exclusive mechanism for prisoners convicted of serious crimes to request DNA testing of biological evidence to prove actual innocence.

• Requires custodians of evidence to preserve all biological evidence related to serious crimes for the duration that the crime remains unsolved or the prisoner remains incarcerated, with limited exceptions for impracticable retention.

• Sets a one-year filing deadline (from July 1, 2011 or date of appellate mandate) for DNA testing motions, with exceptions for new scientific advances or newly discovered evidence demonstrated by clear and convincing evidence.

• Provides that filing a motion constitutes consent to DNA testing, waiver of statute of limitations for any other felonies identified through DNA databases, and allows test results to be entered into law enforcement databases.

• Allocates testing costs to indigent movants through the state; requires movants to reimburse the state if DNA results are unfavorable, and specifies that test results be reported to the Mississippi Attorney General, district attorney, and Department of Corrections.