MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Judiciary B
By: Representative Moak
AN ACT TO CREATE NEW CODE SECTION 43-47-6, MISSISSIPPI CODE OF 1972, TO PROHIBIT ANY PERSON REQUIRED TO BE REGISTERED FOR ABUSE OF A VULNERABLE PERSON, FROM BEING EMPLOYED BY A CARE FACILITY, ESSENTIAL SERVICES PROVIDER OR AS A CARETAKER OF VULNERABLE PERSONS; TO PROVIDE PENALTIES AND FINES FOR VIOLATIONS OF THIS PROHIBITION; TO AMEND SECTION 43-47-37, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT ANY JUDICIAL DETERMINATION OF ABUSE OF A VULNERABLE PERSON SHALL BE REPORTED TO THE CENTRAL REGISTRY; TO AMEND SECTIONS 45-33-21, 45-33-23, 45-33-35 AND 45-33-28, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY PERSON WHO HAS BEEN CONVICTED OF ABUSE, NEGLECT OR EXPLOITATION OF A VULNERABLE PERSON SHALL BE REQUIRED TO REGISTER AS AN OFFENDER AND SHALL NOTIFY ANY ORGANIZATION FOR WHICH THE PERSON VOLUNTEERS OF ALL SUCH CONVICTIONS; TO AMEND SECTIONS 45-33-31, 45-33-33, 45-33-36, 45-33-39, 45-33-41, 45-33-47, 45-33-49, 45-33-51 AND 45-33-55, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTIONS; TO BRING FORWARD SECTION 45-33-32, MISSISSIPPI CODE OF 1972, WHICH REQUIRES ANY PERSON CONVICTED OF A SEX OFFENSE TO PROVIDE WRITTEN NOTIFICATION OF SUCH OFFENSE TO ANY ORGANIZATION FOR WHICH THE PERSON VOLUNTEERS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This section shall be codified as Section 43-47-6, Mississippi Code of 1972:
43-47-6. (1) (a) Any care facility or essential services provider that provides services to a vulnerable person shall not employ, contract or accept volunteers from any person who is registered as an offender under Section 45-33-25, or who has been convicted under Sections 43-47-18 and 43-47-19.
(b) Any care facility or essential services provider who violates this section shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than Twenty-five Thousand Dollars ($25,000.00) for each violation.
(2) Any person who is required to register under Section 45-33-35 shall not serve as a "caretaker" or in any manner provide services to a vulnerable person.
SECTION 2. Section 43-47-37, Mississippi Code of 1972, is amended as follows:
43-47-37. (1) Any person who, within the scope of his employment at a care facility as defined in Section 43-47-5(b), or in his professional or personal capacity, has knowledge of or reasonable cause to believe that any patient or resident of a care facility has been the victim of abuse, neglect or exploitation shall report immediately the abuse, neglect or exploitation.
(2) The reporting of conduct as required by subsection (1) of this section shall be made:
(a) By any employee of any home health agency, orally or telephonically, within twenty-four (24) hours of discovery, excluding Saturdays, Sundays and legal holidays, to the department and the Medicaid Fraud Control Unit of the Attorney General's office.
(b) By a home health agency, in writing within seventy-two (72) hours of discovery to the department and the Medicaid Fraud Control Unit. Upon initial review, the Medicaid Fraud Control Unit shall make a determination whether or not the person suspected of committing the reported abuse, neglect or exploitation was an employee of the home health agency. If so, the Medicaid Fraud Control Unit shall determine whether there is substantial potential for criminal prosecution, and upon a positive determination, shall investigate and prosecute the complaint or refer it to an appropriate criminal investigative or prosecutive authority. If the alleged perpetrator is not an employee of the home health agency, the department shall investigate and process the complaint or refer it to an appropriate investigative or prosecutive authority.
(c) By all other care facilities, orally or telephonically, within twenty-four (24) hours of discovery, excluding Saturdays, Sundays and legal holidays, to the State Department of Health and the Medicaid Fraud Control Unit of the Attorney General's office.
(d) By all other care facilities, in writing, within seventy-two (72) hours of the discovery, to the State Department of Health and the Medicaid Fraud Control Unit. If, upon initial review by the State Department of Health and the Medicaid Fraud Control Unit, a determination is made that there is substantial potential for criminal prosecution, the unit will investigate and prosecute the complaint or refer it to an appropriate criminal investigative or prosecutive authority.
(3) The contents of the reports required by subsections (1) and (2) of this section shall contain the following information unless the information is unobtainable by the person reporting:
(a) The name, address, telephone number, occupation and employer's address and telephone number of the person reporting;
(b) The name and address of the patient or resident who is believed to be the victim of abuse or exploitation;
(c) The details, observations and beliefs concerning the incident;
(d) Any statements relating to the incident made by the patient or resident;
(e) The date, time and place of the incident;
(f) The name of any individual(s) believed to have knowledge of the incident;
(g) The name of the individual(s) believed to be responsible for the incident and their connection to the patient or resident; and
(h) Such other information that may be required by the State Department of Health and/or the Medicaid Fraud Control Unit, as requested.
(4) Any other individual who has knowledge of or reasonable cause to believe that any patient or resident of a care facility has been the victim of abuse, exploitation or any other criminal offense may make a report to the State Department of Health and the Medicaid Fraud Control Unit.
(5) (a) Any individual who, in good faith, makes a report as provided in this section or who testifies in an official proceeding regarding matters arising out of this section shall be immune from all criminal and civil liability. The immunity granted under this subsection shall not apply to any suspect or perpetrator of abuse, neglect or exploitation of any vulnerable person, or of any other criminal act under any statute of this state or municipal ordinance defining any act as a crime or misdemeanor.
(b) No person shall terminate from employment, demote, reject for promotion or otherwise sanction, punish or retaliate against any individual who, in good faith, makes a report as provided in this section or who testifies in any official proceeding regarding matters arising out of this section.
(6) Any care facility that complies in good faith with the requirements of this section to report the abuse or exploitation of a patient or resident in the care facility shall not be sanctioned by the State Department of Health for the occurrence of such abuse or exploitation if the care facility demonstrates that it adequately trained its employees and that the abuse or exploitation was caused by factors beyond the control of the care facility.
(7) Every person who knowingly fails to make the report as required by subsections (1), (2) and (3) of this section or attempts to induce another, by threat or otherwise, to fail to make a report as required by subsections (1), (2) and (3) of this section shall, upon conviction, be guilty of a misdemeanor and shall be punished by a fine of not exceeding Five Hundred Dollars ($500.00), or by imprisonment in the county jail for not more than six (6) months, or both such fine and imprisonment.
(8) Copies of Sections 43-47-7 and 43-47-37 shall be posted prominently in every health care facility.
(9) If, after initial inquiry or investigation, the Medicaid Fraud Control Unit determines that there is reasonable cause to believe that an employee of a home health agency has abused, neglected or exploited a vulnerable person, the unit shall notify the Mississippi State Department of Health of the alleged abuse, neglect or exploitation.
(10) Upon a judicial determination of evidence that an employee of a care facility has abused, neglected or exploited a vulnerable person, the appropriate investigative agency shall immediately provide the following information to the central registry authorized in Section 43-33-35: name, address, birth date, social security number of the perpetrator; type of abuse, neglect and/or exploitation; name, address, birth date, social security number of the victim; and date of the incident and report.
SECTION 3. Section 45-33-21, Mississippi Code of 1972, is amended as follows:
45-33-21. The Legislature
finds that the danger of recidivism posed by criminal sex offenders and those
who abuse vulnerable persons and the protection of the public from these
offenders is of paramount concern and interest to government. The Legislature
further finds that law enforcement agencies' efforts to protect their
communities, conduct investigations and quickly apprehend criminal sex
offenders and those who abuse vulnerable persons are impaired by the
lack of information shared with the public, which lack of information may
result in the failure of the criminal justice system to identify, investigate,
apprehend and prosecute * * *criminal sex such offenders.
The Legislature further
finds that the system of registering criminal sex offenders and those who
abuse vulnerable persons is a proper exercise of the state's police power
regulating present and ongoing conduct. Comprehensive registration and periodic
address verification will provide law enforcement with additional information
critical to preventing * * *
such victimization and to resolving promptly incidents involving sexual
abuse and exploitation. It will allow law enforcement agencies to alert the
public when necessary for the continued protection of the community.
Persons found to have
committed * * *
such offenses have a reduced expectation of privacy because of
the public's interest in safety and in the effective operation of government.
In balancing offenders' due process and other rights, and the interests of
public security, the Legislature finds that releasing such information about * * * these offenders to the
general public will further the primary governmental interest of protecting
vulnerable populations and, in some instances, the public * * * from potential harm.
Therefore, the state's
policy is to assist local law enforcement agencies' efforts to protect their
communities by requiring criminal sex offenders and those who abuse
vulnerable persons to register, to record their addresses of residence, to
be photographed and fingerprinted, and to authorize the release of necessary
and relevant information about * * * such offenders to the
public as provided in this chapter, which may be referred to as the Mississippi
Sex Offenders and Vulnerable Person Abuse Registration Law.
SECTION 4. Section 45-33-23, Mississippi Code of 1972, is amended as follows:
45-33-23. For the purposes of this chapter, the following words shall have the meanings ascribed herein unless the context clearly requires otherwise:
(a) "Conviction" means that, regarding the person's offense, there has been a determination or judgment of guilt as a result of a trial or the entry of a plea of guilty or nolo contendere regardless of whether adjudication is withheld. "Conviction of similar offenses" includes, but is not limited to, a conviction by a federal or military tribunal, including a court-martial conducted by the Armed Forces of the United States, a conviction for an offense committed on an Indian Reservation or other federal property, a conviction in any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Northern Marianna Islands or the United States Virgin Islands, and a conviction in a foreign country if the foreign country's judicial system is such that it satisfies minimum due process set forth in the guidelines under Section 111(5)(B) Public Law 109-248.
(b) "Department" means the Mississippi Department of Public Safety unless otherwise specified.
(c) "Jurisdiction" means any court or locality including any state court, federal court, military court, Indian tribunal or foreign court, the fifty (50) states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Northern Marianna Islands or the United States Virgin Islands, and Indian tribes that elect to function as registration jurisdictions under Title 1, SORNA Section 127 of the Adam Walsh Child Safety Act.
(d) "Permanent residence" means a place where the person abides, lodges, or resides for a period of fourteen (14) or more consecutive days.
(e) "Registration" means providing information to the appropriate agency within the time frame specified as required by this chapter.
(f) "Registration duties" means obtaining the registration information required on the form specified by the department as well as the photograph, fingerprints and biological sample of the registrant. Biological samples are to be forwarded to the State Crime Laboratory pursuant to Section 45-33-37; the photograph, fingerprints and other registration information are to be forwarded to the Department of Public Safety immediately.
(g) "Responsible agency" is defined as the person or government entity whose duty it is to obtain information from a criminal sex offender upon conviction and to transmit that information to the Mississippi Department of Public Safety.
(i) For a criminal sex offender being released from the custody of the Department of Corrections, the responsible agency is the Department of Corrections.
(ii) For a criminal sex offender being released from a county jail, the responsible agency is the sheriff of that county.
(iii) For a criminal sex offender being released from a municipal jail, the responsible agency is the police department of that municipality.
(iv) For a sex offender in the custody of the youth court, the responsible agency is the youth court.
(v) For a criminal sex offender who is being placed on probation, including conditional discharge or unconditional discharge, without any sentence of incarceration, the responsible agency is the sentencing court.
(vi) For an offender who has been committed to a mental institution following an acquittal by reason of insanity, the responsible agency is the facility from which the offender is released. Specifically, the director of the facility shall notify the Department of Public Safety before the offender's release.
(vii) For a criminal sex offender and a person who has abused a vulnerable person who is being released from a jurisdiction outside this state or who has a prior conviction in another jurisdiction and who is to reside, work or attend school in this state, the responsible agency is both the sheriff of the proposed county of residence and the department.
(h) "Sex offense" or "registrable offense" means any of the following offenses:
(i) Section 97-3-53 relating to kidnapping, if the victim was below the age of eighteen (18);
(ii) Section 97-3-65 relating to rape; however, conviction or adjudication under Section 97-3-65(1)(a) when the offender was eighteen (18) years of age or younger at the time of the alleged offense, shall not be a registrable sex offense;
(iii) Section 97-3-71 relating to rape and assault with intent to ravish;
(iv) Section 97-3-95 relating to sexual battery; however, conviction or adjudication under Section 97-3-95(1)(c) when the offender was eighteen (18) years of age or younger at the time of the alleged offense, shall not be a registrable sex offense;
(v) Section 97-5-5 relating to enticing a child for concealment, prostitution or marriage;
(vi) Section 97-5-23 relating to the touching of a child, mentally defective or incapacitated person or physically helpless person for lustful purposes;
(vii) Section 97-5-27 relating to the dissemination of sexually oriented material to children;
(viii) Section 97-5-33 relating to the exploitation of children;
(ix) Section 97-5-41 relating to the carnal knowledge of a stepchild, adopted child or child of a cohabiting partner;
(x) Section 97-29-3 relating to sexual intercourse between teacher and student;
(xi) Section 97-29-59 relating to unnatural intercourse;
(xii) Section 43-47-18 relating to sexual abuse of a vulnerable person;
(xiii) Section 97-3-54.1(1)(c) relating to procuring sexual servitude of a minor and Section 97-3-54.3 relating to aiding, abetting or conspiring to violate Section 97-3-54.1(1)(c);
(xiv) Section 97-29-61(2) relating to voyeurism when the victim is a child under sixteen (16) years of age;
(xv) Section 97-29-63 relating to filming another without permission where there is an expectation of privacy;
(xvi) Section 97-29-45(1)(a) relating to obscene electronic communication;
(xvii) Section 97-3-104 relating to the crime of sexual activity between law enforcement, correctional or custodial personnel and prisoners;
(xviii) Section 97-5-39(1)(e) relating to contributing to the neglect or delinquency of a child, felonious abuse or battery of a child, if the victim was sexually abused;
(xix) Section 97-1-7 relating to attempt to commit any of the above-referenced offenses;
(xx) Any other offense resulting in a conviction in another jurisdiction which, if committed in this state, would be deemed to be such a crime without regard to its designation elsewhere;
(xxi) Any offense resulting in a conviction in another jurisdiction for which registration is required in the jurisdiction where the conviction was had;
(xxii) Any conviction of conspiracy to commit, accessory to commission, or attempt to commit any offense listed in this section;
(xxiii) Capital
murder when one (1) of the above-described offenses is the underlying crime * * *
; and
(xxiv) Abuse of a vulnerable person as defined by Sections 43-47-5, 43-47-18 and 43-47-19.
(i) "Temporary residence" is defined as any place where the person abides, lodges, or resides for a period of seven (7) or more consecutive days which is not the person's permanent residence.
SECTION 5. Section 45-33-35, Mississippi Code of 1972, is amended as follows:
45-33-35. (1) The Mississippi Department of Public Safety shall maintain a central registry of sex offender information as defined in Section 45-33-25 and of persons who have abused, neglected or exploited a vulnerable person as provided in Section 43-47-37 shall adopt rules and regulations necessary to carry out this section. The responsible agencies shall provide the information required in Section 45-33-25 and 43-47-37(10) on a form developed by the department to ensure accurate information is maintained.
(2) Upon conviction,
adjudication or acquittal by reason of insanity of any * * * offender described in subsection (1) of
this section, if the * * *sex offender is not immediately confined or not sentenced to a
term of imprisonment, the clerk of the court which convicted and sentenced the * * * offender shall inform the person of the
duty to register, including the duty to personally appear at a Department of
Public Safety Driver's License Station, and shall perform the registration
duties as described in Section 45-33-23 and forward the information to the
department.
(3) Before release from prison or placement on parole, supervised release or in a work center or restitution center, the Department of Corrections shall inform the person of the duty to register, including the duty to personally appear at a Department of Public Safety Driver's License Station, and shall perform the registration duties as described in Section 45-33-23 and forward the information to the Department of Public Safety.
(4) Before release from a community regional mental health center or from confinement in a mental institution following an acquittal by reason of insanity by an offender described in subsection (1) of this section, the director of the facility shall inform the offender of the duty to register, including the duty to personally appear at a Department of Public Safety Driver's License Station, and shall perform the registration duties as described in Section 45-33-23 and forward the information to the Department of Public Safety.
(5) Before release from a youthful offender facility, the director of the facility shall inform the person of the duty to register, including the duty to personally appear at a Department of Public Safety Driver's License Station, and shall perform the registration duties as described in Section 45-33-23 and forward the information to the Department of Public Safety.
(6) In addition to performing the registration duties, the responsible agency shall:
(a) Inform the person having a duty to register that:
(i) The person is required to personally appear at a Department of Public Safety Driver's License Station at least ten (10) days before changing address.
(ii) Any change of address to another jurisdiction shall be reported to the department by personally appearing at a Department of Public Safety Driver's License Station not less than ten (10) days before the change of address. The offender shall comply with any registration requirement in the new jurisdiction.
(iii) The person must register in any jurisdiction where the person is employed, carries on a vocation, is stationed in the military or is a student.
(iv) Address verifications shall be made by personally appearing at a Department of Public Safety Driver's License Station within the required time period.
(v) Notification or verification of a change in status of a registrant's enrollment, employment or vocation at any public or private educational institution, including any secondary school, trade or professional institution, or institution of higher education shall be reported to the department by personally appearing at a Department of Public Safety Driver's License Station within three (3) business days of the change.
(vi) If the person has been convicted of a sex offense, the person shall notify any organization for which the person volunteers in which volunteers have direct, private or unsupervised contact with minors that the person has been convicted of a sex offense as provided in Section 45-33-32(1). If the person has been convicted of abuse, neglect or exploitation of a vulnerable person as provided in Section 43-47-37, the person required to register shall notify any organization for which the person volunteers of all such convictions.
(vii) Upon any change of name or employment, a registrant is required to personally appear at a Department of Public Safety Driver's License Station within three (3) business days of the change.
(viii) Upon any change of vehicle information, a registrant is required to report the change on an appropriate form supplied by the department within three (3) business days of the change.
(ix) Upon any change of e-mail address or addresses, instant message address or addresses or any other designation used in Internet communications, postings or telephone communications, a registrant is required to report the change on an appropriate form supplied by the department within three (3) business days of the change.
(x) Upon any change of information deemed to be necessary to the state's policy to assist local law enforcement agencies' efforts to protect their communities, a registrant is required to report the change on an appropriate form supplied by the department within three (3) business days of the change.
(b) Require the person to read and sign a form stating that the duty of the person to register under this chapter has been explained.
(c) Obtain or facilitate the obtaining of a biological sample from every registrant as required by this chapter if such biological sample has not already been provided to the Mississippi Crime Lab.
(d) Provide a copy of the order of conviction or sentencing order to the department at the time of registration.
SECTION 6. Section 45-33-28, Mississippi Code of 1972, is amended as follows:
45-33-28. (1)
Notwithstanding any other provision of the law to the contrary, during a
declaration of emergency, any person who has been required to register as * * * an offender as provided in this
chapter who enters an emergency shelter, within the first twenty-four (24)
hours of admittance, shall notify the management of the facility, the sheriff
of the county in which the shelter is located and the chief of police of the
municipality, if the shelter is located in a municipality, of the person's * * * offender status. The * * * offender shall provide his full name, date
of birth, social security number, and last address of registration prior to the
declaration of emergency. Within seventy-two (72) hours of receiving the
notification required by the provisions of this subsection, the sheriff and
chief of police shall forward that information to the department.
(2) The manager or director of the emergency shelter shall make a reasonable effort to notify the chief law enforcement officer of the county or municipality in which the shelter is located of the presence of the sex offender in the emergency shelter. No person associated with a nonprofit organization that operates an emergency shelter shall be liable for any injury or claim arising out of the failure of the manager or operator to communicate the presence of a sex offender in the shelter to the appropriate law enforcement official.
SECTION 7. Section 45-33-31, Mississippi Code of 1972, is amended as follows:
45-33-31. (1) (a) Registrants who are in compliance with a program of electronic monitoring under this chapter are required to reregister annually.
(b) All other registrants are required to personally appear at a Department of Public Safety Driver's License Station to reregister every ninety (90) days.
(2) Reregistration includes the submission of current information and photograph to the department and the verification of registration information, including the street address and telephone number of the registrant; name, street address and telephone number of the registrant's employment or status at a school, along with any other registration information that may need to be verified and the payment of any required fees.
(3) A person who fails to
reregister and obtain a renewal * * * offender registration card as required by
this section commits a violation of this chapter. The Department of Public
Safety will immediately notify any sheriff or other jurisdiction of any changes
in information including residence address, employment and status at a school
if that jurisdiction, county or municipality is affected by the change.
SECTION 8. Section 45-33-33, Mississippi Code of 1972, is amended as follows:
45-33-33. (1) (a) The failure of an offender to personally appear at a Department of Public Safety Driver's License Station or to provide any registration or other information, including, but not limited to, initial registration, reregistration, change of address information, change of employment, change of name, required notification to a volunteer organization or any other registration duty or submission of information required by this chapter is a violation of this chapter. Additionally, forgery of information or submission of information under false pretenses, whether by the registrant or another person, is also a violation of this chapter.
(b) A person commits a violation of this chapter who:
(i) Knowingly
harbors, or knowingly attempts to harbor, or knowingly assists another person
in harboring or attempting to harbor * * * an offender who is in violation
of this chapter; * * *
(ii) Knowingly
assists * * *
an offender in eluding a law enforcement agency that is seeking to find
the * * *offender
to question the sex offender about, or to arrest the * * * offender for, noncompliance with the
requirements of this chapter; or
(iii) Provides
information to a law enforcement agency regarding * * * an offender which the person knows
to be false.
(c) A registrant who is required to submit to electronic monitoring who does not comply with all the terms and conditions of the electronic monitoring commits a violation of this chapter.
(2) (a) Unless otherwise specified, a violation of this chapter shall be considered a felony and shall be punishable by a fine of not more than Five Thousand Dollars ($5,000.00), imprisonment in the custody of the Department of Corrections for not more than five (5) years, or both fine and imprisonment.
(b) A person who is required to register under this chapter who is subsequently convicted for a registration violation under this section, upon release from incarceration, shall submit to mandatory electronic monitoring under the program established under Section 45-33-45 for a period computed by subtracting the time the person spent in actual incarceration from the five-year maximum imprisonment for the offense and the period of post-release monitoring shall not be suspended or reduced by the court or the Department of Corrections.
(3) Whenever it appears that an offender has failed to comply with the duty to register, reregister or submit to electronic monitoring, the department shall promptly notify the sheriff of the county of the last-known address of the offender as well as the sheriff of the county of the last-known location of the offender, if different. Upon notification, the sheriff shall attempt to locate the offender at his last-known address or last-known location.
(a) If the sheriff locates the offender, he shall enforce the provisions of this chapter, including initiation of prosecution if appropriate. The sheriff shall then notify the department with the current information regarding the offender.
(b) If the sheriff is unable to locate the offender, the sheriff shall promptly notify the department and initiate a criminal prosecution against the offender for the failure to register, reregister or comply with electronic monitoring. The sheriff shall make the appropriate transactions into the Federal Bureau of Investigation's wanted-person database and issue a warrant for the offender's arrest. The department shall notify the United States Marshals Service of the offender's noncompliant status and shall update the registry database and website to show the defendant's noncompliant status as an absconder.
(4) A violation of this chapter shall result in the arrest of the offender.
(5) Any prosecution for a violation of this section shall be brought by a prosecutor in the county of the violation.
(6) A person required to
register under this chapter who commits any act or omission in violation of
this chapter may be prosecuted for the act or omission in the county in which
the act or omission was committed, the county of the last registered address of
the * * *
offender, the county in which the conviction occurred for the offense or
offenses that meet the criteria requiring the person to register, the county in
which he was designated a * * *sex offender, or the county in which the sex offender was
found.
(7) The Commissioner of Public Safety or his authorized agent shall suspend the driver's license or driving privilege of any offender failing to comply with the duty to report, register or reregister, submit to monitoring, or who has provided false information.
(8) When a person required to register under this chapter is accused of any registration offense under this section, pretrial release on bond shall be conditioned on the offender's submission to electronic monitoring under the program established under Section 45-33-45.
SECTION 9. Section 45-33-36, Mississippi Code of 1972, is amended as follows:
45-33-36. (1) Upon receipt
of * * *
offender registration or change of registration information, the Department of
Public Safety shall immediately provide the information to:
(a) The National Sex Offender Registry or other appropriate databases;
(b) The sheriff of the county and the chief law enforcement officer of any other jurisdiction where the offender resides, lodges, is an employee or is a student or intends to reside, work, attend school or volunteer;
(c) The sheriff of the county and the chief law enforcement officer of any other jurisdiction from which or to which a change of residence, employment or student status occurs;
(d) The Department of
Human Services and any other social service entities responsible for protecting
minors or vulnerable persons in the * * * welfare system;
(e) The probation
agency that is currently supervising the * * * offender;
(f) Any agency responsible for conducting employment-related background checks under Section 3 of the National Child Protection Act of 1993 (42 USC 5119(a));
(g) Each school and
public housing agency in each jurisdiction in which the * * * offender resides, is an employee or is a
student;
(h) All prosecutor
offices in each jurisdiction in which the * * * offender resides, is an employee, or is a
student; and
(i) Any other agencies
with criminal investigation, prosecution or * * * offender supervision functions in each
jurisdiction in which the * * *sex offender resides, is an employee, or is a student.
(2) The Department of
Public Safety shall post changes to the public registry website within three
(3) business days. Electronic notification will be available via the Internet
to all law enforcement agencies, to any volunteer organizations in which
contact with minors or vulnerable * * * persons might occur and any
organization, company or individual who requests notification pursuant to
procedures established by the Department of Public Safety. This provision
shall take effect upon the state's receipt and implementation of the Department
of Justice software in compliance with the provisions of the Adam Walsh Act.
(3) From and after July 1,
2015, local jurisdictions receiving notification and that have the ability may
notify residents when * * * an offender begins residing, lodges, becomes employed,
volunteers or attends school or intends to reside, lodge, work, attend school
or volunteer in the area by using a website, social media, print media, e-mail
or may provide a link to the Department of Public Safety website.
SECTION 10. Section 45-33-39, Mississippi Code of 1972, is amended as follows:
45-33-39. (1) The court
shall provide written notification to any defendant charged with * * * an offense as defined by this
chapter of the registration requirements of Sections 45-33-25 and 45-33-31.
Such notice shall be included on any guilty plea forms and judgment and
sentence forms provided to the defendant. The court shall obtain a written
acknowledgment of receipt on each occasion.
(2) A court imposing a sentence, disposition or order of commitment following acquittal by reason of insanity shall notify the offender of the registration requirements of Sections 45-33-25 and 45-33-31. The court shall obtain a written acknowledgment of receipt on each occasion.
(3) A court having jurisdiction of any of the offenses enumerated in Section 45-33-23(h) shall cause to be forwarded to the Department of Public Safety a certified record of conviction in such court of any person of any of the offenses listed.
SECTION 11. Section 45-33-41, Mississippi Code of 1972, is amended as follows:
45-33-41. (1) The
Department of Corrections or any person having charge of a county or municipal
jail or any juvenile detention facility shall provide written notification to
an inmate or offender in the custody of the jail or other facility due to a
conviction of or adjudication for * * * any offense * * * that requires the registration and
notification requirements of Sections 45-33-25, 45-33-31, 45-33-32 and 45-33-59
at the time of the inmate's or offender's confinement and release from
confinement, and shall receive a signed acknowledgment of receipt on both
occasions.
(2) At least fifteen (15) days prior to the inmate's release from confinement, the Department of Corrections shall notify the victim of the offense or a designee of the immediate family of the victim regarding the date when the offender's release shall occur, provided a current address of the victim or designated family member has been furnished in writing to the Director of Records for such purpose.
SECTION 12. Section 45-33-47, Mississippi Code of 1972, is amended as follows:
45-33-47. (1) * * *
An offender with a
duty to register under Section 45-33-25 shall only be relieved of the duty
under subsection (2) of this section.
(2) A person required to
register for * * * an offense under Section 45-33-25 may petition the
circuit court of the sentencing jurisdiction, or for a person whose duty to
register arose in another jurisdiction, the county in which the registrant
resides, to be relieved of that duty under the following conditions:
(a) The offender has maintained his registration in Mississippi for the required minimum registration from the most recent date of occurrence of at least one (1) of the following: release from prison, placement on parole, supervised release or probation or as determined by the offender's tier classification. Incarceration for any offense will restart the minimum registration requirement. Registration in any other jurisdiction does not reduce the minimum time requirement for maintaining registration in Mississippi.
(b) Tier One. (i) Tier One requires registration for a minimum of fifteen (15) years in this state and includes any of the following listed registrable sex offenses:
1. Section 97-5-27(1) relating to dissemination of sexually oriented material to children;
2. Section 97-29-61(2) relating to voyeurism when the victim is a child under sixteen (16) years of age;
3. Section 97-29-3 relating to misdemeanor sexual intercourse between teacher and student;
4. Section 97-29-45(1)(a) relating to obscene electronic communication;
5. Any conviction of conspiracy to commit, accessory to commission, or attempt to commit any offense listed in this tier;
6. Any conviction for violation of a similar law of another jurisdiction of any offense listed in this tier;
7. Any offense resulting in a conviction in another jurisdiction for which registration is required in the jurisdiction where the conviction was had, although registration would not be otherwise required in this state.
(ii) Notwithstanding any other provision of this chapter, an offender may petition the appropriate circuit court to be relieved of the duty to register upon fifteen (15) years' satisfaction of the requirements of this section for the convictions classified as Tier One offenses.
(c) Tier Two. (i) Tier Two requires registration for a minimum of twenty-five (25) years in this state and includes any of the following listed registrable sex offenses:
1. Section 97-5-33(3) through (9) relating to the exploitation of children;
2. Section 97-29-59 relating to unnatural intercourse;
3. Section 97-29-63, relating to filming another without permission where there is an expectation of privacy;
4. Section 97-3-104 relating to crime of sexual activity between law enforcement or correctional personnel and prisoners;
5. Section 43-47-18(2)(a) and (b) relating to gratification of lust or fondling by health care employees or persons in position of trust or authority;
6. Any conviction of conspiracy to commit, accessory to commission, or attempt to commit any offense listed in this tier;
7. Any conviction for violation of a similar law of another jurisdiction of any offense listed in this tier; or
8. Any conviction of a Tier One offense if it is the offender's second or subsequent conviction of a registrable sex offense;
(ii) Notwithstanding any other provision of this chapter, an offender may petition the appropriate circuit court to be relieved of the duty to register upon twenty-five (25) years' satisfaction of the requirements of this section for the convictions classified as Tier Two offenses.
(d) Tier Three. Tier Three requires lifetime registration, the registrant not being eligible to be relieved of the duty to register except as otherwise provided in this section, and includes any of the following listed registrable sex offenses:
(i) Section 97-3-65 relating to rape;
(ii) Section 97-3-71 relating to rape and assault with intent to ravish;
(iii) Section 97-3-95 relating to sexual battery;
(iv) Subsection (1) or (2) of Section 97-5-33 relating to the exploitation of children;
(v) Section 97-5-5 relating to enticing a child for concealment, prostitution or marriage;
(vi) Section 97-5-41 relating to the carnal knowledge of a stepchild, adopted child or child of a cohabiting partner;
(vii) Section 97-3-53 relating to kidnapping if the victim is under the age of eighteen (18);
(viii) Section 97-3-54.1(1)(c) relating to procuring sexual servitude of a minor;
(ix) Section 97-3-54.3 relating to aiding, abetting or conspiring to violate antihuman trafficking provisions;
(x) Section 97-5-23 relating to the touching of a child, mentally defective or incapacitated person or physically helpless person for lustful purposes;
(xi) Section 43-47-18 relating to sexual abuse of a vulnerable person by health care employees or persons in a position of trust or authority;
(xii) Section 97-5-39(1)(c) relating to contributing to the neglect or delinquency of a child, felonious abuse and/or battery of a child, if the victim was sexually abused;
(xiii) Capital murder when one (1) of the above-described offenses is the underlying crime;
(xiv) Any conviction for violation of a similar law of another jurisdiction or designation as a sexual predator in another jurisdiction;
(xv) Any
conviction of conspiracy to commit, accessory to commission, or attempt to
commit any offense listed in this tier; * * *
(xvi) Any
conviction of a Tier Two offense if it is the offender's second or subsequent
conviction of a registrable sex offense * * * ; or
(xvii) Abuse of a vulnerable person as defined by Sections 43-47-5, 43-47-18 and 43-47-19.
(e) An offender who has two (2) separate convictions for any of the registrable offenses described in Section 45-33-23 is subject to lifetime registration and shall not be eligible to petition to be relieved of the duty to register if at least one (1) of the convictions was entered on or after July 1, 1995.
(f) An offender, twenty-one (21) years of age or older, who is convicted of any sex offense where the victim was fourteen (14) years of age or younger shall be subject to lifetime registration and shall not be relieved of the duty to register.
(g) A first-time offender fourteen (14) years of age or older adjudicated delinquent in a youth court for a registrable offense of rape pursuant to Section 96-3-65 or a registrable offense of sexual battery pursuant to Section 97-3-95 is subject to lifetime registration, but shall be eligible to petition to be relieved of the duty to register after twenty-five (25) years of registration.
(h) Registration following arrest or arraignment for failure to register is not a defense and does not relieve the sex offender of criminal liability for failure to register.
(i) The department shall continue to list in the registry the name and registration information of all registrants who no longer work, reside or attend school in this state even after the registrant moves to another jurisdiction and registers in the new jurisdiction as required by law. The registry shall note that the registrant moved out of state.
(3) In determining whether to release an offender from the obligation to register, the court shall consider the nature of the registrable offense committed and the criminal and relevant noncriminal behavior of the petitioner both before and after conviction. The court may relieve the offender of the duty to register only if the petitioner shows, by clear and convincing evidence, that the registrant properly maintained his registration as required by law and that future registration of the petitioner will not serve the purposes of this chapter and the court is otherwise satisfied that the petitioner is not a current or potential threat to public safety. The district attorney in the circuit in which the petition is filed must be given notice of the petition at least three (3) weeks before the hearing on the matter. The district attorney may present evidence in opposition to the requested relief or may otherwise demonstrate the reasons why the petition should be denied. If the court denies the petition, the petitioner may not again petition the court for relief until one (1) year has elapsed unless the court orders otherwise in its order of denial of relief.
(4) The offender will be required to continue registration for any sex offense conviction unless the conviction is set aside in any post-conviction proceeding, the offender receives a pardon, the charge is dismissed or the offender has received a court order pursuant to this section relieving him of the duty to register. Upon submission of the appropriate documentation to the department of one (1) of these occurrences, registration duties will be discontinued.
(5) A person required to register as a sex offender who is convicted under Section 45-33-33 of providing false registration information or of failure to register, reregister, update registration, or comply with electronic monitoring shall be subject to electronic monitoring at the expense of the offender under the program provided in Section 45-33-45. Termination of the duty to register also terminates the duty to be monitored.
SECTION 13. Section 45-33-49, Mississippi Code of 1972, is amended as follows:
45-33-49. (1) Records
maintained pursuant to this chapter shall be open to law enforcement agencies
which shall be authorized to release relevant and necessary information
regarding * * *
offenders to the public.
(2) The identity of a victim of an offense that requires registration under this chapter shall not be released.
(3) A sheriff shall maintain records for registrants of the county and shall make available to any person upon request the name, address, place of employment, crime for which convicted, date and place of conviction of any registrant, and any other information deemed necessary for the protection of the public. The sheriffs shall be responsible for verifying their respective registries annually against the department's records to ensure current information is available at both levels.
(4) (a) Upon written request, the department shall provide to any person the name, address, photograph, if available, date of photograph, place of employment, crime for which convicted, date and place of conviction of any registrant, hair, eye color, height, race, sex and date of birth of any registrant, and any other information deemed necessary for the protection of the public.
(b) (i) The
Department of Public Safety shall maintain an Internet website in a manner that
will permit the public to obtain relevant information for each * * *
offender in the registry as
required in this subsection (4). The website shall permit the public to obtain
relevant information for each offender by a single query for any given name,
zip code, municipality, county or geographic radius set by the user.
(ii) The
Department of Public Safety shall participate in the Dru Sjodin National Sex
Offender Public website. The information required to be displayed on the
public registry website includes the offender's name and all known aliases; a
current photograph; a physical description; the offender's residential
addresses including the offender's permanent address and any address at which
the offender habitually lives; employer address; school address; the current * * * offense for which the offender is
registered; criminal history of any other * * * offenses for which the offender has been
convicted; a description of the offender's vehicle including license tag
number; and the offender's status if designated as noncompliant or an absconder
because of failure to comply with the requirements of this chapter.
(iii) The public
website shall not display the identity of a victim of an offense that requires
registration under this chapter or the registered * * * offender's social security number, travel
or immigration document numbers, Internet identifiers, telephone numbers, or
any arrests not resulting in conviction.
(5) The Department of
Education, the Mississippi Private School Association and the Department of
Health shall notify all schools * * *, licensed day care centers, care
facilities and caretakers annually regarding the availability upon request
of this information.
(6) Nothing in this section shall be construed to prevent law enforcement officers from notifying members of the public exposed to danger of any circumstances or individuals that pose a danger under circumstances that are not enumerated in this section.
(7) Nothing in this chapter shall be construed to prevent law enforcement officers from providing community notification of any circumstances or individuals that pose or could pose a danger under circumstances that are not enumerated in this chapter.
SECTION 14. Section 45-33-51, Mississippi Code of 1972, is amended as follows:
45-33-51. (1) Any
person who willfully misuses or alters public record information relating to * * * an offender or sexual predator, or
a person residing or working at an address reported by * * * an offender, including information
displayed by law enforcement agencies on web sites, shall be guilty of a
misdemeanor and shall be punished by a fine of not more than One Thousand
Dollars ($1,000.00) or imprisonment in the county jail not more than six (6)
months, or both.
(2) The sale
or exchange of * * *
offender information for profit is prohibited. Any violation of this
subsection (2) is a misdemeanor and shall be punished by a fine of not more
than One Thousand Dollars ($1,000.00) or imprisonment in the county jail not
more than six (6) months, or both.
SECTION 15. Section 45-33-55, Mississippi Code of 1972, is amended as follows:
45-33-55. Except for
juvenile criminal history information that has been sealed by order of the
court, this chapter exempts * * *offenses required to be registered
from laws of this state or court orders authorizing the destroying, expunging,
purging or sealing of criminal history records to the extent such information
is authorized for dissemination under this chapter.
SECTION 16. Section 45-33-32, Mississippi Code of 1972, is brought forward as follows:
45-33-32. (1) A person convicted of a sex offense who volunteers for an organization in which volunteers have direct, private and unsupervised contact with minors shall notify the organization of the person's conviction at the time of volunteering. Such notification must be in writing to the organization. Any organization which accepts volunteers must notify volunteers of this disclosure requirement upon application of the volunteer to serve or prior to acceptance of any of the volunteer's service, whichever occurs first.
(2) If the organization, after notification by the offender as provided in subsection (1), accepts the offender as a volunteer, the organization must notify the parents or guardians of any minors involved in the organization of the offender's criminal record.
(3) This section applies to all registered sex offenders regardless of the date of conviction.
(4) Any person previously registered as a sex offender and who has a continuing obligation to be registered as a sex offender shall be notified of the person's duty under this section with the first reregistration form to be sent to the person after July 1, 2004.
(5) If the registered sex offender is currently volunteering for such an organization, the sex offender must resign or notify the organization immediately upon receipt of notice or be subject to the penalties of this chapter.
SECTION 17. This act shall take effect and be in force from and after July 1, 2015.