MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Judiciary

By: Senator(s) Hawks

AN ACT TO AMEND SECTION 41-21-105, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT THE CHANCERY CLERKS, MEMBERS OF THE BOARD OF SUPERVISORS AND SHERIFFS AND THEIR EMPLOYEES SHALL BE HELD HARMLESS IN THE CASE OF PERSONS ADJUDICATED AS BEING IN NEED OF MENTAL TREATMENT; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 41-21-105, Mississippi Code of 1972, is amended as follows:

41-21-105. (1) All persons acting in good faith in connection with the preparation or execution of applications, affidavits, certificates or other documents; apprehension; findings; determinations; opinions of physicians and pscychologists; transportation; examination; treatment; emergency treatment; detention or discharge of an individual, under the provisions of Sections 41-21-61 through 41-21-107, shall incur no liability, civil or criminal, for such acts.

(2) No civil suit of any kind whatsoever shall be brought or prosecuted against (a) the board, any member thereof, or any director or employee; (b) the board of supervisors, any member or any employee thereof; (c) the chancery clerk or any employee thereof; or (d) the sheriff or any employee thereof, for acts committed within the scope of their employment, except for willful or malicious acts or acts of gross negligence.

SECTION 2. This act shall take effect and be in force from and after its passage.