MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Judiciary B

By: Representatives Green (72nd), Barnett (92nd)

AN ACT TO CREATE THE DUTY TO RENDER AID TO A CRIME VICTIM OR TO REPORT THE CRIME; TO PROVIDE EXCEPTIONS AND IMMUNITY; TO PROVIDE PENALTIES; AND FOR RELATED PURPOSES. 

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

SECTION 1. (1) (a) Any person who knows that a crime is being committed and that a victim is exposed to serious bodily harm shall summon law enforcement officers or other assistance or shall provide assistance to the victim.

(b) Any person who is a private detective or a private security person who has reasonable grounds to believe that a crime is being committed or has been committed shall notify promptly an appropriate law enforcement agency of the facts which form the basis for this belief.

(c) A person need not comply with this subsection if any of the following apply:

(i) Compliance would place him or her in danger.

(ii) Compliance would interfere with duties the person owes to others.

(iii) In the circumstances described under paragraph (a), assistance is being summoned or provided by others.

(iv) In the circumstances described under paragraphs (b) or (c), the crime or alleged crime has been reported to an appropriate law enforcement agency by others.

(2) Any person who provides reasonable assistance under this section is immune from civil liability for his or her acts or omissions in providing the assistance. This immunity does not apply if the person receives or expects to receive compensation for providing the assistance.

(3) Any person who violates this section shall be guilty of a misdemeanor and upon conviction shall be fined not more than One Thousand Dollars ($1,000.00).

(4) The provisions of this section shall not create a civil cause of action which did not exist before the passage of this section.

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