MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Judiciary B

By: Representative McInnis

AN ACT TO PROHIBIT THE DISCLOSURE OF NAMES OF PERSONS ARRESTED WITH MISDEMEANOR OFFENSES BUT NOT CHARGED; TO PROVIDE CERTAIN EXCEPTIONS; TO PROVIDE FOR EXPUNCTION; AND FOR RELATED PURPOSES. 

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

SECTION 1. No law enforcement agency shall disclose the name of any person arrested with any misdemeanor, except for misdemeanors involving child abuse or domestic abuse, issued a citation, or being held for any misdemeanor unless such person shall be formally charged and arrested for the offense, except to other law enforcement agencies or to the Mississippi Department of Human Services or child day care providers where such information is used to help determine suitability of persons to serve as child care providers or child service workers. No political subdivision or an employee thereof, who acts individually or within the scope of the employee's employment, shall be held liable for the disclosure of any information prohibited by this section. If no prosecution is made within twelve (12) months of arrest the person charge may apply for the court with jurisdiction over the matter for the charges to be expunged.

SECTION 2. This act shall take effect and be in force from and after July 1, 1998.