SB2802 (As Introduced) - 1998 Regular Session

MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Juvenile Justice

By: Senator(s) Furniss

Senate Bill 2802

AN ACT TO CREATE A STATEWIDE JUVENILE CURFEW; TO ENACT DEFINITIONS; TO PRESCRIBE PENALTIES; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) As used in this section, the following words shall have the meanings ascribed herein unless the context clearly requires otherwise.

(a) "Curfew hours" means:

(i) From 10:30 P.M. on any Sunday, Monday, Tuesday, Wednesday or Thursday, unless said days are holidays or nonschool days, until 6:00 A.M. of the following day, except on evenings preceding recognized holidays or nonschool days; and

(ii) From 12:30 A.M. until 6:00 A.M. on any Friday, Saturday, holiday or nonschool day.

(b) "Emergency" means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

(c) "Establishment" means any privately owned place of business operated for a profit to which the public is invited including, but not limited to, any place of amusement or entertainment.

(d) "Guardian" is any person other than a parent who has legal guardianship of a juvenile.

(e) "Juvenile" means any unemancipated person under the age of eighteen (18) years.

(f) "Parent" means the natural parent, adopted parent or step-parent of a juvenile.

(g) "Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways and common areas of schools, apartment houses, office buildings, transportation facilities and shops.

(h) "Remain" means to linger or stay.

(i) "Serious bodily injury" means bodily injury that creates a substantial risk of death, or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

(2) (a) It shall be unlawful for any juvenile to remain in any public place or establishment during curfew hours.

(b) It shall be a complete defense to prosecution under paragraph (2)(a) of this section that the juvenile was acting within the provisions of subsection (4) of this section.

(c) A violation of this section shall be a civil infraction, and the penalty for a first violation of this section within a one-year period shall be Seventy-five Dollars ($75.00); for a second offense within a one-year period the penalty shall be One Hundred Fifty Dollars ($150.00); and for a third or subsequent violation within a one-year period the penalty shall be Three Hundred Dollars ($300.00). Sentencing to community service in addition to or in lieu of the fine shall be within the discretion of the court.

(3) (a) It shall be unlawful for the parent, guardian or other adult person having custody or control of any juvenile to permit or knowingly allow such juvenile to remain in any public place or on the premises of any establishment during curfew hours.

(b) It shall be a complete defense to prosecution under paragraph (3)(a) of this section that the juvenile was acting within the provisions of subsection (4) of this section.

(4) The provisions of this section shall not apply to the following situations:

(a) At any time if the juvenile is accompanied by his or her parent, legal guardian or other responsible person who is over the age of twenty-one (21) and approved by the juvenile's parent, guardian, custodian or other adult person having custody or control of the juvenile to accompany said juvenile.

(b) If the juvenile is on an errand as directed by his or her parent, guardian, custodian or other adult person having custody or control of the juvenile.

(c) If the juvenile is legally employed, for the period of one-half (1/2) hour before to one-half (1/2) hour after work, while going directly between his or her home and place of employment. This exception shall also apply if the juvenile is in a public place during curfew hours in the course of his or her employment.

(d) If the juvenile is coming directly home from an adult organized and supervised activity or place of public entertainment, such as a movie, play or sporting event. This exception will apply for one-half (1/2) hour after completion of such event.

(e) If the juvenile is on an emergency errand directed or permitted by his or her parent, guardian, custodian or other adult person having custody or control of the juvenile.

(f) If the juvenile is traveling by direct routes to or from an event sponsored by an accredited educational institution.

(g) If the juvenile is in a motor vehicle and engaged in interstate travel through the State of Mississippi with the consent of a parent, guardian, custodian or other adult person having custody or control of the juvenile.

(h) Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly.

(5) Any law enforcement officer who reasonably believes that a juvenile is violating any of the provisions of this section shall have the authority to take the juvenile into custody and deliver or arrange to deliver the juvenile either to:

(a) The juvenile's parent, guardian, custodian or other adult person having custody or control of the juvenile; or

(b) A friend or neighbor of the juvenile, over the age of eighteen (18) years, who is willing to assume temporary custody of the juvenile; or

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