MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Education; Juvenile Justice

By: Senator(s) Mettetal

AN ACT TO AMEND SECTIONS 37-11-29, 37-11-31 AND 37-11-33, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT YOUTH COURT OFFICIALS SHALL BE FULLY AUTHORIZED TO REPORT ALLEGATIONS OF CRIMINAL ACTIVITY BY STUDENTS TO SCHOOL OFFICIALS WHEN THE COURT FINDS THAT THE HEALTH OR SAFETY OF THAT STUDENT OR OTHER STUDENTS MAY BE AFFECTED IF SUCH INFORMATION IS NOT MADE AVAILABLE TO SCHOOL OFFICIALS; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 37-11-29, Mississippi Code of 1972, is amended as follows:

37-11-29. (1) Any principal, teacher or other school employee who has knowledge of any unlawful activity which occurred on educational property or during a school related activity or which may have occurred shall report such activity to the superintendent of the school district or his designee who shall notify the appropriate law enforcement officials as required by this section. In the event of an emergency or if the superintendent or his designee is unavailable, any principal may make a report required under this subsection.

(2) Whenever any person who shall be an enrolled student in any school or educational institution in this state supported in whole or in part by public funds, or who shall be an enrolled student in any private school or educational institution, is arrested for, and lawfully charged with, the commission of any crime, or is convicted or adjudicated upon the charge for which he was arrested, or convicted of any crime charged against him after his arrest and before trial, the office or law enforcement department of which the arresting officer is a member, and the justice court judge, youth court judge and any circuit judge or court before whom such student is tried or adjudicated upon said charge or charges, shall make or cause to be made a report thereof to the superintendent or the president or chancellor, as the case may be, of the school district or other educational institution in which such student is enrolled. This subsection (2) shall be applicable to youth court cases where the youth court retains jurisdiction when the judge finds that the health or safety of that student or other students in a school may be affected if information is not made available to school officials.

If the charge upon which such student was arrested, or any other charges preferred against him are dismissed or nol prossed, or if upon trial or adjudication he is either convicted or acquitted of such charge or charges, same shall be reported to said respective superintendent or president, or chancellor, as the case may be. A copy of said report shall be sent to the Secretary of the Board of Trustees of State Institutions of Higher Learning of the State of Mississippi, at Jackson, Mississippi.

Said report shall be made within one (1) week after the arrest of such student and within one (1) week after any charge placed against him is dismissed or nol prossed, and within one (1) week after he shall have pled guilty, been convicted, adjudicated in youth court or have been acquitted by trial upon any charge placed against him. This section shall not apply to ordinary traffic violations involving a penalty of less than Fifty Dollars ($50.00) and costs.

(3) When the superintendent or his designee has a reasonable belief that an act has occurred on educational property or during a school related activity involving any of the offenses set forth in subsection (6) of this section, the superintendent or his designee shall immediately report the act to the appropriate local law enforcement agency. For purposes of this subsection, "school property" shall include any public school building, bus, public school campus, grounds, recreational area or athletic field in the charge of the superintendent. The State Board of Education shall prescribe a form for making reports required under this subsection. Any superintendent or his designee who fails to make a report required by this section shall be subject to the penalties provided in Section 37-11-15.

(4) The law enforcement authority shall immediately dispatch an officer to the educational institution and with probable cause the officer is authorized to make an arrest if necessary as provided in Section 99-3-7.

(5) Any superintendent, principal, teacher or other school personnel participating in the making of a required report pursuant to this section or participating in any judicial proceeding resulting therefrom shall be presumed to be acting in good faith. Any person reporting in good faith shall be immune from any civil liability that might otherwise be incurred or imposed.

(6) For purposes of this section, "unlawful activity" means any of the following:

(a) Possession or use of a deadly weapon, as defined in Section 97-37-1;

(b) Possession, sale or use of any controlled substance;

(c) Aggravated assault, as defined in Section 97-3-7;

(d) Simple assault, as defined in Section 97-3-7, upon any school employee;

(e) Rape, as defined under Mississippi law;

(f) Sexual battery, as defined under Mississippi law;

(g) Murder, as defined under Mississippi law;

(h) Kidnapping, as defined under Mississippi law; or

(i) Fondling, touching, handling, etc., a child for lustful purposes, as defined in Section 97-5-23.

SECTION 2. Section 37-11-31, Mississippi Code of 1972, is amended as follows:

37-11-31. Such report as is required pursuant to the provisions of Section 37-11-29(2), shall contain the full name of the student; the place, date and time of arrest; a brief statement of the charge or charges upon which he was arrested, and any other charges placed against him after his arrest but before the making of the report, and the disposition, if any, which may have been made of said charges by the arresting officer or the law enforcement department of which he be a member; whether the student was released on bail and, if so, the amount thereof; and the person's home address and the school or educational institution in which he was enrolled. If the report be made after the trial of such person it shall contain all of the foregoing information and, in addition, a brief statement of the charge or charges upon which he was tried, whether acquitted or convicted; if convicted, the punishment inflicted; if any appeal has been taken from the decision of the justice court judge or circuit court such shall be so stated; and if such person be admitted to bail either before or after trial, the amount thereof shall be stated, together with the name of each surety upon his bail bond. Youth court judges may authorize release of information under this section to schools concerning juvenile dispositional records of any student when the judge finds that such disclosure is required for public safety and finds that the health or safety of that student or other students in school may be affected if information is not made available to school officials.

SECTION 3. Section 37-11-33, Mississippi Code of 1972, is amended as follows:

37-11-33. The office or law enforcement department or agency or the justice court judge or the clerk of the circuit court or youth court making such reports as are required pursuant to the provisions of Section 37-11-29(2), shall receive the sum of One Dollar ($1.00) for each such report made, which sum shall be paid from the general fund by the town, city, or county where such report or reports are made, upon proper bill being submitted therefor supported by certificate or affidavit that such reports have been made.

All such reports shall be preserved by each recipient thereof and a copy retained in the office or law enforcement department or agency, state, county or municipal, and in the office of any justice of the peace or circuit clerk or youth court clerk, as the case may be, who or which made such report or reports.

SECTION 4. This act shall take effect and be in force from and after July 1, 1998.