MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Judiciary

By: Senator(s) Frazier, White (5th)

AN ACT TO AMEND SECTION 99-37-25, MISSISSIPPI CODE OF 1972, TO CLARIFY RESPONSIBILITY FOR PAYMENT OF MEDICAL EXAMINATION OF SEXUAL ASSAULT VICTIMS; TO AMEND SECTION 97-3-101, MISSISSIPPI CODE OF 1972, TO REINSTATE THE FELONY PENALTY FOR SEXUAL BATTERY OF A CHILD UNDER THE AGE OF 18 WHEN COMMITTED BY A PERSON IN A POSITION OF TRUST OR AUTHORITY OVER THE CHILD; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 99-37-25, Mississippi Code of 1972, is amended as follows:

99-37-25. (1) (a) When a person is brought into a doctor's office, a hospital or a medical clinic in this state by a law enforcement agency as the victim of an alleged rape or sexual assault, or comes into a doctor's office, a hospital or a medical clinic in the state alleging rape or sexual assault against the person which results in a criminal investigation, the bill for the initial medical examination and the preparation of the rape kit will be sent to the district attorney who has jurisdiction over the prosecution of the alleged occurrence. The county in which the alleged offense occurred shall pay for the initial medical examination conducted for the procurement of evidence to aid in the investigation and prosecution of the alleged offense. Such payment shall be limited to the customary and usual hospital and physician charges for such services in the area. Such payment shall be made by the county directly to the health care provider. No bill for the initial examination will be submitted to the victim, nor shall the medical facility hold the victim responsible for payment. However, if the victim refuses to cooperate with the investigation or prosecution of the case, the county may seek reimbursement from the victim. The victim may be billed for any further medical services not required for the investigation and prosecution of the alleged offense. In cases where the damage caused by the alleged rape or sexual assault requires medical treatment or diagnosis in addition to the initial examination, the patient will be given information about the availability of victim compensation and the procedure for applying for such compensation.

(b) Upon application submitted by the district attorney, * * * provided the proper warrant or court order has been issued, the county in which an offense of rape or of felonious abuse or battery of a child as described in Section 97-5-39, touching or handling a child for lustful purposes as described in Section 97-5-23, exploitation of children as described in Section 97-5-33 or sexual battery as described in Section 97-3-95, or an attempt to commit such offense has occurred shall pay for a medical examination of the person arrested, charged or convicted of such offense to determine if the person so arrested, charged or convicted has any sexually transmitted disease. Such payment shall be made by the county directly to the health care provider or other service performing the tests. The results of such test shall be made available to the victim or, if the victim is a child, to the guardian of the victim.

(2) Any defendant who is convicted of, or pleads guilty or nolo contendere to, an offense in violation of rape, felonious abuse or battery of a child as described in Section 97-5-39, touching or handling a child for lustful purposes as described in Section 97-5-23, exploitation of children as described in Section 97-5-33 or sexual battery as described in Section 97-3-95, or an attempt to commit any such offense, shall be ordered by the court to make restitution to the county in an amount equal to the compensation paid by the county to the victim or medical provider for the initial medical examination and tests for sexually transmitted diseases. Such restitution shall be in addition to any restitution which the court orders the defendant to pay the victim under the provisions of Chapter 37 of Title 99, (Sections 99-37-1 through 99-37-21), Mississippi Code of 1972.

(3) The board of supervisors of any county is hereby authorized, in its discretion, to make application for and comply with such requirements as may be necessary to qualify for any federal funds as may be made available through the Department of Criminal Justice Planning as a result of services rendered to crime victims under the provisions of this section.

SECTION 2. Section 97-3-101, Mississippi Code of 1972, is amended as follows:

97-3-101. (1) Every person who shall be convicted of sexual battery under Section 97-3-95(1)(a), (b), or (2) shall be imprisoned in the State Penitentiary for a period of not more than thirty (30) years, and for a second or subsequent such offense shall be imprisoned in the penitentiary for not more than forty (40) years.

(2) (a) Every person who shall be convicted of sexual battery under Section 97-3-95(1)(c) who is at least eighteen (18) but under twenty-one (21) years of age shall be imprisoned for not more than five (5) years in the State Penitentiary or fined not more than Five Thousand Dollars ($5,000.00), or both;

(b) Every person who shall be convicted of sexual battery under Section 97-3-95(1)(c) who is twenty-one (21) years of age or older shall be imprisoned not more than thirty (30) years in the State Penitentiary or fined not more than Ten Thousand Dollars ($10,000.00), or both, for the first offense, and not more than forty (40) years in the State Penitentiary for each subsequent offense.

(3) Every person who shall be convicted of sexual battery under Section 97-3-95(1)(d) who is eighteen (18) years of age or older shall be imprisoned for life in the State Penitentiary or such lesser term of imprisonment as the court may determine, but not less than twenty (20) years.

(4) Every person who shall be convicted of sexual battery who is thirteen (13) years of age or older but under eighteen (18) years of age shall be sentenced to such imprisonment, fine or other sentence as the court, in its discretion, may determine.

SECTION 3. Section 2 of this act shall take effect and be in force from and after passage, and the remainder of this act shall take effect and be in force from and after July 1, 1999.