MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Judiciary

By: Senator(s) Carlton

AN ACT TO CREATE NEW SECTION 45-33-21, MISSISSIPPI CODE OF 1972, TO ENACT LEGISLATIVE FINDINGS AND MAKE A STATEMENT OF INTENT AND PURPOSE; TO CREATE NEW SECTION 45-33-23, MISSISSIPPI CODE OF 1972, TO ENACT DEFINITIONS; TO CREATE NEW SECTION 45-33-25, MISSISSIPPI CODE OF 1972, TO REQUIRE REGISTRATION WITH THE MISSISSIPPI DEPARTMENT OF PUBLIC SAFETY OF ALL CONVICTED SEX OFFENDERS, AND TO PROVIDE WHAT INFORMATION IS REQUIRED FOR REGISTRATION; TO CREATE NEW SECTION 45-33-27, MISSISSIPPI CODE OF 1972, TO ENACT DEADLINES FOR REGISTRATION; TO CREATE NEW SECTION 45-33-29, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT REGISTRANTS PROVIDE NOTICE OF ANY CHANGE OF ADDRESS; TO CREATE NEW SECTION 45-33-31, MISSISSIPPI CODE OF 1972, TO REQUIRE PERIODIC REREGISTRATION; TO CREATE NEW SECTION 45-33-33, MISSISSIPPI CODE OF 1972, TO ENACT PENALTIES FOR FAILURE TO REGISTER; TO CREATE NEW SECTION 45-33-35, MISSISSIPPI CODE OF 1972, TO CREATE A CENTRAL SEX OFFENDER REGISTRY AND TO REQUIRE CERTAIN PERSONS TO PERFORM REGISTRATION DUTIES; TO CREATE NEW SECTION 45-33-37, MISSISSIPPI CODE OF 1972, TO REQUIRE A CONVICTED SEX OFFENDER TO PROVIDE A BLOOD SAMPLE FOR PURPOSES OF DNA IDENTIFICATION ANALYSIS; TO CREATE NEW SECTION 45-33-39, MISSISSIPPI CODE OF 1972, TO REQUIRE NOTICE TO THOSE REQUIRED TO REGISTER; TO CREATE NEW SECTION 45-33-41, MISSISSIPPI CODE OF 1972, TO REQUIRE NOTICE TO INCARCERATED PERSONS REQUIRED TO REGISTER; TO CREATE NEW SECTION 45-33-43, MISSISSIPPI CODE OF 1972, TO REQUIRE WRITTEN NOTICE BE GIVEN TO DRIVER'S LICENSE APPLICANTS; TO CREATE NEW SECTION 45-33-45, MISSISSIPPI CODE OF 1972, TO ENACT A DEFINITION OF "SEXUAL PREDATOR"; TO CREATE NEW SECTION 45-33-47, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR A PETITION FOR RELIEF FROM THE DUTY TO REGISTER; TO CREATE NEW SECTION 45-33-49, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR DISCLOSURE TO THE PUBLIC, SCHOOL AND DAY CARE CENTERS; TO CREATE NEW SECTION 45-33-51, MISSISSIPPI CODE OF 1972, TO ENACT PENALTIES FOR THE MISUSE OF REGISTRATION INFORMATION; TO CREATE NEW SECTION 45-33-53, MISSISSIPPI CODE OF 1972, TO PROVIDE IMMUNITY FROM CIVIL LIABILITY AND IN THE EXERCISE OF DISCRETION UNDER THE ACT; TO CREATE NEW SECTION 45-33-55, MISSISSIPPI CODE OF 1972, TO PROVIDE EXEMPTIONS FOR EXPUNCTION; TO CREATE NEW SECTION 45-33-57, MISSISSIPPI CODE OF 1972, TO ALLOW THE DEPARTMENT OF PUBLIC SAFETY TO ESTABLISH FEES TO BE CHARGED FOR REQUESTS FOR INFORMATION; TO REPEAL SECTIONS 45-33-1 THROUGH 45-33-19, MISSISSIPPI CODE OF 1972, WHICH DEAL WITH THE REGISTRATION OF CONVICTED SEX OFFENDERS; TO REPEAL SECTIONS 45-31-1 THROUGH 45-31-19, WHICH COMPRISE THE SEX OFFENSE CRIMINAL HISTORY RECORD INFORMATION ACT; TO AMEND SECTIONS 43-21-255, 43-21-261, 37-3-51, 43-16-9, 43-20-8, 43-20-57, 43-21-623 AND 99-19-201, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 45-33-21, Mississippi Code of 1972, is codified as follows:

45-33-21. Legislative findings and declaration of purpose. The Legislature finds that the danger of recidivism posed by criminal sex offenders and the protection of the public from these offenders is of paramount concern and interest to government. The Legislature further finds that law enforcement agencies' efforts to protect their communities, conduct investigations, and quickly apprehend criminal sex offenders are impaired by the lack of information shared with the public, which lack of information may result in the failure of the criminal justice system to identify, investigate, apprehend, and prosecute criminal sex offenders.

The Legislature further finds that the system of registering criminal sex offenders is a proper exercise of the state's police power regulating present and ongoing conduct. Comprehensive registration and periodic address verification will provide law enforcement with additional information critical to preventing sexual victimization and to resolving promptly incidents involving sexual abuse and exploitation. It will allow law enforcement agencies to alert the public when necessary for the continued protection of the community.

Persons found to have committed a sex offense have a reduced expectation of privacy because of the public's interest in safety and in the effective operation of government. In balancing offenders' due process and other rights, and the interests of public security, the Legislature finds that releasing such information about criminal sex offenders to the general public will further the primary governmental interest of protecting vulnerable populations and, in some instances the public, from potential harm.

Therefore, the state's policy is to assist local law enforcement agencies' efforts to protect their communities by requiring criminal sex offenders to register, to record their addresses of residence, to be photographed and fingerprinted, and to authorize the release of necessary and relevant information about criminal sex offenders to the public as provided in this act, which may be referred to as the Mississippi Sex Offenders Registration Law.

SECTION 2. Section 45-33-23, Mississippi Code of 1972, is codified as follows:

45-33-23. Definitions.

For the purposes of this chapter, the following words shall have the meanings ascribed herein unless the context clearly requires otherwise:

(a) "Conviction" shall mean that, regarding the person's offense, there has been a determination or judgment of guilt as a result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld. "Conviction of similar offenses" includes, but is not limited to, a conviction by a federal or military tribunal, including a court martial conducted by the Armed Forces of the United States, a conviction for an offense committed on an Indian Reservation or other federal property, and a conviction in any state of the United States.

(b) "Jurisdiction" shall mean any state court, federal court, military court or Indian tribunal.

(c) "Permanent residence" is defined as a place where the person abides, lodges, or resides for a period of fourteen (14) or more consecutive days.

(d) "Registration duties" means obtaining the registration information required on the form specified by the department as well as the photograph, fingerprints, and blood sample of the registrant. Blood samples are to be forwarded to the State Crime Laboratory pursuant to Section 45-33-37; the photograph, fingerprints and other registration information are to be forwarded to the Department of Public Safety within three (3) days.

(e) "Responsible agency" is defined as the person or government entity whose duty it is to obtain information from a criminal sex offender upon conviction and to transmit that information to the Mississippi Department of Public Safety.

(i) For a criminal sex offender being released from the custody of the Department of Corrections, the responsible agency is the Department of Corrections.

(ii) For a criminal sex offender being released from a county jail, the responsible agency is the sheriff of that county.

(iii) For a criminal sex offender being released from a municipal jail, the responsible agency is the police department of that municipality.

(iv) For a sex offender in the custody of youth court, the responsible agency is the youth court.

(v) For a criminal sex offender who is being placed on probation, including conditional discharge or unconditional discharge, without any sentence of incarceration, the responsible agency is the sentencing court.

(vi) For an offender who has been committed to a mental institution following an acquittal by reason of insanity, the responsible agency is the facility from which the offender is released. Specifically, the director of said facility shall notify the Department of Public Safety prior to the offender's release.

(vii) For a criminal sex offender who is being released from a jurisdiction outside this state or who has a prior conviction in another state and who is to reside in this state, the responsible agency is the Department of Public Safety.

(f) "Sex offense" means any of the following offenses:

(i) Section 97-3-53 relating to kidnapping, if the victim was below the age of eighteen (18);

(ii) Section 97-3-65 relating to rape;

(iii) Section 97-3-71 relating to rape and assault with intent to ravish;

(iv) Section 97-3-95 relating to sexual battery;

(v) Section 97-5-23 relating to the touching of a child for lustful purposes;

(vi) Section 97-5-27 relating to the dissemination of sexually oriented material to children;

(vii) Section 97-5-33 relating to the exploitation of children;

(viii) Section 97-5-41 relating to the carnal knowledge of a stepchild, adopted child or child of a cohabiting partner;

(ix) Section 97-29-59 relating to unnatural intercourse;

(x) Any other offense committed in another jurisdiction, which, if committed in this state, would be deemed to be such a crime without regard to its designation elsewhere; or

(xi) Any offense committed in another state for which registration is required in that state.

(g) "Sexual predator" means a person who has been convicted of a sex offense or offenses as described in Section 45-33-45 and who has been designated as a sexual predator according to the terms of that section.

(h) "Temporary residence" is defined as a place where the person abides, lodges, or resides for a period of fourteen (14) or more days in the aggregate during any calendar year and which is not the person's permanent address; for a person whose permanent residence is not in this state, the place where the person is employed, practices a vocation, or is enrolled as a student for any period of time in the state; or a place where a person routinely abides, lodges, or resides for a period of four (4) or more consecutive or nonconsecutive days in any month and which is not the person's permanent residence.

(i) "Department" unless otherwise specified is defined as the Mississippi Department of Public Safety.

SECTION 3. Section 45-33-25, Mississippi Code of 1972, is codified as follows:

45-33-25. Registration with Mississippi Department of Public Safety of all Convicted Sex Offenders; Registration Information.

(1) Any person residing in this state who has been convicted of any sex offense or attempted sex offense or who has been acquitted by reason of insanity for any sex offense or attempted sex offense or twice adjudicated delinquent for any sex offense or attempted sex offense shall register with the Mississippi Department of Public Safety. The department shall provide the initial registration information as well as every change of address to the sheriff of the county of the residence address of the registrant through either written notice, electronic or telephone transmissions, or online access to registration information. Further, the department shall provide this information to the Federal Bureau of Investigation. Additionally, upon notification by the registrant that he intends to reside outside the State of Mississippi, the department shall notify the appropriate state law enforcement agency of any state to which a registrant is moving or has moved.

(2) The following information shall be required for registration:

(a) Name;

(b) Address;

(c) Place of employment;

(d) Crime for which convicted;

(e) Date and place of conviction, adjudication or acquittal by reason of insanity;

(f) Aliases used;

(g) Social security number;

(h) Date of birth;

(i) Age, race, sex, height, weight, and hair and eye colors;

(j) A brief description of the offense or offenses for which the registration is required;

(k) Identifying factors;

(l) Anticipated future residence;

(m) Offense history;

(n) Photograph;

(o) Fingerprints;

(p) For sexual predators, documentation of any treatment received for any mental abnormality or personality disorder of the person;

(q) Blood sample; and

(r) Any other information deemed necessary.

(3) For purposes of this chapter, a person is considered to be residing in this state if he maintains a permanent or temporary residence as defined in Section 45-33-23, including students, temporary employees and military personnel on assignment.

SECTION 4. Section 45-33-27, Mississippi Code of 1972, is codified as follows:

45-33-27. Time Frame for Registration of Offenders.

(1) A person required to register on the basis of a conviction, adjudication of delinquency or acquittal by reason of insanity entered shall register within three (3) days of the date of judgment unless the person is immediately confined or committed, in which case the person shall register when released in accordance with the procedures established by the department. The court shall inform the person of the duty to register and obtain the information required for registration and forward the registration information to the department within three (3) days.

(2) If a person who is required to register under this section is released from prison or placed on parole or supervised release, the Department of Corrections shall perform the registration duties at the time of release and forward the registration information to the Department of Public Safety within three (3) days.

(3) If a person required to register under this section is placed on probation, the court, at the time of entering the order, shall obtain the registration information and forward the registration information to the Department of Public Safety within three (3) days.

(4) Any person required to register who is neither incarcerated, detained nor committed at the time the requirement to register shall attach shall present himself to the county sheriff who shall perform the registration duties and forward the registration information to the Department of Public Safety within three (3) days.

(5) An offender moving to or returning to this state from another jurisdiction shall notify the Department of Public Safety ten (10) days before the person first resides in or returns to a county in this state and shall register with the department within ten (10) days of first residing in or returning to a county of this state. The offender must then present himself to the sheriff of the county in which he intends to reside to provide the required registration information.

(6) A person, other than a person confined in a correctional or juvenile detention facility or involuntarily committed on the basis of mental illness, who is required to register on the basis of a sex offense for which a conviction, adjudication of delinquency or acquittal by reason of insanity was entered prior to July 1, 1995, shall register with the sheriff of the county in which he resides no later than August 15, 2000.

SECTION 5. Section 45-33-29, Mississippi Code of 1972, is codified as follows:

45-33-29. Address Change Notification.

Upon any change of address, an offender under this chapter must notify the department in writing no less than ten (10) days before he intends to first reside at the new address.

SECTION 6. Section 45-33-31, Mississippi Code of 1972, is codified as follows:

45-33-31. Reregistration.

A registrant shall reregister every ninety (90) days by submitting current information to the department verifying his registration information, including address, telephone number, place of employment, address of employment, and any other registration information that may need to be verified.

(a) The Department of Public Safety shall mail a nonforwardable verification form to the last reported address of the person every ninety (90) days.

(b) The person shall mail the verification form to the department within ten (10) days after receipt of the form verifying that the person resides at the address last reported.

(c) If the person fails to mail the verification form to the department within ten (10) days after receipt of the form, the person shall be in violation of this section.

SECTION 7. Section 45-33-33, Mississippi Code of 1972, is codified as follows:

45-33-33. Failure to Register; Penalties and Enforcement.

(1) The failure of an offender to provide any registration or other information, including, but not limited to, initial registration, reregistration or change of address information, as required by this chapter, is a violation of the law. Additionally, forgery of information or submission of information under false pretenses is also a violation of the law.

(2) Unless otherwise specified, a violation of this chapter shall be considered a felony and shall be punishable by a fine not more than Five Thousand Dollars ($5,000.00) or imprisonment in the State Penitentiary for not more than five (5) years, or both fine and imprisonment.

(3) Whenever it appears that an offender has failed to comply with the duty to register or reregister, the department shall promptly notify the sheriff of the county of the last known address of the offender. Upon notification, the sheriff shall attempt to locate the offender at his last known address.

(a) If the sheriff locates the offender he shall enforce the provisions of this chapter. The sheriff shall then notify the department with the current information regarding the offender.

(b) If the sheriff is unable to locate the offender, the sheriff shall promptly notify the department and initiate a criminal prosecution against the offender for the failure to register or reregister. The sheriff shall make the appropriate transactions into the Federal Bureau of Investigation's wanted-person database.

(4) A first violation of this chapter may result in the arrest of the offender. Upon any second or subsequent violation of this chapter, the offender shall be arrested for such violation.

SECTION 8. Section 45-33-35, Mississippi Code of 1972, is codified as follows:

45-33-35. Central Registry of Offenders; Duties of Agencies to Provide Information.

(1) The Mississippi Department of Public Safety shall maintain a central registry of sex offender information as defined in Section 45-33-25 and shall adopt rules and regulations necessary to carry out this section. The responsible agencies shall provide the information required in Section 45-33-25 on a form developed by the department to ensure accurate information is maintained.

(2) Upon conviction, adjudication or acquittal by reason of insanity of any sex offender, if the sex offender is not immediately confined or not sentenced to a term of imprisonment, the clerk of the court which convicted and sentenced the sex offender shall inform the person of the duty to register and shall perform the registration duties as described in Section 45-33-23 and forward the information to the department.

(3) Upon release from prison, placement on parole or supervised release, the Department of Corrections shall inform the person of the duty to register and shall perform the registration duties as described in Section 45-33-23 and forward the information to the Department of Public Safety.

(4) Upon release from confinement in a mental institution following an acquittal by reason of insanity, the director of the facility shall inform the offender of the duty to register and shall notify the Department of Public Safety of the offender's release.

(5) Upon release from a youthful offender facility, the director of the facility shall inform the person of the duty to register and shall perform the registration duties as described in Section 45-33-23 and forward the information to the Department of Public Safety.

(6) In addition to performing the registration duties, the responsible agency shall:

(a) Inform the person having a duty to register that:

(i) The person shall report in writing any change of address to the department ten (10) days before changing address.

(ii) Any change of address to another state shall be reported to the department in writing no less than ten (10) days before the change of address. The offender shall comply with any registration requirement in the new state.

(iii) The person must register in any state where the person is employed, carries on a vocation, is stationed in the military or is a student.

(iv) All address verifications must be returned to the department within the required time period.

(b) Require the person to read and sign a form stating that the duty of the person to register under this chapter has been explained.

(c) Obtain or facilitate the obtaining of a blood sample from every registrant as required by this chapter if such blood sample has not already been provided to the Mississippi Crime Lab.

SECTION 9. Section 45-33-37, Mississippi Code of 1972, is codified as follows:

45-33-37. DNA Identification System; Convicted Sex Offender to Provide Blood Sample for Purposes of DNA Identification Analysis.

(1) The Mississippi Crime Laboratory shall develop a plan for and establish a deoxyribonucleic acid (DNA) identification system. In implementing the plan, the Mississippi Crime Laboratory shall purchase the appropriate equipment. The DNA identification system as established herein shall be compatible with that utilized by the Federal Bureau of Investigation.

(2) From and after January 1, 1996, every individual convicted of a sex offense or in the custody of the Mississippi Department of Corrections for a sex offense as defined in Section 45-33-23 shall have a blood sample drawn for purposes of DNA identification analysis before release from or transfer to a state correctional facility or county jail or other detention facility.

(3) From and after January 1, 1996, any person having a duty to register under Section 45-33-25 for whom a DNA analysis is not already on file shall have a blood sample drawn for purposes of DNA identification analysis within five (5) working days after registration.

SECTION 10. Section 45-33-39, Mississippi Code of 1972, is codified as follows:

45-33-39. Notification to Defendant Charged with Sex Offense; Notice Included on any Guilty Plea Form and Judgement and Sentence Forms.

(1) The court shall provide written notification to any defendant charged with a sex offense as defined by this chapter of the registration requirements of Sections 45-33-25 and 45-33-31. Such notice shall be included on any guilty plea forms and judgment and sentence forms provided to the defendant. The court shall obtain a written acknowledgment of receipt on each occasion.

(2) A court imposing a sentence, disposition or order of commitment following acquittal by reason of insanity shall notify the offender of the registration requirements of Sections 45-33-25 and 45-33-31. The court shall obtain a written acknowledgment of receipt on each occasion.

SECTION 11. Section 45-33-41, Mississippi Code of 1972, is codified as follows:

45-33-41. Notification to Inmates and Offenders by Department of Corrections, County or Municipal Jails, and Juvenile Detention Facilities; Victim Notification.

(1) The Department of Corrections or any person having charge of a county or municipal jail or any juvenile detention facility shall provide written notification to an inmate or offender in the custody of the jail or other facility due to a conviction of or adjudication for a sex offense of the registration requirements of Sections 45-33-25 and 45-33-31 at the time of the inmate's or offender's confinement and release from confinement and shall receive a signed acknowledgment of receipt on both occasions.

(2) At least ten (10) days prior to the inmate's release from confinement, the Department of Corrections shall notify the victim of the offense or a designee of the immediate family of the victim regarding the date when the offender's release shall occur, provided a current address of the victim or designated family member has been furnished in writing to the Director of Records for such purpose.

SECTION 12. Section 45-33-43, Mississippi Code of 1972, is codified as follows:

45-33-43. Written Notification to Certain Applicants for a Driver's License.

At the time a person surrenders a driver's license from another jurisdiction and makes an application for a driver's license, the department shall provide the applicant with written information on the registration requirements of this chapter.

SECTION 13. Section 45-33-45, Mississippi Code of 1972, is codified as follows:

45-33-45. Sexual Predator Designation.

(1) The designation of a person as a sexual predator is neither a sentence nor a punishment, but is simply a status resulting from the conviction of certain crimes.

(2) An offender shall be designated a sexual predator in the State of Mississippi if:

(a) The offender is convicted of any of the following crimes on or after July 1, 1995.

(i) Section 97-3-65 relating to rape and carnal knowledge of a child under fourteen (14) years of age;

(ii) Section 97-3-71 relating to rape and assault with intent to ravish;

(iii) Section 97-3-95 relating to sexual battery;

(iv) Subsections (1) and (2) of Section 97-5-33 relating to the exploitation of children;

(v) Section 97-5-41 relating to the carnal knowledge of a stepchild, adopted child or child of a cohabiting partner; or

(vi) Any violation of a similar law of another jurisdiction.

(b) The offender receives two (2) separate convictions of any of the qualifying offenses as described in Section 45-33-23 as long as one (1) of the convictions was entered on or after July 1, 1995.

(c) The offender is twice adjudicated delinquent in a youth court for the crime of rape pursuant to Section 97-3-65 or sexual battery pursuant to Section 97-3-95.

(3) When an offender is before the court for sentencing for one of the above qualifying offenses, the sentencing court shall make a written finding at the time of sentencing that the offender is a sexual predator based on a first conviction for the crimes described in subsection (2)(a) above or a second conviction for any of the qualifying offenses in this chapter. The court shall submit a copy of the court order containing the written finding to the department and also to the Department of Corrections, if the offender is incarcerated.

(4) If the department, the Department of Corrections, or any other law enforcement agency obtains information suggesting an offender meets the "sexual predator" designation criteria, but has not been designated as a sexual predator in writing by the court, that agency shall notify the district attorney of the district in which the offender resides. The district attorney shall then seek a court order to obtain the designation.

(5) Any offender convicted as described in subsection (2) of this section shall be required to maintain lifetime registration without the opportunity to petition for removal from the sex offender registry.

(6) The offender will be considered a sexual predator for such convictions unless the conviction was set aside in any post-conviction proceeding or the offender received a pardon or similar relief. An offender who resides in Mississippi and who has been designated a sexual predator, a sexually violent predator or a similar designation in another state will be designated a sexual predator in the Mississippi sex offender registry.

SECTION 14. Section 45-33-47, Mississippi Code of 1972, is codified as follows:

45-33-47. Petition for Relief from Duty to Register; Grounds.

(1) A sex offender with a duty to register under Section 45-33-25 shall only be relieved of the duty under subsection (2) of this section.

(2) A person having a duty to register under Section 45-33-25 may petition the circuit court to be relieved of that duty under the following conditions:

(a) The offender has maintained his registration for not less than ten (10) years from the date of occurrence of at least one (1) of the following: release from prison, placement on parole, supervised release or probation.

(b) The offender has not been designated a sexual predator.

(3) In determining whether to release an offender from the obligation to register, the court shall consider the nature of the registerable offense committed and the criminal and relevant noncriminal behavior of the petitioner both before and after conviction. The court may relieve the offender of the duty to register only if the petitioner shows, by clear and convincing evidence, that future registration of the petitioner will not serve the purposes of this chapter.

SECTION 15. Section 45-33-49, Mississippi Code of 1972, is codified as follows:

45-33-49. Disclosure to Public; Notification of Schools and Day Care Centers; Guidelines for Sheriffs as to Notification; Maintenance of Records.

(1) Records maintained pursuant to this chapter shall be open to law enforcement agencies which shall be authorized to release relevant and necessary information regarding sex offenders to the public.

(2) The identity of a victim of an offense that requires registration under this chapter shall not be released.

(3) A sheriff shall maintain records for registrants of the county and shall make available to any person upon request the name, address, place of employment, crime for which convicted, date and place of conviction of any registrant, and any other information deemed necessary for the protection of the public. The sheriffs shall be responsible for verifying their respective registries annually against the department's records to ensure current information is available at both levels.

(4) Upon written request, the department may also provide to any person the name, address, photograph, if available, place of employment, crime for which convicted, date and place of conviction of any registrant, and any other information deemed necessary for the protection of the public. Additionally, the department may utilize an internet website or other electronic means to release the information.

(5) The Department of Education, the Mississippi Private School Association and the Department of Health shall notify all schools and licensed day care centers annually regarding the availability upon request of this information.

(6) Nothing in this section shall be construed to prevent law enforcement officers from notifying members of the public exposed to danger of any circumstances or individuals that pose a danger under circumstances that are not enumerated in this section.

(7) Nothing in this chapter shall be construed to prevent law enforcement officers from providing community notification of any circumstances or individuals that pose or could pose a danger under circumstances that are not enumerated in this chapter.

SECTION 16. Section 45-33-51, Mississippi Code of 1972, is codified as follows:

45-33-51. Misuse of Information; Penalties.

(1) Any person who willfully misuses or alters public record information relating to a sex offender or sexual predator, including information displayed by law enforcement agencies on web sites, shall be guilty of a misdemeanor and shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or imprisonment in the county jail not more than six (6) months, or both.

(2) The sale or exchange of sex offender information for profit is prohibited. Any violation of this subsection (2) is a misdemeanor and shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or imprisonment in the county jail not more than six (6) months, or both.

SECTION 17. Section 45-33-53, Mississippi Code of 1972, is codified as follows:

45-33-53. Immunity from Civil Liability; Immunity for Exercise of Discretion Under Act.

(1) An elected public official, public employee, or public agency is immune from civil liability for damages for any discretionary decision to release relevant and necessary information unless it is shown that the official, employee, or agency acted with gross negligence or in bad faith. The immunity provided under this section applies to the release of relevant information to other employees or officials or to the general public.

(2) Nothing in this chapter shall be deemed to impose any liability upon or to give rise to a cause of action against any public official, public employee, or public agency for failing to release information as authorized in this section.

(3) Notwithstanding any other provision of law to the contrary, any person who provides or fails to provide information relevant to the procedures set forth in this chapter shall not be liable therefor in any civil or criminal action. Nothing herein shall be deemed to grant any such immunity to any person for his willful or wanton act of commission or omission.

SECTION 18. Section 45-33-55, Mississippi Code of 1972, is codified as follows:

45-33-55. Exemptions for Expunction.

Except for juvenile criminal history information that has been sealed by order of the court, this chapter exempts sex offenses from laws of this state or court orders authorizing the destroying, expunging, purging or sealing of criminal history records to the extent such information is authorized for dissemination under this chapter.

SECTION 19. Section 45-33-57, Mississippi Code of 1972, is codified as follows:

45-33-57. Fees.

The Department of Public Safety may adopt regulations to establish fees to be charged for information requests.

SECTION 20. Sections 45-33-1, 45-33-3, 45-33-5, 45-33-7, 45-33-9, 45-33-11, 45-33-13, 45-33-15, 45-33-17 and 45-33-19, Mississippi Code of 1972, which deal with the registration of convicted sex offenders, are repealed.

SECTION 21. Sections 45-31-1, 45-31-3, 45-31-5, 45-31-7, 45-31-9, 45-31-11, 45-31-12, 45-31-13, 45-31-15, 45-31-17, and 45-31-19, Mississippi Code of 1972, which comprise the Sex Offense Criminal History Record Information Act, are repealed.

SECTION 22. Section 43-21-255, Mississippi Code of 1972, is amended as follows:

43-21-255. (1) Except as otherwise provided by this section, all records involving children made and retained by law enforcement officers and agencies or by the youth court prosecutor and the contents thereof shall be kept confidential and shall not be disclosed except as provided in Section 43-21-261.

(2) A child in the jurisdiction of the youth court and who has been taken into custody for an act, which if committed by an adult would be considered a felony or offenses involving possession or use of a dangerous weapon or any firearm, may be photographed or fingerprinted or both. Any law enforcement agency taking such photographs or fingerprints shall immediately report the existence and location of the photographs and fingerprints to the youth court. Copies of fingerprints known to be those of a child shall be maintained on a local basis only. Such copies of fingerprints may be forwarded to another local, state or federal bureau of criminal identification or regional depository for identification purposes only. Such copies of fingerprints shall be returned promptly and shall not be maintained by such agencies.

(3) Any law enforcement record involving children who have been taken into custody for an act, which if committed by an adult would be considered a felony and/or offenses involving possession or use of a dangerous weapon including photographs and fingerprints, may be released to a law enforcement agency supported by public funds, youth court officials and appropriate school officials without a court order under Section 43-21-261. Law enforcement records shall be released to youth court officials and to appropriate school officials upon written request. Except as provided in subsection (4) of this section, any law enforcement agency releasing such records of children in the jurisdiction of the youth court shall immediately report the release and location of the records to the youth court. The law enforcement agencies, youth court officials and school officials receiving such records are prohibited from using the photographs and fingerprints for any purpose other than for criminal law enforcement and juvenile law enforcement. Each law enforcement officer or employee, each youth court official or employee and each school official or employee receiving the records shall submit to the sender a signed statement acknowledging his or her duty to maintain the confidentiality of the records. In no instance shall the fact that such records of children in the jurisdiction of the youth court exist be conveyed to any private individual, firm, association or corporation or to any public or quasi-public agency the duties of which do not include criminal law enforcement or juvenile law enforcement.

(4) When a child's driver's license is suspended for refusal to take a test provided under the Mississippi Implied Consent Law, the law enforcement agency shall report such refusal, without a court order under Section 43-21-261, to the Commissioner of Public Safety in the same manner as such suspensions are reported in cases involving adults.

(5) All records involving a child convicted as an adult or who has been twice adjudicated delinquent for a sex offense as defined by Section 45-33-23, Mississippi Code of 1972, shall be public and shall not be kept confidential.

SECTION 23. Section 43-21-261, Mississippi Code of 1972, is amended as follows:

43-21-261. (1) Except as otherwise provided in this section, records involving children shall not be disclosed, other than to necessary staff of the youth court, except pursuant to an order of the youth court specifying the person or persons to whom the records may be disclosed, the extent of the records which may be disclosed and the purpose of the disclosure. Such court orders for disclosure shall be limited to those instances in which the youth court concludes, in its discretion, that disclosure is required for the best interests of the child, the public safety or the functioning of the youth court and then only to the following persons:

(a) The judge of another youth court or member of another youth court staff;

(b) The court of the parties in a child custody or adoption cause in another court;

(c) A judge of any other court or members of another court staff;

(d) Representatives of a public or private agency providing supervision or having custody of the child under order of the youth court;

(e) Any person engaged in a bona fide research purpose, provided that no information identifying the subject of the records shall be made available to the researcher unless it is absolutely essential to the research purpose and the judge gives prior written approval, and the child, through his or her representative, gives permission to release the information;

(f) The Mississippi Employment Security Commission, or its duly authorized representatives, for the purpose of a child's enrollment into the Job Corps Training Program as authorized by Title IV of the Comprehensive Employment Training Act of 1973 (29 USCS Section 923 et seq.). However, no records, reports, investigations or information derived therefrom pertaining to child abuse or neglect shall be disclosed; and

(g) To any person pursuant to a finding by a judge of the youth court of compelling circumstances affecting the health or safety of a child and that such disclosure is in the best interests of the child.

Law enforcement agencies may disclose information to the public concerning the taking of a child into custody for the commission of a delinquent act without the necessity of an order from the youth court. The information released shall not identify the child or his address unless the information involves a child convicted as an adult.

(2) Any records involving children which are disclosed under an order of the youth court and the contents thereof shall be kept confidential by the person or agency to whom the record is disclosed except as provided in the order. Any further disclosure of any records involving children shall be made only under an order of the youth court as provided in this section.

(3) Upon request, the parent, guardian or custodian of the child who is the subject of a youth court cause or any attorney for such parent, guardian or custodian, shall have the right to inspect any record, report or investigation which is to be considered by the youth court at a hearing, except that the identity of the reporter shall not be released, nor the name of any other person where the person or agency making the information available finds that disclosure of the information would be likely to endanger the life or safety of such person.

(4) Upon request, the child who is the subject of a youth court cause shall have the right to have his counsel inspect and copy any record, report or investigation which is filed with the youth court.

(5) (a) The youth court prosecutor or prosecutors, the county attorney, the district attorney, the youth court defender or defenders, or any attorney representing a child shall have the right to inspect any law enforcement record involving children.

(b) The Department of Human Services shall disclose to a county prosecuting attorney or district attorney any and all records resulting from an investigation into suspected child abuse or neglect when the case has been referred by the Department of Human Services to the county prosecuting attorney or district attorney for criminal prosecution.

(c) Agency records made confidential under the provisions of this section may be disclosed to a court of competent jurisdiction.

(6) Information concerning an investigation into a report of child abuse or child neglect may be disclosed by the Department of Human Services without order of the youth court to any attorney, physician, dentist, intern, resident, nurse, psychologist, social worker, child care giver, minister, law enforcement officer, public or private school employee making that report pursuant to Section 43-21-353(1) if the reporter has a continuing professional relationship with the child and a need for such information in order to protect or treat the child.

(7) Information concerning an investigation into a report of child abuse or child neglect may be disclosed without further order of the youth court to any interagency child abuse task force established in any county or municipality by order of the youth court of that county or municipality.

(8) Names and addresses of juveniles twice adjudicated as delinquent for an act which would be a felony if committed by an adult or for the unlawful possession of a firearm shall not be held confidential and shall be made available to the public.

(9) Names and addresses of juveniles adjudicated as delinquent for murder, manslaughter, burglary, arson, armed robbery, aggravated assault, any sex offense as defined in Section 45-33-23, for any violation of Section 41-29-139(a)(1) or for any violation of Section 63-11-30, shall not be held confidential and shall be made available to the public.

(10) The judges of the circuit and county courts, and presentence investigators for the circuit courts, as provided in Section 47-7-9, shall have the right to inspect any youth court records of a person convicted of a crime for sentencing purposes only.

(11) The victim of an offense committed by a child who is the subject of a youth court cause shall have the right to be informed of the child's disposition by the youth court.

(12) The Classification Committee of the State Department of Corrections, as provided in Section 47-5-103, shall have the right to inspect any youth court records, excluding abuse and neglect records, of any offender in the custody of the department who as a child or minor was a juvenile offender or was the subject of a youth court cause of action, and the State Parole Board, as provided in Section 47-7-17, shall have the right to inspect such records when said offender becomes eligible for parole.

(13) The youth court shall notify the Department of Public Safety of the name, and any other identifying information such department may require, of any child who is adjudicated delinquent as a result of a violation of the Uniform Controlled Substances Law.

(14) The Administrative Office of Courts shall have the right to inspect any youth court records in order that the number of youthful offenders, abused, neglected, truant and dependent children, as well as children in need of special care and children in need of supervision, may be tracked with specificity through the youth court and adult justice system, and to utilize tracking forms for such purpose.

(15) Upon a request by a youth court, the Administrative Office of Courts shall disclose all information at its disposal concerning any previous youth court intakes alleging that a child was a delinquent child, child in need of supervision, child in need of special care, truant child, abused child or neglected child, as well as any previous youth court adjudications for the same and all dispositional information concerning a child who at the time of such request comes under the jurisdiction of the youth court making such request.

(16) In every case where an abuse or neglect allegation has been made, the confidentiality provisions of this section shall not apply to prohibit access to a child's records by any state regulatory agency, any state or local prosecutorial agency or law enforcement agency; provided, however, that no identifying information concerning the child in question may be released to the public by such agency except as otherwise provided herein.

(17) In every case where there is any indication or suggestion of either abuse or neglect and a child's physical condition is medically labeled as medically "serious" or "critical" or a child dies, the confidentiality provisions of this section shall not apply.

(18) Any member of a foster care review board designated by the Department of Human Services shall have the right to inspect youth court records relating to the abuse, neglect or child in need of supervision cases assigned to such member for review.

SECTION 24. Section 37-3-51, Mississippi Code of 1972, is amended as follows:

37-3-51. (1) Upon the conviction of any certificated personnel as defined in Section 37-19-7, employed by a public or private elementary or secondary school, of any felony, or of a sex offense as defined in subsection (2) of this section, the district attorney or other prosecuting attorney shall identify those defendants for the circuit clerk. Each circuit clerk shall provide the State Department of Education with notice of the conviction of any such personnel of a felony or a sex offense.

(2) "Sex offense" shall mean any of the following offenses:

(a) Section 97-3-65, Mississippi Code of 1972, relating to the carnal knowledge of a child under fourteen (14) years of age;

(b) Section 97-3-95, Mississippi Code of 1972, relating to sexual battery;

(c) Section 97-5-21, Mississippi Code of 1972, relating to seduction of a child under age eighteen (18);

(d) Section 97-5-23, Mississippi Code of 1972, relating to the touching of a child for lustful purposes;

(e) Section 97-5-27, Mississippi Code of 1972, relating to the dissemination of sexually oriented material to children;

(f) Section 97-5-33, Mississippi Code of 1972, relating to the exploitation of children;

(g) Section 97-5-41, Mississippi Code of 1972, relating to the carnal knowledge of a stepchild, adopted child, or child of a cohabitating partner;

(h) Section 97-29-59, Mississippi Code of 1972, relating to unnatural intercourse; or

(i) Any other offense committed in another jurisdiction which, if committed in this state, would be deemed to be such a crime without regard to its designation elsewhere.

(3) In addition, the State Department of Education is considered to be the employer of such personnel for purposes of requesting a criminal * * * record background checks.

SECTION 25. Section 43-16-9, Mississippi Code of 1972, is amended as follows:

43-16-9. Such notification shall be filed by the executive director of the child residential home to the department upon forms provided by the department and shall contain the following information:

(a) Name, street address, mailing address and phone number of the home.

(b) Name of the executive director and all staff members of the home.

(c) Name and description of the agency or organization operating the home, which shall include a statement as to whether or not the agency or organization is incorporated.

(d) Name and address of the sponsoring organization of the home, if applicable.

(e) The names of all children living at the home which shall include the following personal data:

(i) Full name and a copy of the child's birth certificate;

(ii) Name and address of parent(s) or guardian(s); and

(iii) Name and address of other nearest relative.

(f) School(s) attended by the children served by such home.

(g) Fire department or State Fire Marshal inspection certificate.

(h) Local health department inspection certificate.

(i) Proof, to be shown by the sworn affidavit of the executive director of the home, that the home has * * * performed (i) * * * criminal * * * record background checks, and (ii) felony conviction record information checks on all employees, prospective employees, volunteers and prospective volunteers at such home, and that such records are maintained to the extent permitted by law, for every such employee, prospective employee, volunteer and prospective volunteer.

(j) Proof, to be shown by the sworn affidavit of the executive director of the home, that medical records are maintained for each child.

SECTION 26. Section 43-20-8, Mississippi Code of 1972, is amended as follows:

43-20-8. (1) The licensing agency shall have powers and duties as set forth below in addition to other duties prescribed under this chapter:

(a) Promulgate rules and regulations concerning the licensing and regulation of child care facilities as defined herein;

(b) Have the authority to issue, deny, suspend, revoke, restrict or otherwise take disciplinary action against licensees as provided for in this chapter;

(c) Set and collect fees and penalties as provided for in this chapter; and

(d) Have such other powers as may be required to carry out the provisions of this chapter.

(2) Child care facilities shall assure that parents have welcome access to the child care facility at all times.

(3) Child care facilities shall require that, for any current or prospective caregiver, current * * * criminal records background checks and current child abuse registry checks are obtained * * *. In order to determine the applicant's suitability for employment, the applicant shall be fingerprinted. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Department of Public Safety to the FBI for a national criminal history record check.

(4) The licensing agency shall require to be performed a felony conviction records check, a sex offense criminal records check and a child abuse registry check for any owner/operator of a child care facility and any person living in a residence used for child care. In order to determine the applicant's suitability for employment, the applicant shall be fingerprinted. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Department of Public Safety to the FBI for a national criminal history record check.

SECTION 27. Section 43-20-57, Mississippi Code of 1972, is amended as follows:

43-20-57. (1) No person shall knowingly maintain a family child care home if, in such family child care home, there resides, works or regularly volunteers any person who:

(a) (i) Has a felony conviction for a crime against persons;

(ii) Has a felony conviction under the Uniform Controlled Substances Act;

(iii) Has a conviction for a crime of child abuse or neglect;

(iv) Has a conviction for any sex offense as defined in Section 45-33-23, Mississippi Code of 1972; or

(v) Any other offense committed in another jurisdiction or any federal offense which, if committed in this state, would be deemed to be such a crime without regard to its designation elsewhere;

(b) Has been adjudicated a juvenile offender because of having committed an act which if done by an adult would constitute the commission of a felony and which is a crime against persons;

(c) Has had a child declared in a court order in this or any other state to be deprived or a child in need of care based on an allegation of physical, mental or emotional abuse or neglect or sexual abuse;

(d) Has had parental rights terminated pursuant to Section 93-15-101 et seq., Mississippi Code of 1972; or

(e) Has an infectious or contagious disease, as defined by the State Department of Health pursuant to Section 41-23-1, Mississippi Code of 1972.

(2) No person shall maintain a family child care home if such person has been found to be a disabled person in need of a guardian or conservator, or both.

(3) Any person who resides in the home and who has been found to be a disabled person in need of a guardian or conservator, or both, shall be included in the total number of children allowed in care.

(4) In accordance with the provision of this subsection (4), the State Department of Health shall have access to any court orders or adjudications of any court of record, any records of such orders or adjudications, criminal history record information in the possession of the Mississippi Highway Safety Patrol or court of this state concerning persons working, regularly volunteering or residing in a family child care home. The department shall have access to these records for the purpose of determining whether or not the home meets the requirements of Sections 43-20-51 through 43-20-65.

(5) No family child care home or its employees shall be liable for civil damages to any person refused employment or discharged from employment by reason of such home's compliance with the provisions of this section if such home acts in good faith to comply with this section.

SECTION 28. Section 43-21-623, Mississippi Code of 1972, is amended as follows:

43-21-623. Any juvenile who is adjudicated a delinquent on or after July 1, 1994, as a result of committing a sex offense as defined in Section 45-33-23 or any offense involving the crime of rape and placed in the custody of the Mississippi Department of Human Services, Office of Youth Services, shall be tested for HIV and AIDS. Such tests shall be conducted by the State Department of Health in conjunction with the Office of Youth Services, Mississippi Department of Human Services at the request of the victim or the victim's parents or guardian if the victim is a juvenile. The results of any positive HIV or AIDS tests shall be reported to the victim or the victim's parents or guardian if the victim is a juvenile as well as to the adjudicated offender. The State Department of Health shall provide counseling and referral to appropriate treatment for victims of a sex offense when the adjudicated offender tested positive for HIV or AIDS if the victim so requests.

SECTION 29. Section 99-19-201, Mississippi Code of 1972, is amended as follows:

99-19-201. The following terms shall have the meanings ascribed to them herein unless the context requires otherwise:

(a) "AIDS" means acquired immunodeficiency syndrome, AIDS related complex and any similar disease.

(b) "HIV" means the human immunodeficiency virus or any other identified causative agent of AIDS.

(c) "Sex offense" means any offense described in Section 45-33-23 or any offense involving the crime of rape.

(d) "Test" means a test to determine the presence of the AIDS disease or the presence of the antibody or antigen to HIV or the presence of HIV infection.

SECTION 30. This act shall take effect and be in force from and after July 1, 2000.