House Bill 1399

(As Sent to Governor)

AN ACT TO AMEND SECTION 43-21-561, MISSISSIPPI CODE OF 1972, TO DELETE THE PROVISION THAT PROHIBITS YOUTH COURTS FROM RECITING ANY OF THE FACTS OR CIRCUMSTANCES UPON WHICH AN ADJUDICATION IS BASED IN YOUTH COURT ORDERS; TO PROVIDE FOR ADDITIONAL CATEGORIES OF ADJUDICATION FOR YOUTH COURTS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 43-21-561, Mississippi Code of 1972, is amended as follows:

43-21-561. (1) If the youth court finds on proof beyond a reasonable doubt that a child is a delinquent child or a child in need of supervision, the youth court shall enter an order adjudicating the child to be a delinquent child or a child in need of supervision.

(2) Where the petition alleges that the child is a delinquent child, the youth court may enter an order that the child is a child in need of supervision on proof beyond a reasonable doubt that the child is a child in need of supervision.

(3) If the court finds from a preponderance of the evidence that the child is a neglected child or an abused child, the youth court shall enter an order adjudicating the child to be a neglected child or an abused child.

(4) No decree or order of adjudication concerning any child shall * * * recite that a child has been found guilty; but it shall recite * * * that a child is found to be a delinquent child or a child in need of supervision or a neglected child or an abused child or a sexually abused child or a dependent child. Upon a written motion by a party, the youth court shall make written findings of fact and conclusions of law upon which it relies for the adjudication that the child is a delinquent child or a child in need of supervision or a neglected child or an abused child.

(5) No adjudication upon the status of any child shall operate to impose any of the civil disabilities ordinarily imposed on an adult because of a criminal conviction, nor shall any child be deemed a criminal by reason of adjudication, nor shall that adjudication be deemed a conviction. A person in whose interest proceedings have been brought in the youth court may deny, without any penalty, the existence of those proceedings and any adjudication made in those proceedings. Except for the right of a defendant or prosecutor in criminal proceedings and a respondent or a youth court prosecutor in youth court proceedings to cross-examine a witness, including a defendant or respondent, to show bias or interest, no adjudication shall be used for impeachment purposes in any court.

SECTION 2. This act shall take effect and be in force from and after July 1, 2002.