2004 Regular Session
To: Judiciary B
By: Representative Moore, Barnett, Chism, Ellington, Fillingane, Formby, Gunn, Janus, Martinson, Mims, Nicholson, Reeves, Simpson, Snowden, Staples, Turner, Zuber
AN ACT TO REQUIRE PERSONS CONVICTED OF SEX CRIMES TO DISCLOSE SUCH INFORMATION TO A VOLUNTEER ORGANIZATION BEFORE EMPLOYMENT PARTICIPATION; TO AMEND SECTION 45-33-49, MISSISSIPPI CODE OF 1972, TO REQUIRE DISCLOSURE OF SEX CRIME OFFENDER INFORMATION TO VOLUNTEER ORGANIZATION, REGARDING OFFENDERS SEEKING EMPLOYMENT OR PARTICIPATION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Any person who applies for employment or who volunteers services for any volunteer organization shall disclose any conviction for a sex crime to the organization. The organization shall supply such information to the membership of the organization. Any person who does not disclose such information to a volunteer organization shall be terminated from employment or terminated from volunteer participation.
SECTION 2. Section 45-33-49, Mississippi Code of 1972, is amended as follows:
45-33-49. (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. The sheriffs shall provide registry information to all volunteer organizations in their respective counties. Such volunteer organizations shall disclose information to their membership regarding any registrant who seeks employment or participation in a volunteer organization. Any person employed by a volunteer organization who does not disclose such information shall be dismissed from such employment or participation.
(4) Upon written request, the department may also provide to any person the name, address, photograph, if available, date of photograph, place of employment, crime for which convicted, date and place of conviction of any registrant, hair, eye color, height, race, sex and date of birth 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 3. This act shall take effect and be in force from and after July 1, 2004.