MISSISSIPPI LEGISLATURE
2004 Regular Session
To: Public Health and Welfare
By: Senator(s) Nunnelee
AN ACT TO CODIFY SECTIONS 43-15-301 THROUGH 43-15-311, MISSISSIPPI CODE OF 1972, TO PROHIBIT PERSONS CONVICTED OF CERTAIN OFFENSES FROM EMPLOYMENT OR VOLUNTEER SERVICE AT ANY CHILD CARE SERVICE, FACILITY, SCHOOL, INSTITUTION OR RESIDENTIAL HOME NOT LICENSED OR ACCREDITED BY THE STATE OF MISSISSIPPI; TO PROVIDE FOR MANDATORY FINGERPRINTS FOR ALL SUCH APPLICANTS AT CHILD CARE SERVICES; TO DEFINE THOSE OFFENSES BARRING EMPLOYMENT OR VOLUNTEER SERVICE; TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following provision shall be codified as Section 43-15-301, Mississippi Code of 1972:
43-15-301. (1) As used in this act:
(a) "Child care service" means any employment or volunteer service involving the care, instruction or guidance of minor children, including, but not limited to, service as a teacher, coach or worker of any type in child athletics, a daycare worker, boy or girl scout leader or master or worker, summer camp counselor or worker, guidance counselor or school administrator. It shall not include any employment or volunteer service at a child care facility, institution, residential home which is licensed by the State of Mississippi and required to conduct criminal record background checks for employees and volunteers, or any public school or accredited private school required to conduct criminal record background checks under Section 37-9-17.
(b) "Employer" means every person, firm, association, partnership or corporation offering or conducting child care services as defined in Section (1)(a) of this section.
(c) "Applicant" means any person who is being considered for employment or for a volunteer by an employer.
(d) "Convicted" means any adjudicated finding of guilt, any adjudicated finding that the applicant is physically or mentally incompetent, any adjudicated finding that the applicant is not guilty by reason of insanity, or any plea of nolo contendere.
SECTION 2. The following provision shall be codified as Section 43-15-303, Mississippi Code of 1972:
43-15-303. (1) Every employer offering or conducting a child care service shall require each applicant for employment or volunteer to submit two (2) sets of fingerprints prepared for submittal by the employer to the Attorney General's Office for the purpose of obtaining criminal record summary information from the Attorney General's Office and the Federal Bureau of Investigation.
(2) Upon receiving the identification cards, the Attorney General's Office shall ascertain whether the applicant has been arrested or convicted of any crime insofar as the fact can be ascertained from the information available to the office and forward the information to the employer submitting the fingerprints not more than twenty (20) working days after receiving the identification cards.
(3) An employer shall not employ or permit an applicant to volunteer until the Attorney General's Office completes its check of the applicant's criminal history file, both in this jurisdiction and other jurisdictions, as set forth in this act.
SECTION 3. The following provision shall be codified as Section 43-15-305, Mississippi Code of 1972:
43-15-305. (1) An employer offering or conducting a child care service shall not employ or permit to volunteer an applicant convicted of any felony prohibited under any of the following provisions of the Mississippi statutes or under any similar statute of another jurisdiction:
(a) All felonious crimes contained in Chapter 3 of Title 97, Mississippi Code of 1972, relating to crimes against the person.
(b) All felonious crimes contained in Chapter 5 of Title 97, Mississippi Code of 1972, relating to offenses affecting children.
(c) All felonious crimes contained in Chapter 29 of Title 97, Mississippi Code of 1972, relating to crimes against public morals and decency.
(d) All felonious crimes contained in Chapter 35 of Title 97, Mississippi Code of 1972, relating to crimes against public peace and safety.
(e) All felonious crimes contained in Chapter 37 of Title 97, Mississippi Code of 1972, relating to weapons and explosives.
(f) All felonious crimes contained in Chapter 41 of Title 97, Mississippi Code of 1972, relating to cruelty to animals.
(2) An employer offering or conducting a child care service shall not employ or permit to volunteer an applicant convicted of any misdemeanor prohibited under any of the following provisions of the Mississippi statutes or under any similar state of another jurisdiction:
(a) Section 97-5-39(1), relating to the contribution to the neglect or delinquency of any child.
(b) Section 97-27-31, relating to the sale of poisons to minors.
(c) Section 97-29-31, relating to indecent exposure.
(d) Section 97-29-43, relating to the teaching of polygamy.
(e) Section 97-29-45, relating to obscene telephone communications.
(f) Section 97-29-101, relating to the distribution of obscene materials.
(g) Section 97-29-105, relating to the distribution of unlawful sexual devices.
(h) Section 97-35-11, relating to the disturbance of another by abusive language or indecent exposure.
SECTION 4. The following provision shall be codified as Section 43-15-307, Mississippi Code of 1972:
43-15-307. (1) An employer offering or conducting a child care service may employ or permit to volunteer an applicant who was convicted of a misdemeanor prohibited under any of the following provisions of the Mississippi statutes or under any similar state of another jurisdiction if at least two (2) years has expired from the time of discharge from any sentence:
(a) Section 97-29-19, relating to the disinterment of dead bodies.
(b) Section 97-29-23, relating to the opening of graves.
(c) Section 97-29-25, relating to the desecration of cemeteries.
(d) Section 97-29-47, relating to public profanity or drunkenness.
(e) Section 97-35-1, relating to disorderly conduct, intoxication or drinking intoxicating liquors on buses.
(2) An employer offering or conducting a child care service may employ or permit to volunteer an applicant who was convicted of a misdemeanor prohibited under any of the following provisions of the Mississippi statutes or under any similar state of another jurisdiction if at least eight (8) years has expired from the time of discharge from any sentence:
(a) Section 97-37-13, relating to providing weapons to minors or intoxicated persons.
(b) Section 97-37-15, relating to parental duty to prevent children from carrying concealed weapons.
(c) Section 97-41-1, relating to cruelty to animals.
(d) Section 97-41-5, relating to carrying an animal in a cruel manner.
(e) Section 97-41-7, relating to confinement depriving creatures of food or water.
(f) Section 97-41-9, relating to the failure to feed or sustain an animal.
(g) Section 97-41-11, relating to the fighting of animals.
(h) Section 97-41-16, relating to maliciously injuring dogs.
(i) Section 97-41-17, relating to the poisoning of animals.
(j) Section 97-41-21, relating to the harassment of guide dogs.
SECTION 5. The following provision shall be codified as Section 43-15-309, Mississippi Code of 1972:
43-15-309. An employer offering or conducting a child care service may not knowingly employ or permit to volunteer an applicant who is suffering from habitual drunkenness or from narcotic addiction or dependence.
SECTION 6. The following provision shall be codified as Section 43-15-310, Mississippi Code of 1972:
43-15-310. A person who would be prohibited from employment or volunteer service by a child care service provider pursuant to this act may not, on or after November 1,2004, own or operate a child care service as defined by Section 1 of this act.
SECTION 7. The following provision shall be codified as Section 43-15-311, Mississippi Code of 1972:
43-15-311. (1) An applicant is guilty of a felony if, having been convicted of one or more paragraphs of Section 43-15-305, he knowingly undertakes employment or volunteer service of any type involving the care, instruction or guidance of minor children. Upon conviction under subsection (1) of this section, a person shall be imprisoned in the State Penitentiary for not less than five (5) years but no greater than fifteen (15) years.
(2) An applicant is guilty of a felony if, having been convicted of one or more paragraphs of Section 43-15-305, he knowingly fails to provide information of such conviction when applying or volunteering for service or employment of any type involving the care, instruction or guidance of minor children. Upon conviction under subsection (3) of this section, a person shall be imprisoned in the State Penitentiary for not less than one (1) year but no greater than five (5) years.
SECTION 8. This act shall take effect and be in force from and after July 1, 2004.