2005 Regular Session
To: Judiciary A
By: Representative Gunn
AN ACT TO AMEND SECTION 41-21-65, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT COMMITMENT PROCEEDINGS WILL BE INITIATED WITHOUT REGARD TO THE PERSON'S COUNTY OF RESIDENCE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-21-65, Mississippi Code of 1972, is amended as follows:
41-21-65. If any person shall be alleged to be in need of treatment, any relative of the person, or any interested person, may make affidavit of that fact and shall file the affidavit with the clerk of the chancery court of the county in which the person alleged to be in need of treatment resides or of the county in which such person is found, posting with the clerk a reasonable sum for court costs in the premises if financially able. * * * The affidavit shall be filed in duplicate. The affidavit shall set forth the name and address of the proposed patient's nearest relatives, if known, and the reasons for the affidavit. The affidavit must contain factual descriptions of the proposed patient's recent behavior, including a description of the behavior, where it occurred, and over what period of time it occurred. Each factual allegation must be supported by observations of witnesses named in the affidavit. Affidavits shall be stated in behavioral terms and shall not contain judgmental or conclusory statements.
SECTION 2. This act shall take effect and be in force from and after July 1, 2005.