2005 Regular Session
To: Judiciary, Division B
By: Senator(s) Little
AN ACT TO AMEND SECTION 93-21-113, MISSISSIPPI CODE OF 1972, TO AUTHORIZE DIVERSION OF DOMESTIC VIOLENCE OFFENDERS IN MUNICIPAL COURT FOR TREATMENT AS IS ALLOWED FOR THOSE CASES IN OTHER COURTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 93-21-113, Mississippi Code of 1972, is amended as follows:
93-21-113. Domestic violence shelters through their employees and officials shall, on every occasion other than the initial request for assistance, report to the district attorney, the county attorney, the municipal prosecuting attorney, the appropriate law enforcement official, or other state agencies, any occurrence or instance coming to their attention which would involve the commission of a crime or the failure to perform or render a service or assistance to a victim of domestic violence when required by law to do so.
Every county attorney, district attorney, municipal prosecuting attorney or other appropriate law enforcement official who, having had reported to him a case of domestic violence, if the facts submitted be sufficient, shall immediately file charges against the offender on the behalf of the victim. Such prosecutor * * * in plea bargaining with the offender may enter into an agreement whereby the offender shall receive counseling in lieu of further prosecution, and if the offender shall successfully attend counseling as agreed upon for the period of time agreed upon, the county attorney, district attorney or municipal prosecuting attorney, as the case may be, shall pass the case to the file.
No county attorney, district attorney or municipal prosecuting attorney shall grant counseling in lieu of prosecution to the same offender more than once.
SECTION 2. This act shall take effect and be in force from and after its passage.