House Bill 1078

AN ACT TO AMEND SECTIONS 45-33-25, 45-33-27, 45-33-29 AND 45-33-33, MISSISSIPPI CODE OF 1972, TO ASSESS A FEE FROM REGISTERED SEX OFFENDERS TO PROVIDE PUBLIC NOTIFICATION TO THE PUBLIC REGARDING THE PRESENCE OF SUCH OFFENDERS; TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL PROMULGATE RULES AND REGULATIONS NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ACT; TO PROHIBIT SEX OFFENDERS FROM ESTABLISHING RESIDENCY NEAR SCHOOLS, DAY CARE CENTERS, PARKS OR CERTAIN OTHER AREAS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 45-33-25, Mississippi Code of 1972, is amended as follows:

45-33-25. (1) (a) Any person residing in this state who has been convicted of any sex offense or attempted sex offense or who has been acquitted by reason of insanity for any sex offense or attempted sex offense or twice adjudicated delinquent for any sex offense or attempted sex offense shall register with the Mississippi Department of Public Safety. Registration shall not be required for an offense that is not a registrable sex offense. The department shall provide the initial registration information as well as every change of address to the sheriff of the county of the residence address of the registrant through either written notice, electronic or telephone transmissions, or online access to registration information. Further, the department shall provide this information to the Federal Bureau of Investigation. Additionally, upon notification by the registrant that he intends to reside outside the State of Mississippi, the department shall notify the appropriate state law enforcement agency of any state to which a registrant is moving or has moved.

(b) The department shall require registered sex offenders to pay a fee in an amount determined by the department which shall be used to provide notification to the public of the presence of the sex offender. The notification shall be in a newspaper of general circulation in the area where the registered sex offender resides and shall provide the name, address, offense for which the offender was convicted and the date of the offender's release. The department shall promulgate rules and regulations necessary to carry out the provisions of this paragraph.

(2) Any person required to register under this chapter shall submit the following information at the time of registration:

(a) Name, including a former name which has been legally changed;

(b) Street address;

(d) Crime for which convicted;

(e) Date and place of conviction, adjudication or acquittal by reason of insanity;

(f) Aliases used;

(g) Social security number;

(h) Date and place of birth;

(i) Age, race, sex, height, weight, and hair and eye colors;

(j) A brief description of the offense or offenses for which the registration is required;

(k) Identifying factors;

(l) Anticipated future residence;

(m) Offense history;

(n) Photograph;

(o) Fingerprints;

(p) Documentation of any treatment received for any mental abnormality or personality disorder of the person;

(q) Biological sample;

(r) Name of any institution of higher learning at which the offender is employed, carries on a vocation (with or without compensation) or is enrolled as a student; and

(s) Any other information deemed necessary.

(3) For purposes of this chapter, a person is considered to be residing in this state if he maintains a permanent or temporary residence as defined in Section 45-33-23, including students, temporary employees and military personnel on assignment.

(4) Any person required to register under this chapter shall not establish a permanent or temporary residence in this state within one thousand five hundred (1500) feet of any school, school property, day care center, park or other area where children may be present. Failure to comply with the provisions of this subsection shall be a violation of this chapter.

SECTION 2. Section 45-33-27, Mississippi Code of 1972, is amended as follows:

45-33-27. (1) A person required to register on the basis of a conviction, adjudication of delinquency or acquittal by reason of insanity entered shall register by appearing in person at a Department of Public Safety Driver's License Station within three (3) days of the date of judgment unless the person is immediately confined or committed, in which case the person shall register when released in accordance with the procedures established by the department.

(2) If a person who is required to register under this section is released from prison or placed on parole or supervised release, the Department of Corrections shall perform the registration duties at the time of release and forward the registration information to the Department of Public Safety within ten (10) days. The person is also required to personally appear at a Department of Public Safety Driver's License Station within ten (10) days of release.

(3) If a person required to register under this section is placed on probation, the court, at the time of entering the order, shall inform the person of the duty to register, obtain the registration information and forward the registration information to the Department of Public Safety within ten (10) days. The person is also required to personally appear at a Department of Public Safety Driver's License Station within ten (10) days of the entry of the order.

(4) Any person required to register who is neither incarcerated, detained nor committed at the time the requirement to register shall attach shall present himself to the county sheriff who shall perform the registration duties and forward the registration information to the Department of Public Safety within ten (10) days. The person is also required to personally appear at a Department of Public Safety Driver's License Station within ten (10) days of the time the requirement to register attaches.

(5) An offender moving to or returning to this state from another jurisdiction shall notify the Department of Public Safety ten (10) days before the person first resides in or returns to a county in this state and shall register with the department within ten (10) days of first residing in or returning to a county of this state. The offender must then present himself to the sheriff of the county in which he intends to reside to provide the required registration information. The person is also required to personally appear at a Department of Public Safety Driver's License Station within ten (10) days of first residing in or moving to a county of this state.

(6) A person, other than a person confined in a correctional or juvenile detention facility or involuntarily committed on the basis of mental illness, who is required to register on the basis of a sex offense for which a conviction, adjudication of delinquency or acquittal by reason of insanity was entered prior to July 1, 1995, shall register with the sheriff of the county in which he resides no later than August 15, 2000.

(7) Every person required to register shall show proof of domicile in this state. The commissioner shall promulgate any rules and regulations necessary to enforce this requirement and shall prescribe the means by which such person may show domicile in this state.

(8) Any driver's license photograph, I.D. photograph, sex offender photograph, finger print, driver's license application and/or anything submitted to the Department of Public Safety by a known convicted sex offender, registered or not registered, can be used by the Department of Public Safety or any other authorized law enforcement agency for any means necessary in registration, identification, investigation regarding their tracking or identification.

(9) Every person required to register shall comply with the provisions of Section 45-33-25(1)(b).

SECTION 3. Section 45-33-29, Mississippi Code of 1972, is amended as follows:

45-33-29. (1) Upon any change of address, an offender required to register under this chapter is required to personally appear at a Department of Public Safety Driver's License Station not less than ten (10) days before he intends to first reside at the new address.

(2) Upon any change in the status of a registrant's employment or vocation at any institution of higher learning, the offender is required to personally appear at a Department of Public Safety Driver's License Station within ten (10) days of the change.

(3) Upon any change of address, the registrant shall comply with the provisions of Section 45-33-25(1)(b).

SECTION 4. Section 45-33-33, Mississippi Code of 1972, is amended as follows:

45-33-33. (1) The failure of an offender to personally appear at a Department of Public Safety Driver's License Station or to provide any registration or other information including, but not limited to, initial registration, reregistration or change of address information, or required notification to a volunteer organization, or pay the fee provided in Section 45-33-25(1)(b), as required by this chapter, is a violation of the law. Additionally, forgery of information or submission of information under false pretenses is also a violation of the law.

(2) Unless otherwise specified, a violation of this chapter shall be considered a felony and shall be punishable by a fine not more than Five Thousand Dollars ($5,000.00) or imprisonment in the State Penitentiary for not more than five (5) years, or both fine and imprisonment.

(3) Whenever it appears that an offender has failed to comply with the duty to register or reregister, the department shall promptly notify the sheriff of the county of the last known address of the offender. Upon notification, the sheriff shall attempt to locate the offender at his last known address.

(a) If the sheriff locates the offender, he shall enforce the provisions of this chapter. The sheriff shall then notify the department with the current information regarding the offender.

(b) If the sheriff is unable to locate the offender, the sheriff shall promptly notify the department and initiate a criminal prosecution against the offender for the failure to register or reregister. The sheriff shall make the appropriate transactions into the Federal Bureau of Investigation's wanted-person database.

(4) A first violation of this chapter may result in the arrest of the offender. Upon any second or subsequent violation of this chapter, the offender shall be arrested for such violation.

(5) Any prosecution for a violation of this section shall be brought by a prosecutor in the county of such violation.

(6) The Commissioner of Public Safety or his authorized agent shall suspend the driver's license of any offender failing to comply with the duty to report, register or reregister.

SECTION 5. This act shall take effect and be in force from and after its passage.