2007 Regular Session
To: Judiciary B
By: Representative Smith (39th)
AN ACT TO AMEND SECTIONS 45-27-1 AND 45-27-7, MISSISSIPPI CODE OF 1972, TO CLARIFY WHICH DOCUMENTS SUBMITTED TO THE JUSTICE INFORMATION CENTER MAY BE CONSIDERED AS ORIGINALS; TO FACILITATE THE PRACTICAL USE OF SUCH DOCUMENTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 45-27-1, Mississippi Code of 1972, is amended as follows:
45-27-1. The Legislature finds and declares that a more effective administrative structure now is required to control the collection, storage, dissemination and use of criminal offender record information. These improvements in the organization and control of criminal offender record-keeping are imperative both to strengthen the administration of criminal justice and to assure appropriate protection of rights of individual privacy. The purposes of this chapter are (a) to control and coordinate criminal offender record-keeping within this state; (b) to assure periodic reporting to the Governor and Legislature concerning such record-keeping; * * * (c) to establish a more effective administrative structure for the collection, maintenance, retrieval and dissemination of criminal history record information described in this chapter, consistent with those principles of scope and security prescribed by this chapter and (d) to facilitate the practical use of criminal offender record information by and within the criminal justice system of this state.
SECTION 2. Section 45-27-7, Mississippi Code of 1972, is amended as follows:
45-27-7. (1) The Mississippi Justice Information Center shall:
(a) Develop, operate and maintain an information system which will support the collection, storage, retrieval and dissemination of all data described in this chapter, consistent with those principles of scope, security and responsiveness prescribed by this chapter.
(b) Cooperate with all criminal justice agencies within the state in providing those forms, procedures, standards and related training assistance necessary for the uniform operation of the statewide center.
(c) Offer assistance and, when practicable, instruction to all local law enforcement agencies in establishing efficient local records systems.
(d) Make available, upon request, to all local and state criminal justice agencies, to all federal criminal justice agencies and to criminal justice agencies in other states any information in the files of the center which will aid such agencies in the performance of their official duties. For this purpose the center shall operate on a twenty-four-hour basis, seven (7) days a week. Such information, when authorized by the director of the center, may also be made available to any other agency of this state or any political subdivision thereof and to any federal agency, upon assurance by the agency concerned that the information is to be used for official purposes only in the prevention or detection of crime or the apprehension of criminal offenders.
(e) Cooperate with other agencies of this state, the crime information agencies of other states, and the national crime information center systems of the Federal Bureau of Investigation in developing and conducting an interstate, national and international system of criminal identification and records.
(f) Make available, upon request, to nongovernmental entities or employers certain information for noncriminal justice purposes as specified in Section 45-27-12.
(g) Institute necessary measures in the design, implementation and continued operation of the justice information system to ensure the privacy and security of the system. Such measures shall include establishing complete control over use of and access to the system and restricting its integral resources and facilities and those either possessed or procured and controlled by criminal justice agencies. Such security measures must meet standards developed by the center as well as those set by the nationally operated systems for interstate sharing of information.
(h) Provide data processing for files listing motor vehicle drivers' license numbers, motor vehicle registration numbers, wanted and stolen motor vehicles, outstanding warrants, identifiable stolen property and such other files as may be of general assistance to law enforcement agencies; provided, however, that the purchase, lease, rental or acquisition in any manner of "computer equipment or services," as defined in Section 25-53-3, Mississippi Code of 1972, shall be subject to the approval of the Mississippi Information Technology Services.
(i) Maintain a field coordination and support unit which shall have all the power conferred by law upon any peace officer of this state.
(2) The department, including the investigative division or the center, may:
(a) Obtain and store fingerprints, descriptions, photographs and any other pertinent identifying data from crime scenes and on persons who:
(i) Have been or are hereafter arrested or taken into custody in this state:
1. For an offense which is a felony;
2. For an offense which is a misdemeanor;
3. As a fugitive from justice; or
(ii) Are or become habitual offenders; or
(iii) Are currently or become confined to any prison, penitentiary or other penal institution; or
(iv) Are unidentified human corpses found in the state; or
(v) Have submitted fingerprints for conducting criminal history record checks.
(b) Compare all fingerprint and other identifying data received with that already on file and determine whether or not a criminal record is found for such person, and at once inform the requesting agency or arresting officer of those facts that may be disseminated consistent with applicable security and privacy laws and regulations. A record shall be maintained for a minimum of one (1) year of the dissemination of each individual criminal history, including at least the date and recipient of such information.
(c) Establish procedures to respond to those individuals who file requests to review their own records, pursuant to Sections 45-27-11 and 45-27-12, and to cooperate in the correction of the central center records and those of contributing agencies when their accuracy has been successfully challenged either through the related contributing agencies or by court order issued on behalf of an individual.
(d) Retain in the system the fingerprints of all law enforcement officers and part-time law enforcement officers, as those terms are defined in Section 45-6-3, and of all applicants to law enforcement agencies.
(3) Any document submitted to the center in accordance with the provisions of Section 45-27-9 which is processed as set forth in this chapter and subsequently provided to a law enforcement agency of this state or any of its subdivisions, or to any court of this state, by the center shall be presumed to be the original of the document it purports to be, without further authentication, unless the person aggrieved thereby has successfully challenged such document under the provisions of Section 45-27-11.
SECTION 3. This act shall take effect and be in force from and after July 1, 2007.