MISSISSIPPI LEGISLATURE
2008 Regular Session
To: Judiciary, Division B
By: Senator(s) Tollison, Blount, Watson
AN ACT TO REQUIRE LIFETIME REGISTRATION FOR CRIMINALS CONVICTED OF VIOLENT CRIMES AGAINST LAW ENFORCEMENT OFFICERS AND OTHER PUBLIC SERVANTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) For the purposes of this section, the following words shall have the meanings ascribed herein unless the context clearly requires otherwise:
(a) "Conviction" shall mean that, regarding the person's offense, there has been a determination or judgment of guilt as a result of a trial or the entry of a plea of guilty or nolo contendere regardless of whether adjudication is withheld. "Conviction of similar offenses" includes, but is not limited to, a conviction by a federal or military tribunal, including a court martial conducted by the Armed Forces of the United States, a conviction for an offense committed on an Indian Reservation or other federal property, a conviction in any state of the United States and a conviction in a foreign country if the foreign country's judicial system is such that it satisfies minimum due process set forth in the guidelines under Section 111(5)(B) Public Law 109-28.
(b) "Jurisdiction" shall mean any state court, federal court, military court, Indian tribunal or foreign court.
(c) "Registrable offense" means any offense constituting a violent crime against any of the persons listed in Section 97-3-7(1).
(d) "Registration" means providing information to the department within the time frame specified as required by this section.
(e) "Department" unless otherwise specified is defined as the Department of Public Safety.
(2) (a) Any person having a permanent or temporary residence in this state who has been convicted of any registrable offense or attempted registrable offense or who has been acquitted by reason of insanity for any registrable offense or attempted registrable offense shall register with the Department of Public Safety. 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.
(b) Any person having a permanent or temporary residence in this state who has been adjudicated delinquent for a registrable offense shall register with the Department of Public Safety.
(3) (a) Any person required to register under this section shall submit the following information at the time of registration:
(i) Name, including a former name which has been legally changed;
(ii) Street address of all current permanent and temporary residences within state or out of state;
(iii) Date, place and address of employment;
(iv) Crime for which convicted;
(v) Date and place of conviction, adjudication or acquittal by reason of insanity;
(vi) Aliases used;
(vii) Social security number;
(viii) Date and place of birth;
(ix) Age, race, sex, height, weight, hair and eye colors, and any other physical description or identifying factors;
(x) Driver's license or state identification card number, which license or card may be electronically accessed by the Department of Public Safety;
(xi) Anticipated future residence;
(xii) If the registrant's residence is a motor vehicle, trailer, mobile home or manufactured home, the registrant shall also provide vehicle identification number, license tag number, registration number and a description, including color scheme, of the motor vehicle, trailer, mobile home or manufactured home; if the registrant's place of residence is a vessel or houseboat, the registrant shall also provide the hull identification number, manufacturer's serial number, name of the vessel or houseboat, registration number and a description, including color scheme, of the vessel or houseboat;
(xiii) Vehicle make, model, color and license tag number;
(xiv) Photograph;
(xv) Fingerprints and palm prints;
(xvi) Documentation of any treatment received for any mental abnormality or personality disorder of the person;
(xvii) Copy of conviction or sentencing order for the registrable offense for which registration is required;
(xviii) The offender's parole, probation or supervised release status and the existence of any outstanding arrest warrants;
(xix) Any other information deemed necessary.
(b) For purposes of this section, a person is considered to be residing in this state if he maintains a permanent or temporary residence in this state, including students, temporary employees and military personnel on assignment.
(c) The Department of Public Safety is required to obtain the text of the law defining the offense or offenses for which the registration is required.
(d) A person required to register on the basis of a conviction, adjudication of delinquency or acquittal by reason of insanity entered shall register with the department within three (3) business days of the date of judgment unless the person is immediately confined or committed, in which case the person shall register before release in accordance with the procedures established by the department.
(e) Any person required to register who is neither incarcerated, detained nor committed at the time the requirement to register attaches shall register within three (3) business days.
(f) Every person required to register shall show proof of domicile. The commissioner shall promulgate any rules and regulations necessary to enforce this requirement and shall prescribe the means by which the person may show domicile.
(g) Any driver's license photograph, I.D. photograph, sex offender photograph, violent offender photograph, finger print, driver's license application or anything submitted to the Department of Public Safety by a person required to register, whether 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 or investigation regarding tracking or identification of the offender.
(h) Upon any change of address, an offender required to register under this section is required to amend his registration not less than ten (10) days before he intends to first reside at the new address.
(i) Upon any change of employment or change of name, a registrant is required to amend his registration within three (3) business days of the change.
(j) All registrants are required to reregister annually. Reregistration includes the submission of current information and photograph to the department and the verification of registration information, including the street address and telephone number of the registrant; name, street address and telephone number of the registrant's employment; any other registration information that may need to be verified; and the payment of any required fees. A person who fails to reregister commits a violation of this section.
(3) (a) The failure of an offender to provide any registration or other information, including, but not limited to, initial registration, reregistration or change of address information, change of employment, change of name or required notification to a volunteer organization, as required by this section, is a violation of the law. Additionally, forgery of information or submission of false information is also a violation of the law.
(b) Unless otherwise specified, a violation of this section 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.
(4) 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 section. 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.
(5) A first violation of this section may result in the arrest of the offender. Upon any second or subsequent violation of this section, the offender shall be arrested for the violation.
(6) Any prosecution for a violation of this section shall be brought by a prosecutor in the county of the violation.
(7) A person required to register under this section who commits any act or omission in violation of this section may be prosecuted for the act or omission in the county in which the act or omission was committed, the county of the last registered address of the offender, or the county in which the conviction occurred for the offense or offenses that meet the criteria requiring the person to register.
(8) The Commissioner of Public Safety or his authorized agent shall suspend the driver's license or driving privilege of any offender failing to comply with the duty to report, register or reregister.
(9) The Department of Public Safety shall maintain a central registry of offender information obtained pursuant to this section and shall adopt rules and regulations necessary to carry out this section.
(10) (a) (i) Upon conviction, adjudication or acquittal by reason of insanity of any offender for a registrable offense, if the offender is not immediately confined or not sentenced to a term of imprisonment, the clerk of the court which convicted and sentenced the sex offender shall inform the person of the duty to register, including the duty to personally appear at a Department of Public Safety Driver's License Station.
(ii) Before release from prison or placement on parole, supervised release or in a work center or restitution center, the Department of Corrections shall inform the person of the duty to register.
(iii) Before release from confinement in a mental institution following an acquittal by reason of insanity, the director of the facility shall inform the offender of the duty to register.
(iv) Before release from a youthful offender facility, the director of the facility shall inform the person of the duty to register.
(v) The court shall provide written notification to any defendant charged with a registrable offense as defined by this section of the registration requirements of this section. The notice shall be included on any guilty plea forms and judgment and sentence forms provided to the defendant. The court shall obtain a written acknowledgment of receipt of the required notice on each occasion.
(vi) A court imposing a sentence, disposition or order of commitment following acquittal by reason of insanity shall notify the offender of the registration requirements of this section. The court shall obtain a written acknowledgment of receipt on each occasion.
(vii) The Department of Corrections or any person having charge of a county or municipal jail or any juvenile detention facility shall provide written notification to an inmate or offender in the custody of the jail or other facility due to a conviction of or adjudication for a registrable offense of the registration and notification requirements of this section at the time of the inmate's or offender's confinement and release from confinement, and shall receive a signed acknowledgment of receipt on both occasions.
(b) Upon any change of name or employment, a registrant is required to submit the information within three (3) business days of the change.
(c) Every person or entity having a duty to inform a person of the duty to register shall require the person to read and sign a form stating that the duty of the person to register under this section has been explained.
(11) Any person who willfully misuses or alters public record information relating to registration under this section shall be guilty of a misdemeanor and shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or imprisonment in the county jail not more than six (6) months, or both.
(12) Notwithstanding any other provision of law to the contrary, any person who provides or fails to provide information relevant to the procedures set forth in this section shall not be liable therefor in any civil or criminal action. Nothing herein shall be deemed to grant any such immunity to any person for his willful or wanton act of commission or omission.
(13) The Department of Public Safety may adopt regulations to establish fees to be charged to registrants for registration, reregistration, and verification or change of address.
SECTION 2. This act shall take effect and be in force from and after July 1, 2008.