2019 Regular Session
To: Judiciary, Division B
By: Senator(s) Doty
AN ACT TO AMEND SECTION 45-33-59, MISSISSIPPI CODE OF 1972, TO REQUIRE EMPLOYER NOTIFICATION TO CERTAIN PARENTS OR GUARDIANS OF CHILDREN WHO COME IN CONTACT WITH AN EMPLOYEE WHO IS REQUIRED TO REGISTER AS A SEX OFFENDER; TO AMEND SECTION 45-33-32, MISSISSIPPI CODE OF 1972, TO CONFORM THE REQUIREMENTS FOR VOLUNTEERS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 45-33-59, Mississippi Code of 1972, is amended as follows:
45-33-59. (1) (a)
Any person convicted of a sex offense who is employed in any position, or who
contracts with a person to provide personal services, where the * * *
employee or * * * contractor
will * * * have direct, private and unsupervised
contact with * * *
minors shall notify in writing the employer or the person with whom the
person has contracted of his sex offender status.
(b) The employer shall make a reasonable attempt to notify the parents or guardians of the minors with whom the employee or contractor will have direct, private and unsupervised contact of the offender's criminal record.
(2) This section applies to all registered sex offenders regardless of the date of conviction.
(3) An employer acting in good faith in making notification to parents or guardians under this section, or who fails in good faith to make notification, shall not be liable in any civil or criminal action as a result of the notification or failure to notify.
(4) This section does not authorize the employment of a person for a position for which employment of a sex offender is prohibited by any law.
(5) This section does not apply to an employer whose employees have only incidental contact with children because children may be present in the workplace without any formal agreement; casual or incidental contact does not trigger the duty to inform.
SECTION 2. Section 45-33-32, Mississippi Code of 1972, is amended as follows:
45-33-32. (1) A person convicted of a sex offense who volunteers for an organization in which volunteers have direct, private and unsupervised contact with minors shall notify the organization of the person's conviction at the time of volunteering. Such notification must be in writing to the organization. Any organization which accepts volunteers must notify volunteers of this disclosure requirement upon application of the volunteer to serve or prior to acceptance of any of the volunteer's service, whichever occurs first.
(2) If the organization,
after notification by the offender as provided in subsection (1), accepts the
offender as a volunteer, the organization * * *
shall make reasonable attempts to
notify the parents or guardians of any minors involved in the organization of
the offender's criminal record.
(3) This section applies to all registered sex offenders regardless of the date of conviction.
(4) Any person previously registered as a sex offender and who has a continuing obligation to be registered as a sex offender shall be notified of the person's duty under this section with the first reregistration form to be sent to the person after July 1, 2004.
(5) If the registered sex offender is currently volunteering for such an organization, the sex offender must resign or notify the organization immediately upon receipt of notice or be subject to the penalties of this chapter.
(6) An organization acting in good faith in making the notification to parents or guardians under this section, or who fails in good faith to make such notification, shall not be liable in any civil or criminal action as a result of the notification or failure to notify.
SECTION 3. This act shall take effect and be in force from and after July 1, 2019.