House Bill 1110

AN ACT TO AMEND SECTION 97-5-24, MISSISSIPPI CODE OF 1972, TO clarify THE REQUIREMENT FOR REPORTING SEXUAL MISCONDUCT BETWEEN AN EMPLOYEE OF THE SCHOOL OR DISTRICT WITH A STUDENT UNDER THE AGE OF 18 WHO IS ENROLLED IN A SCHOOL IN THE SAME SCHOOL DISTRICT IN WHICH THE OFFENDER IS EMPLOYED; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 97-5-24, Mississippi Code of 1972, is amended as follows:

97-5-24. If any person eighteen (18) years or older who is employed by any public school district or private school in this state is accused of fondling or having any type of sexual involvement with any child under the age of eighteen (18) years who is enrolled in such public school district or private school, the principal of * * *~~such~~ the public or private school where the person is employed and the superintendent of * * *~~such~~ the public school district shall timely notify the district attorney with jurisdiction where the school is located of such accusation, the Mississippi Department of Education and the Department of Human Services, provided that such accusation is reported to the principal and to the school superintendent and that there is a reasonable basis to believe that such accusation is true. Any superintendent, or his designee, who fails to make a report required by this section shall be subject to the penalties provided in Section 37-11-35. Any superintendent, principal, teacher or other school personnel participating in the making of a required report pursuant to this section or participating in any judicial proceeding resulting therefrom shall be presumed to be acting in good faith. Any person reporting in good faith shall be immune from any civil liability that might otherwise be incurred or imposed.

SECTION 2. This act shall take effect and be in force from and after July 1, 2020.