MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Judiciary, Division B; Accountability, Efficiency, Transparency
By: Senator(s) England
AN ACT TO CREATE THE MISSISSIPPI PUBLIC FUNDS OFFENDER REGISTRY; TO DEFINE TERMS; TO DIRECT THE DEPARTMENT OF PUBLIC SAFETY TO CREATE A REGISTRY OF OFFENDERS; TO REQUIRE RESPONSIBLE AGENCIES TO FORWARD CERTAIN INFORMATION TO THE DEPARTMENT; TO REQUIRE RESPONSIBLE AGENCY TO INITIALLY REGISTER OFFENDERS; TO REQUIRE OFFENDERS TO REPORT TO THE DEPARTMENT WITHIN A PRESCRIBED TIMEFRAME; TO REQUIRE REGISTRANTS TO REREGISTER ANNUALLY; TO AUTHORIZE THE DEPARTMENT TO PROMULGATE RULES FOR THE IMPLEMENTATION OF THE ACT; TO AMEND SECTION 25-1-113, MISSISSIPPI CODE OF 1972, TO PROHIBIT LOCAL GOVERNMENTS FROM HIRING PERSONS ON THE REGISTRY FOR CERTAIN POSITIONS; TO AMEND SECTION 99-19-35, MISSISSIPPI CODE OF 1972, TO PROHIBIT APPOINTMENT OR ELECTION OF PERSONS ON THE REGISTRY TO CERTAIN OFFICES OR EMPLOYMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Mississippi Public Funds Offender Registry Act."
SECTION 2. For purposes of Sections 1 through 6 of this act, unless the context requires otherwise, the following terms shall have the meanings ascribed herein:
(a) "Conviction" means a judgment entered by a Mississippi court upon a plea of guilty, a plea of nolo contendere, or a finding of guilt by a jury or the court, notwithstanding any pending appeal or habeas corpus proceeding arising from the judgment. "Conviction" includes a disposition of pretrial diversion or nonadjudication under Section 99-15-26.
(b) "Department" means the Department of Public Safety.
(c) "Offender" means a person convicted of a registrable offense.
(d) "Registrable offense" means a crime chargeable under the following provisions of law:
(i) Section 97-7-10, which relates to the defrauding of state and local governments.
(ii) Sections 97-11-25 through 97-11-31, which relate to embezzlement by public officials.
(iii) Sections 97-15-3 and 97-15-5, which relate to bribery of members and employees of the Highway Commission and the defrauding of the state by Highway Commission members, employees or highway contractors.
(iv) Sections 97-11-11, 97-11-13 and 97-11-53, which relate to acceptance of bribes by public officials and bribery of public officials.
(v) Sections 97-13-1 and 97-13-3, which relate to bribery of electors or election officials.
(vi) Any crime that involves the embezzlement or misappropriation of public funds as determined by the circuit court in its sentencing order upon conviction. The term "public funds" has the meaning as defined in Section 31-3-1.
(e) "Registrant" means a person who is registered in compliance with this act.
(f) "Responsible agency" is defined as the person or government entity whose duty it is to obtain information from a public funds offender upon conviction and to transmit that information to the department.
(i) For an offender being released from the custody of the Department of Corrections, the responsible agency is the Department of Corrections.
(ii) For an offender being released from a county jail, the responsible agency is the sheriff of that county.
(iii) For an offender being released from a municipal jail, the responsible agency is the police department of that municipality.
(iv) For an offender who is being placed on probation, including conditional discharge or unconditional discharge, without any sentence of incarceration, the responsible agency is the sentencing court.
(v) For an offender who is paroled, the responsible agency is the state parole board.
SECTION 3. (1) The department shall post a publicly accessible registry online of all offenders by July 1, 2023.
(2) (a) The list must include the following information:
(i) The offender's full legal name;
(ii) Any aliases by which the offender is or has been known, but not including any online or internet identifiers;
(iii) A physical description, including the offender's date of birth, height, weight, and eye and hair color;
(iv) A recent photograph of the offender; and
(v) Other identifying data as the department determines is necessary to properly identify the offender and to exclude innocent persons.
(b) The list shall not include the offender's:
(i) Social security number;
(ii) Driver's license number;
(iii) Any other state or federal identification number;
(iv) Physical address; or
(v) Telephone numbers.
(3) (a) If the offender is not convicted of another registrable offense while listed, the department shall remove the offender's information from the list after either five (5) years from the date of the offender's conviction or five (5) years from the date of an offender's release from physical incarceration, whichever is later. Any violation of the sentencing terms or plea arrangement by the offender, as determined in a hearing by a judge upon motion of the district attorney or the department, shall restart the time period described in this paragraph (a).
(b) Notwithstanding paragraph (a) of this subsection, a person who has served any sentence imposed and paid all fines, penalties and any restitution ordered may petition the department to be removed from the list after the satisfaction of the conditions of this paragraph (b). Upon receipt and confirmation of a true and correct petition, the department shall remove the offender from the registry.
SECTION 4. (1) The department shall maintain the registry on the internet, which shall contain a disclaimer informing the public that:
(a) The information contained on the website is obtained from public records and the department does not guarantee the website's accuracy or completeness;
(b) The list only includes persons convicted in Mississippi state courts of a limited list of crimes. Persons who are convicted in any federal court, or who are convicted of a crime other than a registrable offense will not appear on the registry. The absence of an individual from the registry does not indicate that the individual is trustworthy or that an investment proposed by the individual is legitimate and suitable for any particular investor. Learn the warning signs of fraud, and consult with your legal, financial and tax advisors before investing;
(c) Members of the public are not allowed to use the information to harass or threaten offenders or members of their families; and
(d) Harassment, stalking or making threats against offenders or their families is prohibited and may violate Mississippi criminal laws.
(2) The registry shall be indexed by the surname of the offender.
(3) The department shall require uses, before accessing the registry, to indicate that they have read and understand the disclaimer in subsection (1) of this section and agreed to comply with the disclaimer's terms.
(4) The registry shall include the following information:
(a) All names and aliases by which the offender is or has been known, but not including any online or internet identifiers;
(b) A physical description, including the offender's date of birth, height, weight, and eye and hair color;
(c) A recent photograph of the offender which may be a photograph taken of the offender at booking; and
(d) The registrable offenses of which the offender has been convicted.
(5) The department and any individual or entity acting at the request or upon the direction of the department are immune from civil liability for damages arising from reporting information under this act and will be presumed to have acted in good faith in performing its duties under this act.
SECTION 5. (1) (a) Upon the entry of the order sentencing the offender to probation or parole or upon the date of release of the offender from the physical custody of the responsible agency, the responsible agency shall forward the department a copy of the conviction, sentencing order, name, sex and date of birth of the offender convicted of a registrable offense under this act.
(b) Upon the entry of a finding of any violation of the sentencing terms or plea arrangement by the offender as determined by a court or the state parole board, the responsible agency shall forward the department notice of the violation.
(2) The Mississippi Department of Corrections and each circuit court clerk, county jail, sheriff department, municipal jail and municipal police department shall perform a good-faith search of its records for any persons that qualify as offenders under this act and forward the department the information detailed in Section 3(2)(a) of this act within one hundred eighty (180) calendar days of the effective date of this act.
(3) Any law enforcement agency shall cooperate with the department to obtain the information required by Section 3(2)(a) of this act.
SECTION 6. (1) An offender required to register on the basis of a conviction entered shall register with the responsible agency within three (3) business days of the date of judgment unless the offender is immediately confined or committed, in which case the offender shall register before release in accordance with the procedures established by the department. The responsible agency shall immediately forward the registration information to the department. The offender is also required to personally appear at a facility designated by the department, or in a manner of the department's choosing, including by electronic means, within three (3) business days of registration with the responsible agency to obtain a public funds offender registration card.
(2) If an offender who is required to register under this section is released from prison or placed on parole or supervised release or in a restitution center or community work center, the Department of Corrections shall perform the registration duties before placement in a center or before release and immediately forward the registration information to the department. The offender is also required to personally appear at a facility designated by the Department of Public Safety, or in a manner of the department's choosing, including by electronic means, within three (3) business days of release or placement in a restitution center or community work center.
(3) If an offender required to register under this section is placed on probation, the court, at the time of entering the order, shall register the offender and immediately forward the registration information to the department. The offender is also required to personally appear at a facility designated by the department, or in a manner of the department's choosing, including by electronic means, within three (3) business days of the entry of the order.
(4) Any offender required to register who is neither incarcerated, detained nor committed at the time the requirement to register attaches shall present himself to the county sheriff to register within three (3) business days, and shall personally appear at a facility designated by the department, or in a manner of the department's choosing, including by electronic means, within three (3) business days of the time the requirement to register attaches.
(5) A responsible agency shall inform an offender of his or her duties under this act.
(6) 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 such person may show domicile.
(7) Any driver's license photograph, I.D. photograph, sex offender photograph, fingerprint, driver's license application and/or anything submitted to the department by a known convicted public funds 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.
(8) The department will assist local law enforcement agencies in the effort to conduct address and other verifications of registered offenders.
SECTION 7. (1) Registrants are required to reregister annually.
(2) 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, along with any other registration information that may need to be verified and the payment of any required fees.
(3) A person who fails to reregister and obtain a renewal offender registration card as required by this section commits a violation of this act. The Department of Public Safety will immediately notify any sheriff or other jurisdiction of any changes in information including residence address, employment if that jurisdiction, county or municipality is affected by the change.
SECTION 8. The department shall promulgate rules in accordance with the Mississippi Administrative Procedures Law, Chapter 43, Title 25, Mississippi Code of 1972, to effectuate the purposes of this act.
SECTION 9. Section 25-1-113, Mississippi Code of 1972, is amended as follows:
25-1-113. (1) From and after July 1, 2013, the state and any county, municipality or any other political subdivision shall not employ a person who has been convicted or pled guilty in any court of this state, another state, or in federal court of any felony in which public funds were unlawfully taken, obtained or misappropriated in the abuse or misuse of the person's office or employment or money coming into the person's hands by virtue of the person's office or employment.
(2) From and after July 1, 2014, the state and any county, municipality or any other political subdivision shall not employ or continue to employ a person who has been convicted or pled guilty in any court of this state, another state, or in federal court of any felony in which public funds were unlawfully taken, obtained or misappropriated in the abuse or misuse of the person's office or employment or money coming into the person's hands by virtue of the person's office or employment.
(3) From and after July 1, 2023, the state and any county, municipality or any other political subdivision shall not hire any person who appears on the registry created in Sections 1 through 6 of this act for any position in accounting, or in a treasury or registrar office, or in any office where monies are collected or received directly from rate or fee payers.
SECTION 10. Section 99-19-35, Mississippi Code of 1972, is amended as follows:
99-19-35. A person convicted of bribery, burglary, theft, arson, obtaining money or goods under false pretenses, perjury, forgery, embezzlement, or bigamy, shall not be allowed to practice medicine or dentistry, or be appointed to hold or perform the duties of any office of profit, trust, or honor, and a person who is listed on the registry created in Sections 1 through 6 of this act shall not be allowed to be appointed to hold or perform the duties of any office of profit, trust or honor, including service on a school board, unless after full pardon for the same.
SECTION 11. This act shall take effect and be in force from and after July 1, 2022.