Senate Bill 2491

AN ACT TO CREATE A NEW SECTION WITHIN TITLE 47, CHAPTER 7, MISSISSIPPI CODE OF 1972, TO REQUIRE AN OFFENDER WHO IS PLACED ON PROBATION OR RELEASED ON PAROLE TO AGREE TO A WAIVER AS A CONDITION OF PAROLE THAT AUTHORIZES ANY LAW ENFORCEMENT OFFICER TO CONDUCT A WARRANTLESS SEARCH OF THE OFFENDER'S PERSON, PLACE OF RESIDENCE OR MOTOR VEHICLE FOR THE PURPOSES OF DETERMINING IF THE OFFENDER IS IN VIOLATION OF ANY WEAPON- OR FIREARM-RELATED OFFENSES; TO PROVIDE THAT THE WARRANTLESS SEARCH SHALL BE CONDUCTED IN A REASONABLE MANNER BUT SHALL NOT NEED TO BE BASED ON AN ARTICULABLE SUSPICION THAT THE OFFENDER IS COMMITTING OR HAS COMMITTED A CRIMINAL OFFENSE; TO REQUIRE THE OFFENDER TO ACKNOWLEDGE AND SIGN THE WAIVER BEFORE THE OFFENDER'S RELEASE; TO PROVIDE THAT AN OFFENDER WHO FAILS TO SIGN THE WAIVER IS INELIGIBLE FOR RELEASE ON PROBATION OR PAROLE; TO DEFINE THE TERM "RESIDENCE"; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as a new section within Title 47, Chapter 7, Mississippi Code of 1972:

(1) (a) An offender who is placed on supervised probation or is released on parole is required to agree to a waiver as a condition of his or her supervised probation or parole that allows any law enforcement officer, Department of Corrections officer, parole officer or probation officer to conduct a warrantless search of the offender's person, place of residence, or motor vehicle at any time, day or night, whenever requested by the officer for the purposes of determining if the offender is in violation of any provision within Title 97, Chapter 35, Mississippi Code of 1972.

(b) A warrantless search based on the waiver required by this section shall be conducted in a reasonable manner but does not need to be based on an articulable suspicion that the offender is committing or has committed a criminal offense.

(2) (a) An offender who will be placed on supervised probation or parole is required to agree to the waiver required by this section and shall acknowledge and sign the waiver before the offender's release.

(b) If the offender fails to acknowledge and sign the waiver required by this section, the offender is ineligible to be placed on supervised probation or parole.

(3) As used in this section, “residence” includes a garage or outbuilding on the property of a residence.

(4) This section shall be in addition to any other authority of law authorizing lawful searches and shall not be construed to limit the current legal authorization of any lawful searches.

SECTION 2. This act shall take effect and be in force from and after July 1, 2023.