Adopted

AMENDMENT NO 1 PROPOSED TO

House Bill No. 1392

BY: Representatives Mims, Sanford

AMEND by deleting Section 1 in its entirety and inserting in lieu thereof the following:

     "SECTION 1.  The following shall be codified as Section 43-47-41, Mississippi Code of 1972:

43-47-41.  (1)  The Department of Human Services shall, in addition to any other duties required by law, establish and maintain a registry, to be known as the Mississippi Vulnerable Persons Abuse Registry, which shall contain the names of any individual who has been convicted of the crime of abuse, neglect or exploitation of a vulnerable person under this chapter.

     (2)  The Department of Human Services shall establish and enforce reasonable rules governing the custody, use, and preservation of the records of abuse, neglect or exploitation of a vulnerable person used in maintaining the registry.

     (3)  The crime for which an individual was convicted under this chapter shall be confidential and shall not be used or disclosed for any purpose other than the following:

          (a)  A care facility as required by subsection (6) of this section; and

          (b)  A member of the public as allowed by subsection (7) of this section.

     (4)  (a)  A court of competent jurisdiction shall notify the Department of Human Services of any criminal conviction that arises out of a violation of this chapter.

          (b)  The Department of Human Services shall adopt rules and regulations that prescribe the process for notifying the department as required by this subsection (4).  The rules shall include a requirement that documentation verifying the conviction be submitted to the department.

     (5)  (a)  Upon receiving the notification described in subsection (4) of this section, the Department of Human Services, in addition to entering the individual's name and address on the Mississippi Vulnerable Persons Abuse Registry, shall also enter any information relating to the offense or offenses for which the individual was convicted.

          (b)  The individual's information, once entered on the registry, shall remain on the registry even if the individual fulfills the obligations of any criminal sentencing against that individual, except as provided in paragraph (c) of this subsection (5).

          (c)  The Department of Human Services shall adopt rules providing a process by which an individual's name and information may be removed from the Mississippi Vulnerable Persons Abuse Registry.

     (6)  A care facility shall query the Mississippi Vulnerable Persons Abuse Registry with regard to an individual who is an employee or prospective employee of the facility to confirm whether the individual has been convicted of a crime of abuse, neglect or exploitation under this chapter.

     (7)  (a)  Any member of the public may request permission from the Department of Human Services to query the Mississippi Vulnerable Persons Abuse Registry regarding hiring a caretaker or a person who will be in a position of trust or authority to a vulnerable person.

          (b)  The Department of Human Services shall promulgate rules and regulations governing the method of request and access to the Mississippi Vulnerable Persons Abuse Registry by a member of the public regarding hiring a caretaker or a person who will be in a position of trust or authority to a vulnerable person.  The rules shall require a member of the public who is requesting access to the registry to declare in writing the purpose for which they are requesting access, and to provide their own name and address and the name and address of the vulnerable person.

          (c)  A member of the public requesting access to query the registry shall only be given access for a limited time as determined by the Department of Human Services."