MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Judiciary B
By: Representative Felsher
AN ACT TO AMEND SECTION 43-21-355, MISSISSIPPI CODE OF 1972, TO CREATE A CRIME FOR WILLFUL FALSE CLAIMS OF CHILD ABUSE; TO AMEND SECTION 97-35-47, MISSISSIPPI CODE OF 1972, TO AUTHORIZE PAYMENTS TO THE DEPARTMENT OF CHILD PROTECTION SERVICES FOR FALSE CLAIMS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 43-21-355, Mississippi Code of 1972, is amended as follows:
43-21-355. (1) Any
attorney, physician, dentist, intern, resident, nurse, psychologist, social
worker, family protection worker, family protection specialist, child
caregiver, minister, law enforcement officer, school attendance officer, public
school district employee, nonpublic school employee, licensed professional
counselor or any other person participating in the making of a required report
pursuant to Section 43-21-353 or participating in
an investigation, evaluation or judicial proceeding resulting from the report
shall be presumed to be acting in good faith. Any person or institution
reporting or participating in an investigation, evaluation or judicial
proceeding resulting from the report in good faith shall be immune from any
liability, civil or criminal, that might otherwise be incurred or imposed.
(2) A report is false, and not in good faith under this section, when it is unsupported by any credible evidence and the person intentionally submitted the report knowing it was false.
(a) Anyone who willfully makes a false report shall be, upon being found guilty under Section 97-35-47, punished by a fine not to exceed Five Thousand Dollars ($5,000.00), or by imprisonment in jail not to exceed one (1) year, or both.
(b) In addition to any fine and imprisonment, and upon proper showing made to the court, the person may be ordered to pay as restitution to the law enforcement agency and/or the Department of Child Protection Services reimbursement for any reasonable costs directly related to the investigation of the false report.
(c) The Department of Child Protection Services or the Attorney General's office may prosecute claims for violations of the provisions of this section.
SECTION 2. Section 97-35-47, Mississippi Code of 1972, is amended as follows:
97-35-47. It shall be unlawful for any person to report a crime or any element of a crime, including an allegation of child abuse or neglect, to any law enforcement agency or officer, the Department of Child Protection Services, or any officer of any court, by any means, knowing that the report is false. A violation of this section shall be punishable by imprisonment in the county jail not to exceed one (1) year or by fine not to exceed Five Thousand Dollars ($5,000.00), or both. In addition to any fine and imprisonment, and upon proper showing made to the court, the defendant shall be ordered to pay as restitution to the law enforcement agency and/or the Department of Child Protection Services reimbursement for any reasonable costs directly related to the investigation of the falsely reported crime and the prosecution of any person convicted under this section.
A report is false under this section when it is unsupported by any credible evidence and the person intentionally submitted the report knowing it was false.
SECTION 3. This act shall take effect and be in force from and after July 1, 2025.