MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Judiciary

By: Senator(s) Ross

AN ACT TO AMEND SECTION 43-15-21, MISSISSIPPI CODE OF 1972, TO CREATE A NEW FELONY OFFENSE OF INTENTIONAL FALSIFICATION OR DESTRUCTION OF RECORDS INVOLVED IN A CHILD ABUSE INVESTIGATION; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 43-15-21, Mississippi Code of 1972, is amended as follows:

43-15-21. (1) Anyone violating or releasing information of a confidential nature without the approval of the court with jurisdiction or the Department of Human Services upon being found guilty shall be guilty of a misdemeanor and subject to a fine of no more than One Thousand Dollars ($1,000.00) or imprisonment of six (6) months, or both.

(2) In any matter involving an investigation of child abuse by the Department of Human Services or a governmental law enforcement agency of the State of Mississippi, anyone who intentionally falsifies documents, gives a false statement, or destroys records shall be guilty of a felony and subject to a fine of no more than Five Thousand Dollars ($5,000.00) or imprisonment of not more than five (5) years, or both. This provision shall not apply to a party to a judicial proceeding, or that party's counsel, for representations or documents made to or submitted to a judge or magistrate in that proceeding.

SECTION 2. This act shall take effect and be in force from and after July 1, 1999.