MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Judiciary

By: Senator(s) Frazier

AN ACT TO AMEND SECTION 99-43-3, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF CRIMINAL OFFENSE AS USED IN THE CRIME VICTIMS' BILL OF RIGHTS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 99-43-3, Mississippi Code of 1972, is amended as follows:

99-43-3. As used in this chapter, the following words shall have the meanings ascribed to them, unless the context clearly requires otherwise:

(a) "Accused" means a person who has been arrested for committing a criminal offense and who is held for an initial appearance or other proceeding before trial or who is a target of an investigation for committing a criminal offense.

(b) "Appellate proceeding" means an oral argument held in open court before the Mississippi Court of Appeals, the Mississippi Supreme Court, a federal court of appeals or the United States Supreme Court.

(c) "Arrest" means the actual custodial restraint of a person or his submission to custody.

(d) "Community status" means extension of the limits of the places of confinement of a prisoner through work release, intensive supervision, house arrest, and initial consideration of pre-discretionary leave, passes and furloughs.

(e) "Court" means all state courts including juvenile courts.

(f) "Victim assistance coordinator" means a person who is employed or authorized by a public entity or a private entity that receives public funding primarily to provide counseling, treatment or other supportive assistance to crime victims.

(g) "Criminal offense" means conduct that gives a law enforcement officer or prosecutor probable cause to believe that a felony involving physical injury, the threat of physical injury, or a sexual offense, or any offense involving spousal abuse, domestic violence or burglary of a dwelling house has been committed; provided, however, that burglary of a dwelling house will not be considered a criminal offense under the provisions of this chapter unless one or more of the residents of the dwelling house or one or more guests of the residents are present at the time of the burglary.

(h) "Criminal proceeding" means a hearing, argument or other matter scheduled by and held before a trial court but does not include a lineup, grand jury proceeding or other matter not held in the presence of the court.

(i) "Custodial agency" means a municipal or county jail, the Department of Corrections, juvenile detention facility, Department of Youth Services or a secure mental health facility having custody of a person who is arrested or is in custody for a criminal offense.

(j) "Defendant" means a person or entity that is formally charged by complaint, indictment or information of committing a criminal offense.

(k) "Final disposition" means the ultimate termination of the criminal prosecution of a defendant by a trial court, including dismissal, acquittal or imposition of a sentence.

(l) "Immediate family" means the spouse, parent, child, sibling, grandparent or guardian of the victim, unless that person is in custody for an offense or is the accused.

(m) "Lawful representative" means a person who is a member of the immediate family or who is designated as provided in Section 99-43-5; no person in custody for an offense or who is the accused may serve as lawful representative.

(n) "Post-arrest release" means the discharge of the accused from confinement on recognizance, bond or other condition.

(o) "Post-conviction release" means parole, or discharge from confinement by an agency having custody of the prisoner.

(p) "Post-conviction relief proceeding" means a hearing, argument or other matter that is held in any court and that involves a request for relief from a conviction, sentence or adjudication.

(q) "Prisoner" means a person who has been convicted or adjudicated of a criminal offense against a victim and who has been sentenced to the custody of the sheriff, the Department of Corrections, Department of Youth Services, juvenile detention facility, a municipal jail or a secure mental health facility.

(r) "Prosecuting attorney" means the district attorney, county prosecuting attorney, municipal prosecuting attorney, youth court prosecuting attorney, special prosecuting attorney or Attorney General.

(s) "Right" means any right granted to the victim by the laws of this state.

(t) "Victim" means a person against whom the criminal offense has been committed, or if the person is deceased or incapacitated, the lawful representative.

SECTION 2. This act shall take effect and be in force from and after July 1, 2000.