MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Judiciary

By: Senator(s) Carlton

AN ACT TO CREATE NEW SECTION 45-33-21, MISSISSIPPI CODE OF 1972, TO ENACT LEGISLATIVE FINDINGS AND MAKE A STATEMENT OF INTENT AND PURPOSE; TO CREATE NEW SECTION 45-33-23, MISSISSIPPI CODE OF 1972, TO ENACT DEFINITIONS; TO CREATE NEW SECTION 45-33-25, MISSISSIPPI CODE OF 1972, TO REQUIRE REGISTRATION WITH THE MISSISSIPPI DEPARTMENT OF PUBLIC SAFETY OF ALL CONVICTED SEX OFFENDERS, AND TO PROVIDE WHAT INFORMATION IS REQUIRED FOR REGISTRATION; TO CREATE NEW SECTION 45-33-27, MISSISSIPPI CODE OF 1972, TO ENACT DEADLINES FOR REGISTRATION; TO CREATE NEW SECTION 45-33-29, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT REGISTRANTS PROVIDE NOTICE OF ANY CHANGE OF ADDRESS; TO CREATE NEW SECTION 45-33-31, MISSISSIPPI CODE OF 1972, TO REQUIRE PERIODIC RE-REGISTRATION; TO CREATE NEW SECTION 45-33-33, MISSISSIPPI CODE OF 1972, TO ENACT PENALTIES FOR FAILURE TO REGISTER; TO CREATE NEW SECTION 45-33-35, MISSISSIPPI CODE OF 1972, TO CREATE A CENTRAL SEX OFFENDER REGISTRY AND TO REQUIRE CERTAIN PERSONS TO PERFORM REGISTRATION DUTIES; TO CREATE NEW SECTION 45-33-37, MISSISSIPPI CODE OF 1972, TO REQUIRE A CONVICTED SEX OFFENDER TO PROVIDE A BLOOD SAMPLE FOR PURPOSES OF DNA IDENTIFICATION ANALYSIS; TO CREATE NEW SECTION 45-33-39, MISSISSIPPI CODE OF 1972, TO REQUIRE NOTICE TO THOSE REQUIRED TO REGISTER; TO CREATE NEW SECTION 45-33-41, MISSISSIPPI CODE OF 1972, TO REQUIRE NOTICE TO INCARCERATED PERSONS REQUIRED TO REGISTER; TO CREATE NEW SECTION 45-33-43, MISSISSIPPI CODE OF 1972, TO REQUIRE WRITTEN NOTICE BE GIVEN TO DRIVER'S LICENSE APPLICANTS; TO CREATE NEW SECTION 45-33-45, MISSISSIPPI CODE OF 1972, TO ENACT A DEFINITION OF "SEXUAL PREDATOR"; TO CREATE NEW SECTION 45-33-47, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR A PETITION FOR RELIEF FROM THE DUTY TO REGISTER; TO CREATE NEW SECTION 45-33-49, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR DISCLOSURE TO THE PUBLIC, SCHOOL AND DAY CARE CENTERS; TO CREATE NEW SECTION 45-33-51, MISSISSIPPI CODE OF 1972, TO ENACT PENALTIES FOR THE MISUSE OF REGISTRATION INFORMATION; TO CREATE NEW SECTION 45-33-53, MISSISSIPPI CODE OF 1972, TO PROVIDE IMMUNITY FROM CIVIL LIABILITY AND IN THE EXERCISE OF DISCRETION UNDER THE ACT; TO CREATE NEW SECTION 45-33-55, MISSISSIPPI CODE OF 1972, TO PROVIDE EXEMPTIONS FOR EXPUNCTION; TO CREATE NEW SECTION 45-33-57, MISSISSIPPI CODE OF 1972, TO ALLOW THE DEPARTMENT OF PUBLIC SAFETY TO ESTABLISH FEES TO BE CHARGED FOR REQUESTS FOR INFORMATION; TO REPEAL SECTIONS 45-33-1 THROUGH 45-33-19, MISSISSIPPI CODE OF 1972, WHICH DEAL WITH THE REGISTRATION OF CONVICTED SEX OFFENDERS; TO REPEAL SECTIONS 45-31-1 THROUGH 45-31-19, WHICH COMPRISE THE SEX OFFENSE CRIMINAL HISTORY RECORD INFORMATION ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 45-33-21, Mississippi Code of 1972, is codified as follows:

45-33-21. Legislative findings and declaration of purpose. The Legislature finds that the danger of recidivism posed by criminal sex offenders and the protection of the public from these offenders is of paramount concern and interest to government. The Legislature further finds that law enforcement agencies' efforts to protect their communities, conduct investigations, and quickly apprehend criminal sex offenders are impaired by the lack of information shared with the public, which lack of information may result in the failure of the criminal justice system to identify, investigate, apprehend, and prosecute criminal sex offenders.

The Legislature further finds that the system of registering criminal sex offenders is a proper exercise of the state's police power regulating present and ongoing conduct. Comprehensive registration and periodic address verification will provide law enforcement with additional information critical to preventing sexual victimization and to resolving promptly incidents involving sexual abuse and exploitation. It will allow law enforcement agencies to alert the public when necessary for the continued protection of the community.

Persons found to have committed a sex offense have a reduced expectation of privacy because of the public's interest in safety and in the effective operation of government. In balancing offenders' due process and other rights, and the interests of public security, the Legislature finds that releasing such information about criminal sex offenders to the general public will further the primary governmental interest of protecting vulnerable populations and, in some instances the public, from potential harm.

Therefore, the state's policy is to assist local law enforcement agencies' efforts to protect their communities by requiring criminal sex offenders to register, to record their addresses of residence, to be photographed and fingerprinted, and to authorize the release of necessary and relevant information about criminal sex offenders to the public as provided in this act, which may be referred to as the Mississippi Sex Offenders Registration Law.

SECTION 2. Section 45-33-23, Mississippi Code of 1972, is codified as follows:

45-33-23. Definitions.

For the purposes of this chapter, the following words shall have the meanings ascribed herein unless the context clearly requires otherwise:

(a) "Conviction" shall mean that, regarding the person's offense, there has been a determination or judgment of guilt as a result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld. "Conviction of similar offenses" includes, but is not limited to, a conviction by a federal or military tribunal, including a court martial conducted by the Armed Forces of the United States, a conviction for an offense committed on an Indian Reservation or other federal property, and a conviction in any state of the United States.

(b) "Jurisdiction" shall mean any state court, federal court, military court or Indian tribunal.

(c) "Permanent residence" is defined as a place where the person abides, lodges, or resides for a period of fourteen (14) or more consecutive days.

(d) "Registration duties" means obtaining the registration information required on the form specified by the department as well as the photograph, fingerprints, and blood sample of the registrant. Blood samples are to be forwarded to the State Crime Laboratory pursuant to Section 45-33-37; the photograph, fingerprints and other registration information are to be forwarded to the Department of Public Safety within three (3) days.

(e) "Responsible agency" is defined as the person or government entity whose duty it is to obtain information from a criminal sex offender upon conviction and to transmit that information to the Mississippi Department of Public Safety.

(i) For a criminal sex offender being released from the custody of the Department of Corrections, the responsible agency is the Department of Corrections.

(ii) For a criminal sex offender being released from a county jail, the responsible agency is the sheriff of that county.

(iii) For a criminal sex offender being released from a municipal jail, the responsible agency is the police department of that municipality.

(iv) For a sex offender in the custody of youth court, the responsible agency is the youth court.

(v) For a criminal sex offender who is being placed on probation, including conditional discharge or unconditional discharge, without any sentence of incarceration, the responsible agency is the sentencing court.

(vi) For an offender who has been committed to a mental institution following an acquittal by reason of insanity, the responsible agency is the facility from which the offender is released. Specifically, the director of said facility shall notify the Department of Public Safety prior to the offender's release.

(vii) For a criminal sex offender who is being released from a jurisdiction outside this state or who has a prior conviction in another state and who is to reside in this state, the responsible agency is the Department of Public Safety.

(f) "Sex offense" means any of the following offenses:

(i) Section 97-3-53 relating to kidnapping, if the victim was below the age of eighteen (18);

(ii) Section 97-3-65 relating to rape;

(iii) Section 97-3-71 relating to rape and assault with intent to ravish;

(iv) Section 97-3-95 relating to sexual battery;

(v) Section 97-5-23 relating to the touching of a child for lustful purposes;

(vi) Section 97-5-27 relating to the dissemination of sexually oriented material to children;

(vii) Section 97-5-33 relating to the exploitation of children;

(viii) Section 97-5-41 relating to the carnal knowledge of a stepchild, adopted child or child of a cohabiting partner;

(ix) Section 97-29-59 relating to unnatural intercourse;

(x) Any other offense committed in another jurisdiction, which, if committed in this state, would be deemed to be such a crime without regard to its designation elsewhere; or

(xi) Any offense committed in another state for which registration is required in that state.

(g) "Sexual predator" means a person who has been convicted of a sex offense or offenses as described in Section 45-33-45 and who has been designated as a sexual predator according to the terms of that section.

(h) "Temporary residence" is defined as a place where the person abides, lodges, or resides for a period of fourteen (14) or more days in the aggregate during any calendar year and which is not the person's permanent address; for a person whose permanent residence is not in this state, the place where the person is employed, practices a vocation, or is enrolled as a student for any period of time in the state; or a place where a person routinely abides, lodges, or resides for a period of four (4) or more consecutive or nonconsecutive days in any month and which is not the person's permanent residence.

(i) "Department" unless otherwise specified is defined as the Mississippi Department of Public Safety.

SECTION 3. Section 45-33-25, Mississippi Code of 1972, is codified as follows:

45-33-25. Registration with Mississippi Department of Public Safety of all Convicted Sex Offenders; Registration Information.

(1) Any person residing in this state who has been convicted of any sex offense or attempted sex offense or who has been acquitted by reason of insanity for any sex offense or attempted sex offense or twice adjudicated delinquent for any sex offense or attempted sex offense shall register with the Mississippi Department of Public Safety. The department shall provide the initial registration information as well as every change of address to the sheriff of the county of the residence address of the registrant through either written notice, electronic or telephone transmissions, or online access to registration information. Further, the department shall provide this information to the Federal Bureau of Investigation. Additionally, upon notification by the registrant that he intends to reside outside the State of Mississippi, the department shall notify the appropriate state law enforcement agency of any state to which a registrant is moving or has moved.

(2) The following information shall be required for registration:

(a) Name;

(b) Address;

(c) Place of employment;

(d) Crime for which convicted;

(e) Date and place of conviction, adjudication or acquittal by reason of insanity;

(f) Aliases used;

(g) Social security number;

(h) Date of birth;

(i) Age, race, sex, height, weight, and hair and eye colors;

(j) A brief description of the offense or offenses for which the registration is required;

(k) Identifying factors;

(l) Anticipated future residence;

(m) Offense history;

(n) Photograph;

(o) Fingerprints;

(p) For sexual predators, documentation of any treatment received for any mental abnormality or personality disorder of the person;

(q) Blood sample; and

(r) Any other information deemed necessary.

(3) For purposes of this chapter, a person is considered to be residing in this state if he maintains a permanent or temporary residence as defined in Section 45-33-23, including students, temporary employees and military personnel on assignment.

SECTION 4. Section 45-33-27, Mississippi Code of 1972, is codified as follows:

45-33-27. Time Frame for Registration of Offenders.

(1) A person required to register on the basis of a conviction, adjudication of delinquency or acquittal by reason of insanity entered shall register within three (3) days of the date of judgment unless the person is immediately confined or committed, in which case the person shall register when released in accordance with the procedures established by the department. The court shall inform the person of the duty to register and obtain the information required for registration and forward the registration information to the department within three (3) days.

(2) If a person who is required to register under this section is released from prison or placed on parole or supervised release, the Department of Corrections shall perform the registration duties at the time of release and forward the registration information to the Department of Public Safety within three (3) days.

(3) If a person required to register under this section is placed on probation, the court, at the time of entering the order, shall obtain the registration information and forward the registration information to the Department of Public Safety within three (3) days.

(4) Any person required to register who is neither incarcerated, detained nor committed at the time the requirement to register shall attach shall present himself to the county sheriff who shall perform the registration duties and forward the registration information to the Department of Public Safety within three (3) days.

(5) An offender moving to or returning to this state from another jurisdiction shall notify the Department of Public Safety ten (10) days before the person first resides in or returns to a county in this state and shall register with the department within ten (10) days of first residing in or returning to a county of this state. The offender must then present himself to the sheriff of the county in which he intends to reside to provide the required registration information.

(6) A person, other than a person confined in a correctional or juvenile detention facility or involuntarily committed on the basis of mental illness, who is required to register on the basis of a sex offense for which a conviction, adjudication of delinquency or acquittal by reason of insanity was entered prior to July 1, 1995, shall register with the sheriff of the county in which he resides no later than August 15, 2000.

SECTION 5. Section 45-33-29, Mississippi Code of 1972, is codified as follows:

45-33-29. Address Change Notification.

Upon any change of address, an offender under this chapter must notify the department in writing no less than ten (10) days before he intends to first reside at the new address.

SECTION 6. Section 45-33-31, Mississippi Code of 1972, is codified as follows:

45-33-31. Re-registration.

A registrant shall re-register every ninety (90) days by submitting current information to the department verifying his registration information, including address, telephone number, place of employment, address of employment, and any other registration information that may need to be verified.

(a) The Department of Public Safety shall mail a nonforwardable verification form to the last reported address of the person every ninety (90) days.

(b) The person shall mail the verification form to the department within ten (10) days after receipt of the form verifying that the person resides at the address last reported.

(c) If the person fails to mail the verification form to the department within ten (10) days after receipt of the form, the person shall be in violation of this section.

SECTION 7. Section 45-33-33, Mississippi Code of 1972, is codified as follows:

45-33-33. Failure to Register; Penalties and Enforcement.

(1) The failure of an offender to provide any registration or other information, including, but not limited to, initial registration, re-registration or change of address information, as required by this chapter, is a violation of the law. Additionally, forgery of information or submission of information under false pretenses is also a violation of the law.

(2) Unless otherwise specified, a violation of this chapter shall be considered a felony and shall be punishable by a fine not more than Five Thousand Dollars ($5,000.00) or imprisonment in the State Penitentiary for not more than five (5) years, or both fine and imprisonment.

(3) Whenever it appears that an offender has failed to comply with the duty to register or re-register, the department shall promptly notify the sheriff of the county of the last known address of the offender. Upon notification, the sheriff shall attempt to locate the offender at his last known address.

(a) If the sheriff locates the offender he shall enforce the provisions of this chapter. The sheriff shall then notify the department with the current information regarding the offender.

(b) If the sheriff is unable to locate the offender, the sheriff shall promptly notify the department and initiate a criminal prosecution against the offender for the failure to register or re-register. The sheriff shall make the appropriate transactions into the Federal Bureau of Investigation's wanted-person database.

(4) A first violation of this chapter may result in the arrest of the offender. Upon any second or subsequent violation of this chapter, the offender shall be arrested for such violation.

SECTION 8. Section 45-33-35, Mississippi Code of 1972, is codified as follows:

45-33-35. Central Registry of Offenders; Duties of Agencies to Provide Information.

(1) The Mississippi Department of Public Safety shall maintain a central registry of sex offender information as defined in Section 45-33-25 and shall adopt rules and regulations necessary to carry out this section. The responsible agencies shall provide the information required in Section 45-33-25 on a form developed by the department to ensure accurate information is maintained.

(2) Upon conviction, adjudication or acquittal by reason of insanity of any sex offender, if the sex offender is not immediately confined or not sentenced to a term of imprisonment, the clerk of the court which convicted and sentenced the sex offender shall inform the person of the duty to register and shall perform the registration duties as described in Section 45-33-23 and forward the information to the department.

(3) Upon release from prison, placement on parole or supervised release, the Department of Corrections shall inform the person of the duty to register and shall perform the registration duties as described in Section 45-33-23 and forward the information to the Department of Public Safety.

(4) Upon release from confinement in a mental institution following an acquittal by reason of insanity, the director of the facility shall inform the offender of the duty to register and shall notify the Department of Public Safety of the offender's release.

(5) Upon release from a youthful offender facility, the director of the facility shall inform the person of the duty to register and shall perform the registration duties as described in Section 45-33-23 and forward the information to the Department of Public Safety.

(6) In addition to performing the registration duties, the responsible agency shall:

(a) Inform the person having a duty to register that:

(i) The person shall report in writing any change of address to the department ten (10) days before changing address.

(ii) Any change of address to another state shall be reported to the department in writing no less than ten (10) days before the change of address. The offender shall comply with any registration requirement in the new state.

(iii) The person must register in any state where the person is employed, carries on a vocation, is stationed in the military or is a student.

(iv) All address verifications must be returned to the department within the required time period.

(b) Require the person to read and sign a form stating that the duty of the person to register under this chapter has been explained.

(c) Obtain or facilitate the obtaining of a blood sample from every registrant as required by this chapter if such blood sample has not already been provided to the Mississippi Crime Lab.

SECTION 9. Section 45-33-37, Mississippi Code of 1972, is codified as follows:

45-33-37. DNA Identification System; Convicted Sex Offender to Provide Blood Sample for Purposes of DNA Identification Analysis.

(1) The Mississippi Crime Laboratory shall develop a plan for and establish a deoxyribonucleic acid (DNA) identification system. In implementing the plan, the Mississippi Crime Laboratory shall purchase the appropriate equipment. The DNA identification system as established herein shall be compatible with that utilized by the Federal Bureau of Investigation.

(2) From and after January 1, 1996, every individual convicted of a sex offense or in the custody of the Mississippi Department of Corrections for a sex offense as defined in Section 45-33-23 shall have a blood sample drawn for purposes of DNA identification analysis before release from or transfer to a state correctional facility or county jail or other detention facility.

(4) From and after January 1, 1996, any person having a duty to register under Section 45-33-25 for whom a DNA analysis is not already on file shall have a blood sample drawn for purposes of DNA identification analysis within five (5) working days after registration.

SECTION 10. Section 45-33-39, Mississippi Code of 1972, is codified as follows:

45-33-39. Notification to Defendant Charged with Sex Offense; Notice Included on any Guilty Plea Form and Judgement and Sentence Forms.

(1) The court shall provide written notification to any defendant charged with a sex offense as defined by this chapter of the registration requirements of Sections 45-33-25 and 45-33-31. Such notice shall be included on any guilty plea forms and judgment and sentence forms provided to the defendant. The court shall obtain a written acknowledgment of receipt on each occasion.

(2) A court imposing a sentence, disposition or order of commitment following acquittal by reason of insanity shall notify the offender of the registration requirements of Sections 45-33-25 and 45-23-31. The court shall obtain a written acknowledgment of receipt on each occasion.

SECTION 11. Section 45-33-41, Mississippi Code of 1972, is codified as follows:

45-33-41. Notification to Inmates and Offenders by Department of Corrections, County or Municipal Jails, and Juvenile Detention Facilities; Victim Notification.

(1) The Department of Corrections or any person having charge of a county or municipal jail or any juvenile detention facility shall provide written notification to an inmate or offender in the custody of the jail or other facility due to a conviction of or adjudication for a sex offense of the registration requirements of Sections 45-33-25 and 45-33-31 at the time of the inmate's or offender's confinement and release from confinement and shall receive a signed acknowledgment of receipt on both occasions.

(2) At least ten (10) days prior to the inmate's release from confinement, the Department of Corrections shall notify the victim of the offense or a designee of the immediate family of the victim regarding the date when the offender's release shall occur, provided a current address of the victim or designated family member has been furnished in writing to the Director of Records for such purpose.

SECTION 12. Section 45-33-43, Mississippi Code of 1972, is codified as follows:

45-33-43. Written Notification to Certain Applicants for a Driver's License.

At the time a person surrenders a driver's license from another jurisdiction and makes an application for a driver's license, the department shall provide the applicant with written information on the registration requirements of this chapter.

SECTION 13. Section 45-33-45, Mississippi Code of 1972, is codified as follows:

45-33-45. Sexual Predator Designation.

(1) The designation of a person as a sexual predator is neither a sentence nor a punishment, but is simply a status resulting from the conviction of certain crimes.

(2) An offender shall be designated a sexual predator in the State of Mississippi if:

(a) The offender is convicted of any of the following crimes on or after July 1, 1995.

(i) Section 97-3-65 relating to rape and carnal knowledge of a child under fourteen (14) years of age;

(ii) Section 97-3-71 relating to rape and assault with intent to ravish;

(iii) Section 97-3-95 relating to sexual battery;

(iv) Section 97-5-21 relating to seduction of a child under age eighteen (18);

(v) Section 97-5-33 relating to the exploitation of children;

(vi) Section 97-5-41 relating to the carnal knowledge of a stepchild, adopted child or child of a cohabiting partner; or

(vii) Any violation of a similar law of another jurisdiction.

(b) The offender receives two (2) separate convictions of any of the qualifying offenses as described in Section 45-33-23 as long as one (1) of the convictions was entered on or after July 1, 1995.

(c) The offender is twice adjudicated delinquent in a youth court for the crime of rape pursuant to Section 97-3-65 or sexual battery pursuant to Section 97-3-95.

(3) When an offender is before the court for sentencing for one of the above qualifying offenses, the sentencing court shall make a written finding at the time of sentencing that the offender is a sexual predator based on a first conviction for the crimes described in subsection (2)(a) above or a second conviction for any of the qualifying offenses in this chapter. The court shall submit a copy of the court order containing the written finding to the department and also to the Department of Corrections, if the offender is incarcerated.

(4) If the department, the Department of Corrections, or any other law enforcement agency obtains information suggesting an offender meets the "sexual predator" designation criteria, but has not been designated as a sexual predator in writing by the court, that agency shall notify the district attorney of the district in which the offender resides. The district attorney shall then seek a court order to obtain the designation.

(5) Any offender convicted as described in subsection (2) of this section shall be required to maintain lifetime registration without the opportunity to petition for removal from the sex offender registry.

(6) The offender will be considered a sexual predator for such convictions unless the conviction was set aside in any post-conviction proceeding or the offender received a pardon or similar relief. An offender who resides in Mississippi and who has been designated a sexual predator, a sexually violent predator or a similar designation in another state will be designated a sexual predator in the Mississippi sex offender registry.

SECTION 14. Section 45-33-47, Mississippi Code of 1972, is codified as follows:

45-33-47. Petition for Relief from Duty to Register; Grounds.

(1) A sex offender with a duty to register under Section 45-33-25 shall only be relieved of the duty under subsection (2) of this section.

(2) A person having a duty to register under Section 45-33-25 may petition the circuit court to be relieved of that duty under the following conditions:

(a) The offender has maintained his registration for not less than ten (10) years from the date of occurrence of at least one (1) of the following: release from prison, placement on parole, supervised release or probation.

(b) The offender has not been designated a sexual predator.

(3) In determining whether to release an offender from the obligation to register, the court shall consider the nature of the registerable offense committed and the criminal and relevant noncriminal behavior of the petitioner both before and after conviction. The court may relieve the offender of the duty to register only if the petitioner shows, by clear and convincing evidence, that future registration of the petitioner will not serve the purposes of this chapter.

SECTION 15. Section 45-33-49, Mississippi Code of 1972, is codified as follows:

45-33-49. Disclosure to Public; Notification of Schools and Day Care Centers; Guidelines for Sheriffs as to Notification; Maintenance of Records.

(1) Records maintained pursuant to this chapter shall be open to law enforcement agencies which shall be authorized to release relevant and necessary information regarding sex offenders to the public.

(2) The identity of a victim of an offense that requires registration under this chapter shall not be released.

(3) A sheriff shall maintain records for registrants of the county and shall make available to any person upon request the name, address, place of employment, crime for which convicted, date and place of conviction of any registrant, and any other information deemed necessary for the protection of the public. The sheriffs shall be responsible for verifying their respective registries annually against the department's records to ensure current information is available at both levels.

(4) Upon written request, the department may also provide to any person the name, address, photograph, if available, place of employment, crime for which convicted, date and place of conviction of any registrant, and any other information deemed necessary for the protection of the public. Additionally, the department may utilize an internet website or other electronic means to release the information.

(5) The Department of Education, the Mississippi Private School Association and the Department of Health shall notify all schools and licensed day care centers annually regarding the availability upon request of this information.

(6) Nothing in this section shall be construed to prevent law enforcement officers from notifying members of the public exposed to danger of any circumstances or individuals that pose a danger under circumstances that are not enumerated in this section.

(7) Nothing in this chapter shall be construed to prevent law enforcement officers from providing community notification of any circumstances or individuals that pose or could pose a danger under circumstances that are not enumerated in this chapter.

SECTION 16. Section 45-33-51, Mississippi Code of 1972, is codified as follows:

45-33-51. Misuse of Information; Penalties.

(1) Any person who willfully misuses or alters public record information relating to a sex offender or sexual predator, including information displayed by law enforcement agencies on web sites, shall be guilty of a misdemeanor and shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or imprisonment in the county jail not more than six (6) months, or both.

(2) The sale or exchange of sex offender information for profit is prohibited. Any violation of this subsection (2) is a misdemeanor and shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or imprisonment in the county jail not more than six (6) months, or both.

SECTION 17. Section 45-33-53, Mississippi Code of 1972, is codified as follows:

45-33-53. Immunity from Civil Liability; Immunity for Exercise of Discretion Under Act.

(1) An elected public official, public employee, or public agency is immune from civil liability for damages for any discretionary decision to release relevant and necessary information unless it is shown that the official, employee, or agency acted with gross negligence or in bad faith. The immunity provided under this section applies to the release of relevant information to other employees or officials or to the general public.

(2) Nothing in this chapter shall be deemed to impose any liability upon or to give rise to a cause of action against any public official, public employee, or public agency for failing to release information as authorized in this section.

(3) Notwithstanding any other provision of law to the contrary, any person who provides or fails to provide information relevant to the procedures set forth in this chapter shall not be liable therefor in any civil or criminal action. Nothing herein shall be deemed to grant any such immunity to any person for his willful or wanton act of commission or omission.

SECTION 18. Section 45-33-55, Mississippi Code of 1972, is codified as follows:

45-33-55. Exemptions for Expunction.

Except for juvenile criminal history information that has been sealed by order of the court, this chapter exempts sex offenses from laws of this state or court orders authorizing the destroying, expunging, purging or sealing of criminal history records to the extent such information is authorized for dissemination under this chapter.

SECTION 19. Section 45-33-57, Mississippi Code of 1972, is codified as follows:

45-33-57. Fees.

The Department of Public Safety may adopt regulations to establish fees to be charged for information requests.

SECTION 20. Sections 45-33-1, 45-33-3, 45-33-5, 45-33-7, 45-33-9, 45-33-11, 45-33-13, 45-33-15, 45-33-17 and 45-33-19, Mississippi Code of 1972, which deal with the registration of convicted sex offenders, are repealed.

SECTION 21. Sections 45-31-1, 45-31-5, 45-31-3, 45-31-7, 45-31-9, 45-31-11, 45-31-12, 45-31-13, 45-31-15, 45-31-17, and 45-31-19, Mississippi Code of 1972, which comprise the Sex Offense Criminal History Record Information Act, are repealed.

SECTION 22. This act shall take effect and be in force from and after July 1, 2000.