MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Judiciary B

By: Representative Watson, Scott (80th)

AN ACT TO AMEND SECTION 93-21-7, MISSISSIPPI CODE OF 1972, TO ALLOW THE WAIVER OF FILING FEES IN DOMESTIC ABUSE CASES; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 93-21-7, Mississippi Code of 1972, is amended as follows:

93-21-7. (1) A person may seek relief under this chapter for himself by filing a petition with the court alleging abuse by the defendant. Any parent, adult household member, or next friend of the abused person may seek relief under this chapter on behalf of any minor children or any person alleged to be incompetent by filing a petition with the court alleging abuse by the defendant.

(2) The abused in any petition for a protection order sought pursuant to this chapter shall not bear the costs associated with its filing or the costs associated with the issuance of service of a warrant or witness subpoena. If the court finds that abuse has been committed, the court shall be authorized to assess all costs to the person guilty of abuse. Nothing in this section shall be construed as prohibiting a judge from assessing costs if the allegations of abuse are determined to be false.

SECTION 2. This act shall take effect and be in force from and after July 1, 2001.