MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Judiciary B

By: Representative Watson, Scott (80th)

AN ACT TO AMEND SECTION 93-21-3, MISSISSIPPI CODE OF 1972, TO REVISE DEFINITIONS IN THE PROTECTION FROM DOMESTIC ABUSE LAW; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 93-21-3, Mississippi Code of 1972, is amended as follows:

93-21-3. As used in this chapter, unless the context otherwise requires:

(a) "Abuse" means the occurrence of one or more of the following acts between family or household members who reside together or who formerly resided together or between individuals who have, or who have had a dating relationship:

(i) Attempting to cause or intentionally, knowingly or recklessly causing bodily injury or serious bodily injury with or without a deadly weapon;

(ii) Placing, by physical menace or threat, another in fear of imminent serious bodily injury; or

(iii) Criminal sexual conduct committed against a minor within the meaning of Section 97-5-23.

(b) "Adult" means any person eighteen (18) years of age or older, or any person under eighteen (18) years of age who has been emancipated by marriage.

(c) "Court" means the chancery court, or the justice court, municipal court or county court.

(d) "Dating relationship" means a social relationship of a romantic or intimate nature; and where the existence of such a relationship shall be determined based on consideration of the following factors:

(i) The length of the relationship;

(ii) The type of the relationship; and

(iii) The frequency of interaction between the persons involved in the relationship.

(e) "Family or household member" means spouses, former spouses, persons living as spouses, parents and children, or other persons related by consanguinity or affinity.

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