MISSISSIPPI LEGISLATURE

2004 Regular Session

To: Judiciary, Division B

By: Senator(s) Albritton

Senate Bill 2411

AN ACT TO AMEND SECTION 99-43-37, MISSISSIPPI CODE OF 1972, TO CLARIFY LEGISLATIVE INTENT UNDER THE CRIME VICTIMS' BILL OF RIGHTS THAT CRIME VICTIMS MAY SUBMIT BOTH A WRITTEN STATEMENT AND TESTIFY ORALLY; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 99-43-37, Mississippi Code of 1972, is amended as follows:

     99-43-37.  It is the discretion of the victim to exercise the right to be present and heard, where authorized by law, at a court proceeding.  The absence of the victim at the proceeding of the court does not preclude the court from going forward with the proceeding.  The right of the victim to be heard may be exercised, where authorized by law, at the discretion of the victim, through an oral statement or submission of a written statement, or both.

     SECTION 2.  This act shall take effect and be in force from and after its passage.