House Bill 1034

(As Sent to Governor)

AN ACT TO AMEND SECTIONS 45-33-27, 45-33-29, 45-33-31, 45-33-33 AND 45-33-35, MISSISSIPPI CODE OF 1972, TO REQUIRE SEX OFFENDERS WHO ARE SUBJECT TO THE SEX OFFENDER REGISTRATION REQUIREMENTS TO FULFILL ALL REGISTRATION, REREGISTRATION, AND UPDATE OR VERIFICATION REQUIREMENTS BY PERSONALLY APPEARING AT A DEPARTMENT OF PUBLIC SAFETY DRIVER'S LICENSE STATION; TO AMEND SECTION 45-33-57, MISSISSIPPI CODE OF 1972, TO ALLOW IMPOSITION OF FEES TO BE ASSESSED AGAINST OFFENDERS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 45-33-27, Mississippi Code of 1972, is amended as follows:

45-33-27. (1) A person required to register on the basis of a conviction, adjudication of delinquency or acquittal by reason of insanity entered shall register by appearing in person at a Department of Public Safety Driver's License Station 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.

(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 ten (10) days. The person is also required to personally appear at a Department of Public Safety Driver's License Station within ten (10) days of release.

(3) If a person required to register under this section is placed on probation, the court, at the time of entering the order, shall inform the person of the duty to register, obtain the registration information and forward the registration information to the Department of Public Safety within ten (10) days. The person is also required to personally appear at a Department of Public Safety Driver's License Station within ten (10) days of the entry of the order.

(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 ten (10) days. The person is also required to personally appear at a Department of Public Safety Driver's License Station within ten (10) days of the time the requirement to register attaches.

(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. The person is also required to personally appear at a Department of Public Safety Driver's License Station within ten (10) days of first residing in or moving to a county of this state.

(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.

(7) Every person required to register shall show proof of domicile in this state. The commissioner shall promulgate any rules and regulations necessary to enforce this requirement and shall prescribe the means by which such person may show domicile in this state.

(8) Any driver's license photograph, I.D. photograph, sex offender photograph, finger print, driver's license application and/or anything submitted to the Department of Public Safety by a known convicted sex offender, registered or not registered, can be used by the Department of Public Safety or any other authorized law enforcement agency for any means necessary in registration, identification, investigation regarding their tracking or identification.

SECTION 2. Section 45-33-29, Mississippi Code of 1972, is amended as follows:

45-33-29. (1) Upon any change of address, an offender required to register under this chapter is required to personally appear at a Department of Public Safety Driver's License Station not less than ten (10) days before he intends to first reside at the new address.

(2) Upon any change in the status of a registrant's employment or vocation at any institution of higher learning, the offender is required to personally appear at a Department of Public Safety Driver's License Station within ten (10) days of the change.

SECTION 3. Section 45-33-31, Mississippi Code of 1972, is amended as follows:

45-33-31. All registrants are required to personally appear at a Department of Public Safety Driver's License Station to reregister every ninety (90) days. Reregistration includes the submission of current information to the department and the verification of registration information, including the street address and telephone number of the registrant; name, social security number, street address and telephone number of the registrant's employment along with any other registration information that may need to be verified and the payment of any required fees. A person who fails to reregister as required by this section commits a violation of this chapter.

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

45-33-33. (1) The failure of an offender to personally appear at a Department of Public Safety Driver's License Station or to provide any registration or other information, including, but not limited to, initial registration, reregistration or change of address information, or required notification to a volunteer organization, 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 reregister, 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 reregister. 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.

(5) Any prosecution for a violation of this section shall be brought by a prosecutor in the county of such violation.

(6) The Commissioner of Public Safety or his authorized agent shall suspend the driver's license of any offender failing to comply with the duty to report, register or reregister.

SECTION 5. Section 45-33-35, Mississippi Code of 1972, is amended as follows:

45-33-35. (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, including the duty to personally appear at a Department of Public Safety Driver's License Station, 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, including the duty to personally appear at a Department of Public Safety Driver's License Station, 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, including the duty to personally appear at a Department of Public Safety Driver's License Station, 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, including the duty to personally appear at a Department of Public Safety Driver's License Station, 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 is required to personally appear at a Department of Public Safety Driver's License Station at least ten (10) days before changing address.

(ii) Any change of address to another state shall be reported to the department by personally appearing at a Department of Public Safety Driver's License Station not 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 by personally appearing at a Department of Public Safety Driver's License Station within the required time period.

(v) Any verification of change in status of a registrant's enrollment, employment or vocation at any institution of higher learning shall be reported to the department by personally appearing at a Department of Public Safety Driver's License Station within ten (10) days of the change.

(vi) If the person has been convicted of a sex offense, the person shall notify any organization for which the person volunteers in which volunteers have direct, private or unsupervised contact with minors that the person has been convicted of a sex offense as provided in Section 45-33-32(1).

(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 biological sample from every registrant as required by this chapter if such biological sample has not already been provided to the Mississippi Crime Lab.

SECTION 6. Section 45-33-57, Mississippi Code of 1972, is amended as follows:

45-33-57. (1) The Department of Public Safety may adopt regulations to establish fees to be charged for information requests.

(2) The Department of Public Safety may adopt regulations to establish fees to be charged to registrants for registration, reregistration, and verification or change of address.

SECTION 7. This act shall take effect and be in force from and after July 1, 2005.