Senate Bill 2308

AN ACT TO AMEND SECTION 97-5-39, MISSISSIPPI CODE OF 1972, TO REVISE THE CRIME OF NEGLECT OR CONTRIBUTING TO THE DELINQUENCY OF A CHILD AND THE FELONIOUS ABUSE OR BATTERY OF A CHILD; TO CREATE THE CRIME OF CHILD ENDANGERMENT, INCLUDING ENDANGERMENT IMPOSED BY MANUFACTURE OF ILLEGAL DRUGS AND ENDANGERMENT BY FAILING TO PREVENT ACCESS TO FIREARMS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 97-5-39, Mississippi Code of 1972, is amended as follows:

97-5-39. (1) (a) Any parent, legal guardian or caretaker who willfully deprives a child of necessary food, clothing, shelter, health care or supervision appropriate to the child's age, when the parent, guardian or caretaker is reasonably able to make the necessary provisions and the deprivation harms or is likely to substantially harm the child's physical, mental or emotional health is guilty of neglect of a child and may be sentenced to imprisonment for not more than one (1) year or to payment of a fine of not more than Three Thousand Dollars ($3,000.00), or both. If the deprivation results in substantial harm to the child's physical, mental or emotional health, the person may be sentenced to imprisonment for not more than five (5) years or to payment of a fine of not more than Ten Thousand Dollars ($10,000.00), or both. If a parent, guardian or caretaker responsible for the child's care in good faith selects and depends upon spiritual means or prayer for treatment or care of disease or remedial care of the child, this treatment or care is "health care," for purposes of subsection (1).

(b) A parent, legal guardian or caretaker who knowingly permits the continuing physical or sexual abuse of a child is guilty of neglect of a child and may be sentenced to imprisonment for not more than one (1) year or to payment of a fine of not more than Three Thousand Dollars ($3,000.00), or both.

(2) (a) A parent, legal guardian or caretaker who endangers the child's person or health by:

(i) Intentionally or recklessly causing or permitting a child to be placed in a situation likely to substantially harm the child's physical, mental or emotional health or cause the child's death; or

(ii) Knowingly causing or permitting the child to be present where any person is selling, manufacturing, possessing immediate precursors or chemical substances with intent to manufacture, or possessing a controlled substance, as defined in Section 41-29-139 or 41-29-313, is guilty of child endangerment and may be sentenced to imprisonment for not more than one (1) year or to payment of a fine of not more than Three Thousand Dollars ($3,000.00), or both.

(b) If the endangerment results in substantial harm to the child's physical, mental or emotional health, the person may be sentenced to imprisonment for not more than five (5) years or to payment of a fine of not more than Ten Thousand Dollars ($10,000.00), or both.

(c) This subsection (2) does not prevent a parent, legal guardian or caretaker from causing or permitting a child to engage in activities that are appropriate to the child's age, stage of development, and experience, or from selecting health care as defined in subsection (1)(a).

(d) A person who intentionally or recklessly causes a child under fourteen (14) years of age to be placed in a situation likely to substantially harm the child's physical health or cause the child's death as a result of the child's access to a loaded firearm is guilty of child endangerment and may be sentenced to imprisonment for not more than one (1) year or to payment of a fine of not more than Three Thousand Dollars ($3,000.00), or both.

(e) If the endangerment results in substantial harm to the child's physical health, the person may be sentenced to imprisonment for not more than five (5) years or to payment of a fine of not more than Ten Thousand Dollars ($10,000.00), or both.

(3) Nothing contained in this section shall prevent proceedings against such parent, guardian or other person under any statute of this state or any municipal ordinance defining any act as a crime or misdemeanor. Nothing in the provisions of this section shall preclude any person from having a right to trial by jury when charged with having violated the provisions of this section.

(4) After consultation with the Department of Human Services, a regional mental health center or an appropriate professional person, a judge may suspend imposition or execution of a sentence provided in subsections (1) and (2) of this section and in lieu thereof require treatment over a specified period of time at any approved public or private treatment facility.

(5) In any proceeding resulting from a report made pursuant to Section 43-21-353 of the Youth Court Law, the testimony of the physician making the said report regarding the child's injuries or condition or cause thereof shall not be excluded on the ground that such physician's testimony violates the physician-patient privilege or similar privilege or rule against disclosure. The physician's report shall not be considered as evidence unless introduced as an exhibit to his testimony.

(6) Any criminal prosecution arising from a violation of this section shall be tried in the circuit, county, justice or municipal court having jurisdiction; provided, however, that nothing herein shall abridge or dilute the contempt powers of the youth court.

SECTION 2. This act shall take effect and be in force from and after July 1, 2005.