MISSISSIPPI LEGISLATURE
2005 Regular Session
To: Public Health and Welfare; Judiciary, Division A
By: Senator(s) Burton
AN ACT TO CODIFY SECTION 43-11-28, MISSISSIPPI CODE OF 1972, TO REQUIRE NURSING FACILITY RESIDENTS AND THEIR FAMILIES TO BE PROVIDED VULNERABLE ADULT EDUCATION AWARENESS AND CONTACT INFORMATION UPON ADMISSION OF THE RESIDENT, TO PROVIDE CIVIL FINES FOR FAILURE TO PROVIDE SUCH INFORMATION; TO CODIFY SECTION 43-47-39, MISSISSIPPI CODE OF 1972, TO ESTABLISH A VULNERABLE ADULT EDUCATION, TRAINING, INVESTIGATION AND PROSECUTION FUND TO ASSIST IN LAW ENFORCEMENT TRAINING RELATING TO THE VULNERABLE ADULTS ACT AND TO PROVIDE FUNDING FOR THE VULNERABLE ADULTS UNIT OF THE ATTORNEY GENERAL'S OFFICE; TO AMEND SECTION 99-19-73, MISSISSIPPI CODE OF 1972, TO PROVIDE AN ADDITIONAL ASSESSMENT ON TRAFFIC, IMPLIED CONSENT LAW AND OTHER MISDEMEANORS AND FELONIES TO BE PAID INTO THE VULNERABLE ADULT FUND; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following provision shall be codified as Section 43-11-28, Mississippi Code of 1972:
43-11-28. (1) All care facility residents/patients and their responsible parties shall be provided at the time of admission a one-page document, separate and apart from all other admission documents, which shall contain the contact names and phone numbers of (a) the ombudsman assigned to the facility; (b) the head of the care facility's family council or similar association of residents' families; (c) state government-operated abuse hotlines, including the Office of the Attorney General and the Mississippi Department of Health; and (d) information explaining that in an emergency or life-threatening situation, it is appropriate to call 911.
(2) An identical document shall be prominently posted at all times in all public places, including, but not limited to, cafeterias or dining halls, family council meeting rooms and visiting areas.
(3) The facility shall require the resident and the resident's responsible party to sign a log or similar form to show receipt of the document.
(4) The State Department of Health may require the care facility to provide additional contact information on the document.
(5) Failure to provide the document to the resident and the resident's responsible party at admission or prominently post the document in public areas shall result in (a) a warning for the first violation; and (b) a Two Hundred Fifty Dollar ($250.00) fine for each additional occurrence. All proceeds from these fines shall be placed in the Vulnerable Adults Education, Training, Investigation and Prosecution Trust Fund, as defined in Section 43-47-39, Mississippi Code of 1972.
SECTION 2. The following provision shall be codified as Section 43-47-39, Mississippi Code of 1972:
43-47-39. (1) The Office of Attorney General, Vulnerable Adults Unit, shall establish the Vulnerable Adults Education, Training, Investigation and Prosecution Trust Fund to provide funding for the Vulnerable Adults Unit in the Office of the Attorney General to assist in the education and training of law enforcement officers, judges, state agencies, health professionals and the general public with regard to issues arising under the Vulnerable Adults Act and to provide funding for the Vulnerable Adults Unit in the Office of the Attorney General to assist in the investigation and prosecution of statewide offenders who abuse, neglect or exploit vulnerable adults.
(2) Funding shall be provided by assessments collected from violations set out in Section 99-19-73.
SECTION 3. Section 99-19-73, Mississippi Code of 1972, is amended as follows:
99-19-73. (1) Traffic Violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation in Title 63, Mississippi Code of 1972, except offenses relating to the Mississippi Implied Consent Law (Section 63-11-1 et seq.) and offenses relating to vehicular parking or registration:
FUND AMOUNT
State Court Education Fund......................... $ 1.50
State Prosecutor Education Fund.................... 1.00
Vulnerable Adult Education, Training,
Investigation and Prosecution Fund........... .50
Driver Training Penalty Assessment Fund............ 7.00
Law Enforcement Officers Training Fund............. 5.00
Spinal Cord and Head Injury Trust Fund
(for all moving violations)................... 4.00
Emergency Medical Services Operating Fund.......... 10.00
Mississippi Leadership Council on Aging Fund....... 1.00
Law Enforcement Officers and Fire Fighters Death
Benefits Trust Fund........................... .50
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for legal
assistants to district attorneys.............. 1.00
Crisis Intervention Mental Health Fund............. 10.00
Drug Court Fund.................................. 10.00
TOTAL STATE ASSESSMENT............................. $ 51.50
(2) Implied Consent Law Violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or any other penalty for any violation of the Mississippi Implied Consent Law (Section 63-11-1 et seq.):
FUND AMOUNT
Crime Victims' Compensation Fund................... $ 10.00
State Court Education Fund......................... 1.50
State Prosecutor Education Fund.................... 1.00
Vulnerable Adult Education, Training,
Investigation and Prosecution Fund........... .50
Driver Training Penalty Assessment Fund............ 7.00
Driver Training Penalty Assessment Fund............ 22.00
Law Enforcement Officers Training Fund............. 11.00
Emergency Medical Services Operating Fund.......... 10.00
Mississippi Alcohol Safety Education Program Fund.. 5.00
Federal-State Alcohol Program Fund................. 10.00
Mississippi Crime Laboratory
Implied Consent Law Fund...................... 25.00
Spinal Cord and Head Injury Trust Fund............. 25.00
Capital Defense Counsel Special Fund............... 1.00
State General Fund................................. 35.00
Law Enforcement Officers and Fire Fighters Death
Benefits Trust Fund........................... .50
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for legal
assistants to district attorneys.............. 1.00
Crisis Intervention Mental Health Fund............. 10.00
Drug Court Fund.................................... 10.00
TOTAL STATE ASSESSMENT............................. $178.50
(3) Game and Fish Law Violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation of the game and fish statutes or regulations of this state:
FUND AMOUNT
State Court Education Fund......................... $ 1.50
State Prosecutor Education Fund.................... 1.00
Vulnerable Adult Education, Training,
Investigation and Prosecution Fund........... .50
Driver Training Penalty Assessment Fund............ 7.00
Law Enforcement Officers Training Fund............. 5.00
Hunter Education and Training Program Fund......... 5.00
State General Fund................................. 30.00
Law Enforcement Officers and Fire Fighters Death
Benefits Trust Fund........................... .50
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for legal
assistants to district attorneys.............. 1.00
Crisis Intervention Mental Health Fund............. 10.00
Drug Court Fund.................................... 10.00
TOTAL STATE ASSESSMENT............................. $ 64.50
(4) Litter Law Violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation of Section 97-15-29 or 97-15-30:
FUND AMOUNT
Statewide Litter Prevention Fund................... $ 25.00
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for legal
assistants to district attorneys.............. 1.00
Crisis Intervention Mental Health Fund............. 10.00
Drug Court Fund.................................... 10.00
TOTAL STATE ASSESSMENT............................. $ 46.00
(5) Other Misdemeanors. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any misdemeanor violation not specified in subsection (1), (2) or (3) of this section, except offenses relating to vehicular parking or registration:
FUND AMOUNT
Crime Victims' Compensation Fund................... $ 10.00
State Court Education Fund......................... 1.50
State Prosecutor Education Fund.................... 1.00
Vulnerable Adult Education, Training,
Investigation and Prosecution Fund........... .50
Driver Training Penalty Assessment Fund............ 7.00
Law Enforcement Officers Training Fund............. 5.00
Capital Defense Counsel Special Fund................ 1.00
State General Fund................................. 30.00
State Crime Stoppers Fund........................... 1.50
Law Enforcement Officers and Fire Fighters Death
Benefits Trust Fund............................ .50
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for legal
assistants to district attorneys............... 1.00
Crisis Intervention Mental Health Fund.............. 10.00
Drug Court Fund...................................... 8.00
Judicial Performance Fund............................ 2.00
TOTAL STATE ASSESSMENT............................. $ 72.00
(6) Other Felonies. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any felony violation not specified in subsection (1), (2) or (3) of this section:
FUND AMOUNT
Crime Victims' Compensation Fund................... $ 10.00
State Court Education Fund......................... 1.50
State Prosecutor Education Fund.................... 1.00
Vulnerable Adult Education, Training,
Investigation and Prosecution Fund........... .50
Driver Training Penalty Assessment Fund............ 7.00
Law Enforcement Officers Training Fund............. 5.00
Capital Defense Counsel Special Fund............... 1.00
State General Fund................................. 60.00
Criminal Justice Fund.............................. 50.00
Law Enforcement Officers and Fire Fighters Death
Benefits Trust Fund........................... .50
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for legal
assistants to district attorneys.............. 1.00
Crisis Intervention Mental Health Fund............. 10.00
Drug Court Fund.................................... 10.00
TOTAL STATE ASSESSMENT............................. $150.50
(7) If a fine or other penalty imposed is suspended, in whole or in part, such suspension shall not affect the state assessment under this section. No state assessment imposed under the provisions of this section may be suspended or reduced by the court.
(8) After a determination by the court of the amount due, it shall be the duty of the clerk of the court to promptly collect all state assessments imposed under the provisions of this section. The state assessments imposed under the provisions of this section may not be paid by personal check. It shall be the duty of the chancery clerk of each county to deposit all such state assessments collected in the circuit, county and justice courts in such county on a monthly basis with the State Treasurer pursuant to appropriate procedures established by the State Auditor. The chancery clerk shall make a monthly lump-sum deposit of the total state assessments collected in the circuit, county and justice courts in such county under this section, and shall report to the Department of Finance and Administration the total number of violations under each subsection for which state assessments were collected in the circuit, county and justice courts in such county during such month. It shall be the duty of the municipal clerk of each municipality to deposit all such state assessments collected in the municipal court in such municipality on a monthly basis with the State Treasurer pursuant to appropriate procedures established by the State Auditor. The municipal clerk shall make a monthly lump-sum deposit of the total state assessments collected in the municipal court in such municipality under this section, and shall report to the Department of Finance and Administration the total number of violations under each subsection for which state assessments were collected in the municipal court in such municipality during such month.
(9) It shall be the duty of the Department of Finance and Administration to deposit on a monthly basis all such state assessments into the proper special fund in the State Treasury. The monthly deposit shall be based upon the number of violations reported under each subsection and the pro rata amount of such assessment due to the appropriate special fund. The Department of Finance and Administration shall issue regulations providing for the proper allocation of these special funds.
(10) The State Auditor shall establish by regulation procedures for refunds of state assessments, including refunds associated with assessments imposed before July 1, 1990, and refunds after appeals in which the defendant's conviction is reversed. The Auditor shall provide in such regulations for certification of eligibility for refunds and may require the defendant seeking a refund to submit a verified copy of a court order or abstract by which such defendant is entitled to a refund. All refunds of state assessments shall be made in accordance with the procedures established by the Auditor.
SECTION 4. This act shall take effect and be in force from and after July 1, 2005.