Adopted

COMMITTEE AMENDMENT NO 1 PROPOSED TO

House Bill No.  612

BY: Committee

     Amend by striking all after the enacting clause and inserting in lieu thereof the following:

 

     SECTION 1.  Section 97-3-104, Mississippi Code of 1972, is amended as follows:

     97-3-104.  It is unlawful for any jailer, guard, employee of the Department of Corrections, sheriff, constable, marshal or other officer to engage in any sexual penetration, as defined in Section 97-3-97, or have carnal knowledge of any offender, with * * * the offender's consent, who is incarcerated at any jail or any state, county or private correctional facility or who is serving on probation, parole, earned-release supervision, post-release supervision, earned probation or any other form of correctional supervision.  Any person who violates this section is guilty of a felony and upon conviction shall be fined not more than Five Thousand Dollars ($5,000.00) or imprisoned for a term not to exceed five (5) years, or both.

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

     Further, amend by striking the title in its entirety and inserting in lieu thereof the following:

 

     AN ACT TO AMEND SECTION 97-3-104, MISSISSIPPI CODE OF 1972, TO PROHIBIT SEXUAL ACTIVITY BETWEEN CORRECTION EMPLOYEES AND OFFENDERS WHO ARE UNDER CORRECTIONAL SUPERVISION; AND FOR RELATED PURPOSES.

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