House Bill 673

(As Passed the House)

AN ACT TO REENACT SECTION 93-21-23, MISSISSIPPI CODE OF 1972, WHICH PROVIDES IMMUNITY FOR CERTAIN PERSONS PARTICIPATING IN DOMESTIC ABUSE REPORTS AND JUDICIAL PROCEEDINGS; TO REENACT SECTION 97-3-7, MISSISSIPPI CODE OF 1972, WHICH DEFINES THE CRIMES OF SIMPLE ASSAULT, AGGRAVATED ASSAULT AND DOMESTIC VIOLENCE AND ESTABLISHES PENALTIES FOR THOSE CRIMES; TO AMEND REENACTED SECTIONS 93-21-23 AND 97-3-7, MISSISSIPPI CODE OF 1972, TO INSERT THE REPEALER ON THOSE SECTIONS INTO THE SECTIONS AND TO EXTEND THE REPEALER TO JULY 1, 2008; TO AMEND SECTION 43-1-55, MISSISSIPPI CODE OF 1972, TO DELETE THE REPEALER ON SECTIONS 93-21-23 AND 97-3-7, MISSISSIPPI CODE OF 1972; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 93-21-23, Mississippi Code of 1972, is reenacted and amended as follows:

93-21-23. (1) Any licensed doctor of medicine, licensed doctor of dentistry, intern, resident or registered nurse, psychologist, social worker, child protection specialist, preacher, teacher, attorney, law enforcement officer, or any other person or institution participating in the making of a report pursuant to this chapter or participating in judicial proceedings resulting therefrom shall be presumed to be acting in good faith, and if found to have acted in good faith shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed. The reporting of an abused person shall not constitute a breach of confidentiality.

(2) This section shall stand repealed on July 1, 2008.

SECTION 2. Section 97-3-7, Mississippi Code of 1972, is reenacted and amended as follows:

97-3-7. (1) A person is guilty of simple assault if he (a) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or (b) negligently causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or (c) attempts by physical menace to put another in fear of imminent serious bodily harm; and, upon conviction, he shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) months, or both. However, a person convicted of simple assault (a) upon a statewide elected official, law enforcement officer, fireman, emergency medical personnel, public health personnel, social worker or child protection specialist employed by the Department of Human Services or another agency, superintendent, principal, teacher or other instructional personnel, school attendance officer, school bus driver, or a judge of a circuit, chancery, county, justice or youth court or a judge of the Court of Appeals or a justice of the Supreme Court, district attorney, legal assistant to a district attorney, county prosecutor, municipal prosecutor, court reporter employed by a court, court administrator, clerk or deputy clerk of the court, or public defender, while such statewide elected official, judge or justice, law enforcement officer, fireman, emergency medical personnel, public health personnel, social worker, child protection specialist, superintendent, principal, teacher or other instructional personnel, school attendance officer, school bus driver, district attorney, legal assistant to a district attorney, county prosecutor, municipal prosecutor, court reporter employed by a court, court administrator, clerk or deputy clerk of the court, or public defender is acting within the scope of his duty, office or employment, or (b) upon a legislator while the Legislature is in regular or extraordinary session or while otherwise acting within the scope of his duty, office or employment, shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment for not more than five (5) years, or both.

(2) A person is guilty of aggravated assault if he (a) attempts to cause serious bodily injury to another, or causes such injury purposely, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life; or (b) attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; and, upon conviction, he shall be punished by imprisonment in the county jail for not more than one (1) year or in the Penitentiary for not more than twenty (20) years. However, a person convicted of aggravated assault (a) upon a statewide elected official, law enforcement officer, fireman, emergency medical personnel, public health personnel, social worker or child protection specialist employed by the Department of Human Services or another agency, superintendent, principal, teacher or other instructional personnel, school attendance officer, school bus driver, or a judge of a circuit, chancery, county, justice or youth court or a judge of the Court of Appeals or a justice of the Supreme Court, district attorney, legal assistant to a district attorney, county prosecutor, municipal prosecutor, court reporter employed by a court, court administrator, clerk or deputy clerk of the court, or public defender, while such statewide elected official, judge or justice, law enforcement officer, fireman, emergency medical personnel, public health personnel, social worker, child protection specialist, superintendent, principal, teacher or other instructional personnel, school attendance officer, school bus driver, district attorney, legal assistant to a district attorney, county prosecutor, municipal prosecutor, court reporter employed by a court, court administrator, clerk or deputy clerk of the court, or public defender is acting within the scope of his duty, office or employment, or (b) upon a legislator while the Legislature is in regular or extraordinary session or while otherwise acting within the scope of his duty, office or employment, shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) or by imprisonment for not more than thirty (30) years, or both.

(3) A person is guilty of simple domestic violence who commits simple assault as described in subsection (1) of this section against a family or household member who resides with the defendant or who formerly resided with the defendant, a current or former spouse, a person who has a current dating relationship with the defendant, or a person with whom the defendant has had a biological or legally adopted child and upon conviction, the defendant shall be punished as provided under subsection (1) of this section; however, upon a third or subsequent conviction of simple domestic violence, whether against the same or another victim and within five (5) years, the defendant shall be guilty of a felony and sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. In sentencing, the court shall consider as an aggravating factor whether the crime was committed in the physical presence or hearing of a child under sixteen (16) years of age who was, at the time of the offense, living within either the residence of the victim, the residence of the perpetrator, or the residence where the offense occurred.

(4) A person is guilty of aggravated domestic violence who commits aggravated assault as described in subsection (2) of this section against a family or household member who resides with the defendant or who formerly resided with the defendant, or a current or former spouse, a person who has a current dating relationship with the defendant, or a person with whom the defendant has had a biological or legally adopted child and upon conviction, the defendant shall be punished as provided under subsection (2) of this section; however, upon a third or subsequent offense of aggravated domestic violence, whether against the same or another victim and within five (5) years, the defendant shall be guilty of a felony and sentenced to a term of imprisonment of not less than five (5) nor more than twenty (20) years. In sentencing, the court shall consider as an aggravating factor whether the crime was committed in the physical presence or hearing of a child under sixteen (16) years of age who was, at the time of the offense, living within either the residence of the victim, the residence of the perpetrator, or the residence where the offense occurred. Reasonable discipline of a child, such as spanking, is not an offense under this subsection (4).

(5) "Dating relationship" means a social relationship of a romantic or intimate nature.

(6) Every conviction of domestic violence may require as a condition of any suspended sentence that the defendant participate in counseling or treatment to bring about the cessation of domestic abuse. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court.

(7) In any conviction of assault as described in any subsection of this section which arises from an incident of domestic violence, the sentencing order shall include the designation "domestic violence."

(8) This section shall stand repealed on July 1, 2008.

SECTION 3. Section 43-1-55, Mississippi Code of 1972, is amended as follows:

43-1-55. (1) The Office of Family and Children's Services shall devise formal social worker standards for employment and service delivery designed to measure the quality of services delivered to clients, as well as the timeliness of services. Each social worker shall be assessed annually by a supervisor who is knowledgeable in the standards promulgated. The standards shall be applicable to all social workers working under the office.

(2) The Office of Family and Children's Services shall devise formal standards for child protection specialists of the Department of Human Services who are not licensed social workers. Those standards shall require that:

(a) In order to be employed as a child protection specialist, a person must have a bachelor's degree in either psychology, sociology, nursing, criminal justice or a related field, or a graduate degree in either law, psychology, sociology, nursing, criminal justice or a related field. The determination of what is a related field shall be made by certification of the State Personnel Board; and

(b) Before a person may provide services as a child protection specialist, the person shall complete four (4) weeks of intensive training provided by the training unit of the Office of Family and Children's Services, and shall take and receive a passing score on the certification test administered by the training unit upon completion of the four-week training. Upon receiving a passing score on the certification test, the person shall be certified as a child protection specialist by the Department of Human Services. Any person who does not receive a passing score on the certification test shall not be employed or maintain employment as a child protection specialist for the department. Further, a person, qualified as a child protection specialist through the procedures set forth above, shall not conduct forensic interviews of children until the specialist receives additional specialized training in child forensic interview protocols and techniques by a course or curriculum approved by the Department of Human Services to be not less than forty (40) hours.

(3) For the purpose of providing services in child abuse or neglect cases, youth court proceedings, vulnerable adults cases, and such other cases as designated by the Executive Director of Human Services, the caseworker or service provider may be a child protection specialist whose work is overseen by a licensed social worker.

(4) The Department of Human Services and the Office of Family and Children's Services shall seek to employ and use licensed social workers to provide the services of the office, and may employ and use child protection specialists to provide those services only in counties in which there is not a sufficient number of licensed social workers to adequately provide those services in the county.

(5) This section and Sections 43-21-261, 43-21-353, 43-21-355, 43-21-603, 43-27-109 and 43-47-7 * * * shall stand repealed on July 1, 2006.

SECTION 4. This act shall take effect and be in force from and after its passage.