House Bill 756

AN ACT TO AMEND SECTION 45-33-25, MISSISSIPPI CODE OF 1972, TO PROHIBIT SEX OFFENDERS FROM ESTABLISHING RESIDENCY NEAR SCHOOLS, DAY CARE CENTERS, PARKS OR CERTAIN OTHER AREAS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 45-33-25, Mississippi Code of 1972, is amended as follows:

45-33-25. (1) Any person residing in this state who has been convicted of any sex offense or attempted sex offense or who has been acquitted by reason of insanity for any sex offense or attempted sex offense or twice adjudicated delinquent for any sex offense or attempted sex offense shall register with the Mississippi Department of Public Safety. Registration shall not be required for an offense that is not a registrable sex offense. The department shall provide the initial registration information as well as every change of address to the sheriff of the county of the residence address of the registrant through either written notice, electronic or telephone transmissions, or online access to registration information. Further, the department shall provide this information to the Federal Bureau of Investigation. Additionally, upon notification by the registrant that he intends to reside outside the State of Mississippi, the department shall notify the appropriate state law enforcement agency of any state to which a registrant is moving or has moved.

(2) Any person required to register under this chapter shall submit the following information at the time of registration:

(a) Name, including a former name which has been legally changed;

(b) Street address;

(d) Crime for which convicted;

(e) Date and place of conviction, adjudication or acquittal by reason of insanity;

(f) Aliases used;

(g) Social security number;

(h) Date and place of birth;

(i) Age, race, sex, height, weight, and hair and eye colors;

(j) A brief description of the offense or offenses for which the registration is required;

(k) Identifying factors;

(l) Anticipated future residence;

(m) Offense history;

(n) Photograph;

(o) Fingerprints;

(p) Documentation of any treatment received for any mental abnormality or personality disorder of the person;

(q) Biological sample;

(r) Name of any institution of higher learning at which the offender is employed, carries on a vocation (with or without compensation) or is enrolled as a student; and

(s) Any other information deemed necessary.

(3) For purposes of this chapter, a person is considered to be residing in this state if he maintains a permanent or temporary residence as defined in Section 45-33-23, including students, temporary employees and military personnel on assignment.

(4) Any person required to register under this chapter shall not establish a permanent or temporary residence in this state within five (5) miles of any school, school property, day care center, park or other area where children may be present. Failure to comply with the provisions of this subsection shall be a violation of this chapter.

SECTION 2. This act shall take effect and be in force from and after its passage.