House Bill 1302

AN ACT TO AMEND SECTIONS 45-33-25, 45-35-3 AND 63-1-35, MISSISSIPPI CODE OF 1972, TO REQUIRE DRIVER'S LICENSE IDENTIFICATION CARD OF A SEX OFFENDER TO BE DESIGNATED AS SUCH; 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 who holds or applies for a Mississippi driver's license, commercial driver's license, intermediate license, driving permit or state identification card shall at the time of registering as a sex offender obtain a new license or permit, if eligible, that denotes the individual is a registered sex offender. If an offender holds or applies for a state identification card pursuant to Section 45-35-3, then the identification card shall denote that the individual is a registered sex offender.

SECTION 2. Section 45-35-3, Mississippi Code of 1972, is amended as follows:

45-35-3. (1) Any person six (6) years of age or older may be issued an identification card by the department which is certified by the registrant and attested by the commissioner as to true name, correct age and such other identifying data as required by Section 45-35-5.

(2) Whenever the department issues or renews an identification card to an individual with a duty to register as a sex offender pursuant to Section 45-33-25, the identification card shall bear a designation that identifies the care holder as a criminal sex offender.

(3) Identification cards issued to an individual with a duty to register as a sex offender pursuant to Section 45-33-25, shall bear a designation that identifies the card holder as a criminal sex offender.

SECTION 3. Section 63-1-35, Mississippi Code of 1972, is amended as follows:

63-1-35. (1) The Commissioner of Public Safety shall prescribe the form of licenses issued pursuant to this article which shall, among other features, include a driver's license number assigned by the Department of Public Safety which, at the option of the licensee, may or may not be the social security number of the licensee. A licensee who chooses not to use his social security number as his driver's license number, except as otherwise provided under subsection (2) of this section, shall list his social security number with the department which shall cross reference the social security number with the driver's license number for purposes of identification. Additionally, each license shall bear a full face color photograph of the licensee in such form that the license and the photograph cannot be separated. Such photograph shall be taken so that one (1) exposure will photograph the applicant and the application simultaneously on the same film. The department shall use a process in the issuance of a license with a color photograph which shall prevent as nearly as possible any alteration, counterfeiting, duplication, reproduction, forging or modification of such license or the superimposition of a photograph without ready detection. Such photograph shall be replacedby the department at the time of renewal. Driver licenses, including photographs appearing thereon, may be renewed by electronic means according to rules and regulations promulgated by the commissioner. The Department of Public Safety may accept bank credit cards and debit cards in payment of fees for driver license renewals that are processed by electronic means and, if authorized by general law, may charge an additional fee for the use of such cards.

(2) The commissioner shall prescribe the form of licenses issued pursuant to this article to licensees who are not United States citizens and who do not possess a social security number issued by the United States government. The licenses of such persons shall include a number and/or other identifying features.

(3) Driver's licenses, driving permits, intermediate licenses and commercial driver's licenses issued to an individual with a duty to register as a sex offender pursuant to Section 45-33-25 shall bear a designation that identifies the licensee as a criminal sex offender.

SECTION 4. This act shall take effect and be in force from and after July 1, 2006.