2006 Regular Session

To: Judiciary, Division B

By: Senator(s) Nunnelee

Senate Bill 2736



     SECTION 1.  Section 43-21-255, Mississippi Code of 1972, is amended as follows:

     43-21-255.  (1)  Except as otherwise provided by this section, all records involving children made and retained by law enforcement officers and agencies or by the youth court prosecutor and the contents thereof shall be kept confidential and shall not be disclosed except as provided in Section 43-21-261.

     (2)  A child in the jurisdiction of the youth court and who has been taken into custody for an act, which if committed by an adult would be considered a felony or offenses involving possession or use of a dangerous weapon or any firearm, may be photographed or fingerprinted or both.  Any law enforcement agency taking such photographs or fingerprints shall immediately report the existence and location of the photographs and fingerprints to the youth court.  Copies of fingerprints known to be those of a child shall be maintained on a local basis only.  Such copies of fingerprints may be forwarded to another local, state or federal bureau of criminal identification or regional depository for identification purposes only.  Such copies of fingerprints shall be returned promptly and shall not be maintained by such agencies.

     (3)  Any law enforcement record involving children who have been taken into custody for an act, which if committed by an adult would be considered a felony and/or offenses involving possession or use of a dangerous weapon including photographs and fingerprints, may be released to a law enforcement agency supported by public funds, youth court officials and appropriate school officials without a court order under Section 43-21-261.  Law enforcement records shall be released to youth court officials and to appropriate school officials upon written request.  Except as provided in subsection (4) of this section, any law enforcement agency releasing such records of children in the jurisdiction of the youth court shall immediately report the release and location of the records to the youth court.  The law enforcement agencies, youth court officials and school officials receiving such records are prohibited from using the photographs and fingerprints for any purpose other than for criminal law enforcement and juvenile law enforcement.  Each law enforcement officer or employee, each youth court official or employee and each school official or employee receiving the records shall submit to the sender a signed statement acknowledging his or her duty to maintain the confidentiality of the records.  In no instance shall the fact that such records of children in the jurisdiction of the youth court exist be conveyed to any private individual, firm, association or corporation or to any public or quasi-public agency the duties of which do not include criminal law enforcement or juvenile law enforcement.

     (4)  When a child's driver's license is suspended for refusal to take a test provided under the Mississippi Implied Consent Law, the law enforcement agency shall report such refusal, without a court order under Section 43-21-261, to the Commissioner of Public Safety in the same manner as such suspensions are reported in cases involving adults.

     (5)  All records involving a child convicted as an adult or who has been twice adjudicated delinquent for a sex offense as defined by Section 45-33-23, Mississippi Code of 1972, shall be public and shall not be kept confidential.  Records involving a child who has been once adjudicated delinquent for his first sex offense shall become public and shall no longer be confidential if the child fails to complete or otherwise violates a youth court order that he undergo residential treatment or community counseling, and the youth court in a subsequent order finds that such failure or violation of the order occurred.

     SECTION 2. 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 who violates a youth court dispositional order after being adjudicated delinquent for a first sex offense as specified in Section 43-21-255(5), Mississippi Code of 1972, and any juvenile offender entering this state subject to the Interstate Compact on Juveniles (Section 43-25-1, Mississippi Code of 1972) who was adjudicated delinquent in another state for a first sex offense but did not complete residential treatment following that 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;

          (c)  Place of employment;

          (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.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2006.