MISSISSIPPI LEGISLATURE
2006 Regular Session
To: Judiciary, Division B
By: Senator(s) Albritton, Tollison
AN ACT TO AMEND SECTIONS 45-33-23, 45-33-25, 45-33-27, 45-33-29, 45-33-31 AND 45-33-33, MISSISSIPPI CODE OF 1972, TO REVISE THE SEX OFFENDER REGISTRATION LAW BY MAKING CLARIFYING TECHNICAL CORRECTIONS; TO CREATE NEW SECTION 45-33-34, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR NOTIFICATION TO THE DEPARTMENT OF PUBLIC SAFETY OF THE REINCARCERATION OR COMMITMENT OF A REGISTERED SEX OFFENDER; TO AMEND SECTION 45-33-35, MISSISSIPPI CODE OF 1972, TO MAKE CLARIFYING TECHNICAL AMENDMENTS; TO AMEND SECTION 45-33-37, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR PARTICIPATION IN THE FEDERAL DNA INDEXING SYSTEM AND TO PROVIDE A "GOOD FAITH" CLAUSE FOR DNA INFORMATION; TO REQUIRE THE STATE TAX COMMISSION TO COLLECT SUFFICIENT INFORMATION TO DETERMINE FAILURE TO REGISTER AS A SEX OFFENDER BY THOSE PERSONS REQUIRED TO SO REGISTER AND TO SUSPEND THE VEHICLE REGISTRATION OF ANY SEX OFFENDER WHO FAILS TO REGISTER AS A SEX OFFENDER WHEN REQUIRED BY LAW TO DO SO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 45-33-23, Mississippi Code of 1972, is amended as follows:
45-33-23. For the purposes of this chapter, the following words shall have the meanings ascribed herein unless the context clearly requires otherwise:
(a) "Conviction" shall mean that, regarding the person's offense, there has been a determination or judgment of guilt as a result of a trialor the entry of a plea of guilty or nolo contendere regardless of whether adjudication is withheld. "Conviction of similar offenses" includes, but is not limited to, a conviction by a federal or military tribunal, including a court martial conducted by the Armed Forces of the United States, a conviction for an offense committed on an Indian Reservation or other federal property, and a conviction in any state of the United States.
(b) "Jurisdiction" shall mean any state court, federal court, military court or Indian tribunal.
(c) "Permanent residence" is defined as a place where the person abides, lodges, or resides for a period of fourteen (14) or more consecutive days.
(d) "Registration" means providing information to the appropriate agency within the time frame specified as required by this chapter.
(e) "Registration duties" means obtaining the registration information required on the form specified by the department as well as the photograph, fingerprints, and biological sample of the registrant. Biological samples are to be forwarded to the State Crime Laboratory pursuant to Section 45-33-37; the photograph, fingerprints and other registration information are to be forwarded to the Department of Public Safety within ten (10) days of registration.
(f) "Responsible agency" is defined as the person or government entity whose duty it is to obtain information from a criminal sex offender upon conviction and to transmit that information to the Mississippi Department of Public Safety.
(i) For a criminal sex offender being released from the custody of the Department of Corrections, the responsible agency is the Department of Corrections.
(ii) For a criminal sex offender being released from a county jail, the responsible agency is the sheriff of that county.
(iii) For a criminal sex offender being released from a municipal jail, the responsible agency is the police department of that municipality.
(iv) For a sex offender in the custody of youth court, the responsible agency is the youth court.
(v) For a criminal sex offender who is being placed on probation, including conditional discharge or unconditional discharge, without any sentence of incarceration, the responsible agency is the sentencing court.
(vi) For an offender who has been committed to a mental institution following an acquittal by reason of insanity, the responsible agency is the facility from which the offender is released. Specifically, the director of said facility shall notify the Department of Public Safety prior to the offender's release.
(vii) For a criminal sex offender who is being released from a jurisdiction outside this state or who has a prior conviction in another state and who is to reside in this state, the responsible agency is the Department of Public Safety.
(g) "Sex offense" means any of the following offenses:
(i) Section 97-3-53 relating to kidnapping, if the victim was below the age of sixteen (16);
(ii) Section 97-3-65 relating to rape; however, conviction or adjudication under Section 97-3-65(1)(a) on or after July 1, 1998, when the offender was eighteen (18) years of age or younger at the time of the alleged offense, shall not be a registrable sex offense;
(iii) Section 97-3-71 relating to rape and assault with intent to ravish;
(iv) Section 97-3-95 relating to sexual battery; however, conviction or adjudication under Section 97-3-95(1)(c) on or after July 1, 1998, when the offender was eighteen (18) years of age or younger at the time of the alleged offense, shall not be a registrable sex offense;
(v) Section 97-5-5 relating to enticing child for concealment, prostitution or marriage;
(vi) Section 97-5-23 relating to the touching of a child, mentally defective or incapacitated person or physically helpless person for lustful purposes;
(vii) Section 97-5-27 relating to the dissemination of sexually oriented material to children;
(viii) Section 97-5-33 relating to the exploitation of children;
(ix) Section 97-5-41 relating to the carnal knowledge of a stepchild, adopted child or child of a cohabiting partner;
(x) Section 97-29-59 relating to unnatural intercourse;
(xi) Section 97-1-7 relating to attempt to commit any of the above-referenced offenses;
(xii) Section 97-29-3 relating to adultery or fornication between teacher and pupil;
(xiii) Any other offense resulting in a conviction in another jurisdiction, whether state, federal or military, which, if committed in this state, would be deemed to be such a crime without regard to its designation elsewhere;
(xiv) Any offense resulting in a conviction in another jurisdiction, whether state, federal or military, for which registration is required in the jurisdiction where the conviction was had.
(h) "Temporary residence" is defined as a place where the person abides, lodges, or resides for a period of fourteen (14) or more days in the aggregate during any calendar year and which is not the person's permanent address; for a person whose permanent residence is not in this state, the place where the person is employed, practices a vocation, or is enrolled as a student for any period of time in the state; or a place where a person routinely abides, lodges or resides for a period of four (4) or more consecutive or nonconsecutive days in any month and which is not the person's permanent residence.
(i) "Department" unless otherwise specified is defined as the Mississippi Department of Public Safety.
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 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;
(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 public or private educational institution, including any secondary school, trade or professional institution or institution of higher education at which the offender is employed, carries on a vocation (with or without compensation) or is enrolled as a student; * * *
(s) Copy of conviction or sentencing order for the sex offense for which registration is required; and
(t) 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. Section 45-33-27, Mississippi Code of 1972, is amended as follows:
45-33-27. (1) A person required to register on the basis of a conviction, adjudication of delinquency or acquittal by reason of insanity entered shall register with the responsible agency within three (3) days of the date of judgment unless the person is immediately confined or committed, in which case the person shall register when released in accordance with the procedures established by the department. The person is also required to personally appear at a Department of Public Safety Driver's License Station within ten (10) days of registration with the responsible agency.
(2) If a person who is required to register under this section is released from prison or placed on parole or supervised release, the Department of Corrections shall perform the registration duties at the time of release and forward the registration information to the Department of Public Safety within ten (10) days. The person is also required to personally appear at a Department of Public Safety Driver's License Station within ten (10) days of release.
(3) If a person required to register under this section is placed on probation, the court, at the time of entering the order, shall inform the person of the duty to register, obtain the registration information and forward the registration information to the Department of Public Safety within ten (10) days. The person is also required to personally appear at a Department of Public Safety Driver's License Station within ten (10) days of the entry of the order.
(4) Any person required to register who is neither incarcerated, detained nor committed at the time the requirement to register shall attach shall present himself to the county sheriff who shall perform the registration duties and forward the registration information to the Department of Public Safety within ten (10) days. The person is also required to personally appear at a Department of Public Safety Driver's License Station within ten (10) days of the time the requirement to register attaches.
(5) An offender moving to or returning to this state from another jurisdiction shall notify the Department of Public Safety ten (10) days before the person first resides in or returns to a county in this state and shall register with the department within ten (10) days of first residing in or returning to a county of this state. The offender must then present himself to the sheriff of the county in which he intends to reside to provide the required registration information. The person is also required to personally appear at a Department of Public Safety Driver's License Station within ten (10) days of first residing in or moving to a county of this state.
(6) A person, other than a person confined in a correctional or juvenile detention facility or involuntarily committed on the basis of mental illness, who is required to register on the basis of a sex offense for which a conviction, adjudication of delinquency or acquittal by reason of insanity was entered prior to July 1, 1995, shall register with the sheriff of the county in which he resides no later than August 15, 2000.
(7) Every person required to register shall show proof of domicile in this state. The commissioner shall promulgate any rules and regulations necessary to enforce this requirement and shall prescribe the means by which such person may show domicile in this state.
(8) Any driver's license photograph, I.D. photograph, sex offender photograph, finger print, driver's license application and/or anything submitted to the Department of Public Safety by a known convicted sex offender, registered or not registered, can be used by the Department of Public Safety or any other authorized law enforcement agency for any means necessary in registration, identification, investigation regarding their tracking or identification.
SECTION 4. Section 45-33-29, Mississippi Code of 1972, is amended as follows:
45-33-29. (1) Upon any change of address, an offender required to register under this chapter is required to personally appear at a Department of Public Safety Driver's License Station not less than ten (10) days before he intends to first reside at the new address.
(2) Upon any change in the status of a registrant's employment or vocation at any public or private educational institution, including any secondary school, trade or professional institution or institution of higher education, the offender is required to personally appear at a Department of Public Safety Driver's License Station within ten (10) days of the change.
SECTION 5. Section 45-33-31, Mississippi Code of 1972, is amended as follows:
45-33-31. All registrants are required to personally appear at a Department of Public Safety Driver's License Station to reregister every ninety (90) days. Reregistration includes the submission of current information to the department and the verification of registration information, including the street address and telephone number of the registrant; name, * * * street address and telephone number of the registrant's employment along with any other registration information that may need to be verified and the payment of any required fees. A person who fails to reregister as required by this section commits a violation of this chapter.
SECTION 6. Section 45-33-33, Mississippi Code of 1972, is amended as follows:
45-33-33. (1) The failure of an offender to personally appear at a Department of Public Safety Driver's License Station or to provide any registration or other information, including, but not limited to, initial registration, reregistration or change of address information, or required notification to a volunteer organization, as required by this chapter, is a violation of the law. Additionally, forgery of information or submission of information under false pretenses is also a violation of the law.
(2) Unless otherwise specified, a violation of this chapter shall be considered a felony and shall be punishable by a fine not more than Five Thousand Dollars ($5,000.00) or imprisonment in the State Penitentiary for not more than five (5) years, or both fine and imprisonment.
(3) Whenever it appears that an offender has failed to comply with the duty to register or reregister, the department shall promptly notify the sheriff of the county of the last known address of the offender. Upon notification, the sheriff shall attempt to locate the offender at his last known address.
(a) If the sheriff locates the offender, he shall enforce the provisions of this chapter. The sheriff shall then notify the department with the current information regarding the offender.
(b) If the sheriff is unable to locate the offender, the sheriff shall promptly notify the department and initiate a criminal prosecution against the offender for the failure to register or reregister. The sheriff shall make the appropriate transactions into the Federal Bureau of Investigation's wanted-person database.
(4) A first violation of this chapter may result in the arrest of the offender. Upon any second or subsequent violation of this chapter, the offender shall be arrested for such violation.
(5) Any prosecution for a violation of this section shall be brought by a prosecutor in the county of such violation.
(6) The Commissioner of Public Safety or his authorized agent shall suspend the driver's license or driving privilege of any offender failing to comply with the duty to report, register or reregister.
SECTION 7. The following shall be codified as Section 45-33-34, Mississippi Code of 1972:
45-33-34. (1) It shall be the responsibility of the county sheriff to notify the department when a registered sex offender is reincarcerated for another offense or as the result of having violated probation, parole, conditional discharge or other sentence or court order.
(2) It shall be the responsibility of the offender, offender's guardian, offender's attorney-in-fact or the administrator of the institution to notify the department when a registered sex offender is committed to a mental institution for a reason other than the initial confinement following an acquittal by reason of insanity for a sex offense.
SECTION 8. Section 45-33-35, Mississippi Code of 1972, is amended as follows:
45-33-35. (1) The Mississippi Department of Public Safety shall maintain a central registry of sex offender information as defined in Section 45-33-25 and shall adopt rules and regulations necessary to carry out this section. The responsible agencies shall provide the information required in Section 45-33-25 on a form developed by the department to ensure accurate information is maintained.
(2) Upon conviction, adjudication or acquittal by reason of insanity of any sex offender, if the sex offender is not immediately confined or not sentenced to a term of imprisonment, the clerk of the court which convicted and sentenced the sex offender shall inform the person of the duty to register, including the duty to personally appear at a Department of Public Safety Driver's License Station, and shall perform the registration duties as described in Section 45-33-23 and forward the information to the department.
(3) Upon release from prison, placement on parole or supervised release, the Department of Corrections shall inform the person of the duty to register, including the duty to personally appear at a Department of Public Safety Driver's License Station, and shall perform the registration duties as described in Section 45-33-23 and forward the information to the Department of Public Safety.
(4) Upon release from confinement in a mental institution following an acquittal by reason of insanity, the director of the facility shall inform the offender of the duty to register, including the duty to personally appear at a Department of Public Safety Driver's License Station, and shall notify the Department of Public Safety of the offender's release.
(5) Upon release from a youthful offender facility, the director of the facility shall inform the person of the duty to register, including the duty to personally appear at a Department of Public Safety Driver's License Station, and shall perform the registration duties as described in Section 45-33-23 and forward the information to the Department of Public Safety.
(6) In addition to performing the registration duties, the responsible agency shall:
(a) Inform the person having a duty to register that:
(i) The person is required to personally appear at a Department of Public Safety Driver's License Station at least ten (10) days before changing address.
(ii) Any change of address to another state shall be reported to the department by personally appearing at a Department of Public Safety Driver's License Station not less than ten (10) days before the change of address. The offender shall comply with any registration requirement in the new state.
(iii) The person must register in any state where the person is employed, carries on a vocation, is stationed in the military or is a student.
(iv) All address verifications must be returned to the department by personally appearing at a Department of Public Safety Driver's License Station within the required time period.
(v) Any verification of change in status of a registrant's enrollment, employment or vocation at any public or private educational institution, including any secondary school, trade or professional institution, or institution of higher education shall be reported to the department by personally appearing at a Department of Public Safety Driver's License Station within ten (10) days of the change.
(vi) If the person has been convicted of a sex offense, the person shall notify any organization for which the person volunteers in which volunteers have direct, private or unsupervised contact with minors that the person has been convicted of a sex offense as provided in Section 45-33-32(1).
(b) Require the person to read and sign a form stating that the duty of the person to register under this chapter has been explained.
(c) Obtain or facilitate the obtaining of a biological sample from every registrant as required by this chapter if such biological sample has not already been provided to the Mississippi Crime Lab.
(d) Provide a copy of the order of conviction or sentencing order to the department at the time of registration.
SECTION 9. Section 45-33-37, Mississippi Code of 1972, is amended as follows:
45-33-37. (1) The Mississippi Crime Laboratory shall develop a plan for and establish a deoxyribonucleic acid (DNA) identification system. In implementing the plan, the Mississippi Crime Laboratory shall purchase the appropriate equipment. The DNA identification system as established herein shall be compatible with that utilized by the Federal Bureau of Investigation.
(2) From and after January 1, 1996, every individual convicted of a sex offense or in the custody of the Mississippi Department of Corrections for a sex offense as defined in Section 45-33-23 shall submit a biological sample for purposes of DNA identification analysis before release from or transfer to a state correctional facility or county jail or other detention facility.
(3) From and after January 1, 1996, any person having a duty to register under Section 45-33-25 for whom a DNA analysis is not already on file shall submit a biological sample for purposes of DNA identification analysis within five (5) working days after registration.
(4) The Mississippi Crime Laboratory shall be responsible for the policy management and administration of the state DNA identification record system to support law enforcement and other criminal justice agencies and shall:
(a) Promulgate rules and regulations to implement the provisions of this section; and
(b) Provide for cooperation with the Federal Bureau of Investigation and other criminal justice agencies relating to the state's participation in the CODIS program and the national DNA identification index or in any DNA database designated by the crime laboratory.
(5) A DNA sample obtained in good faith shall be deemed to have been obtained in accordance with the requirements of this section. Any entry into the database which is found to be erroneous shall not prohibit law enforcement officials from the legitimate use of information in the furtherance of a criminal investigation.
SECTION 10. (1) The State Tax Commission shall implement a motorist identification database program for the purpose of identifying the owners of vehicles in this state who are sex offenders. The commission shall contract with a private vendor to implement the program. Such vendor shall have experience in managing large-scale data management services for governmental entities. The commission, or its designated agent, shall convene a work group consisting of representatives of the sex offender registry, the Department of Insurance and the State Tax Commission to develop a plan for the program. The commission, or its designated agent, shall be responsible for requesting any appropriate information on a recurring basis necessary to compile and maintain the database.
(2) If a title holder who is so required fails to register within thirty (30) days from receipt of notice, a vehicle registration suspension notice shall be mailed to the vehicle registrant who shall have fifteen (15) business days from receipt of the notice to register as a sex offender. If the vehicle registrant fails to respond within the required time period or if his response fails to show proof of sex offender registration as required by this section, his vehicle registration shall be suspended and a fee in the amount of Five Hundred Dollars ($500.00) shall be charged to reinstate the registration. For any second and subsequent suspension pursuant to this subsection, a fee of One Thousand Dollars ($1,000.00) shall be charged to reinstate the registration. The vehicle registrant whose registration has been suspended may make a written request, within ten (10) days after receipt of notice of the suspension, to the commission for a hearing and such request shall operate as a stay of any suspension pending the outcome of the hearing. The hearing officer shall review the merits of the suspension and make a determination on its status. Any person whose suspension has been sustained shall have the right to appeal in a court of proper jurisdiction. However, the suspension shall not be stayed by the commission or any court while the appeal is pending. No vehicle registration may be renewed or transferred while it is in a suspended condition. Reinstatement fees collected under this subsection shall be deposited into the State General Fund; provided, however, that five percent (5%) of the collected fees shall be deposited into a special fund hereby created and named the "Motorist Identification Database Fund" to be used by the State Tax Commission to administer this section, and five percent (5%) of the collected fees shall be evenly distributed to the counties of this state.
SECTION 11. This act shall take effect and be in force from and after July 1, 2006.