Senate Bill 2865

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; TO AMEND SECTION 45-33-47, MISSISSIPPI CODE OF 1972, TO CLARIFY WHEN SEX OFFENDERS' NAMES CAN BE REMOVED FROM THE STATE REGISTRY; 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 card 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. Section 45-33-47, Mississippi Code of 1972, is amended as follows:

45-33-47. (1) A sex offender with a duty to register under Section 45-33-25 shall only be relieved of the duty under subsection (2) of this section.

(2) A person having a duty to register under Section 45-33-25 may petition the circuit court of the sentencing jurisdiction to be relieved of that duty under the following conditions:

(a) The offender has maintained his registration in Mississippi for not less than ten (10) years from the most recent date of occurrence of at least one (1) of the following: release from prison, placement on parole, supervised release or probation. Incarceration for any offense will restart the ten-year minimum registration requirement. Registration in any other jurisdiction or state does not reduce the ten-year time requirement for maintaining registration in Mississippi.

(b) If the offender has been convicted of one (1) of the following offenses, the offender is subject to lifetime registration and shall not be relieved of the duty to register:

(i) Section 97-3-65 relating to rape;

(ii) Section 97-3-71 relating to rape and assault with intent to ravish;

(iii) Section 97-3-95 relating to sexual battery;

(iv) Subsection (1) or (2) of Section 97-5-33 relating to the exploitation of children;

(v) Section 97-5-41 relating to the carnal knowledge of a stepchild, adopted child or child of a cohabiting partner; or

(vi) Any conviction for violation of a similar law of another jurisdiction.

(c) An offender who has two (2) separate convictions for any of the offenses described in Section 45-33-23 is subject to lifetime registration and shall not be eligible to petition to be relieved of the duty to register as long as at least one (1) of the convictions was entered on or after July 1, 1995.

(d) An offender who resides in Mississippi and who has been designated a sexual predator, a sexually violent predator or a similar designation in another state, is subject to lifetime registration and shall not be eligible to petition to be relieved of the duty to register.

(e) An offender twice adjudicated delinquent in a youth court for the crime of rape pursuant to Section 96-3-65 or sexual battery pursuant to Section 97-3-95 is subject to lifetime registration and shall not be eligible to petition to be relieved of the duty to register.

(f) The department shall continue listing on the registry the name and information of all offenders convicted in Mississippi who no longer work, reside or attend school in the state even after moving to another state and registering as required by law. The registry shall note that the offender moved out of state.

(3) In determining whether to release an offender from the obligation to register, the court shall consider the nature of the registrable offense committed and the criminal and relevant noncriminal behavior of the petitioner both before and after conviction. The court may relieve the offender of the duty to register only if the petitioner shows, by clear and convincing evidence, that the registrant properly maintained his registration as required by law and that future registration of the petitioner will not serve the purposes of this chapter.

(4) The offender will be required to continue registration for any sex offense conviction unless the conviction is set aside in any post-conviction proceeding or the offender receives a pardon * * *. Upon submission of the appropriate documentation to the department of one (1) of these occurrences, registration duties will be discontinued.

SECTION 5. This act shall take effect and be in force from and after July 1, 2006.