SB2120_H_Cmte_Amend

Adopted

COMMITTEE AMENDMENT NO 1 PROPOSED TO

Senate Bill No. 2120

BY: Committee

Amend by striking all after the enacting clause and inserting in lieu thereof the following:

SECTION 1. Section 93-9-27, Mississippi Code of 1972, is amended as follows:

93-9-27. (1) If the court finds that the conclusions of all the experts, as disclosed by the evidence based upon the tests, are that the alleged father is not the father of the child, the question of paternity shall be resolved accordingly. If an expert concludes that the blood or other tests show the probability of paternity, that evidence shall be admitted.

(2) There shall be a rebuttable presumption of paternity, affecting the burden of proof, * * * if the court finds that the probability of paternity, as calculated by the experts qualified as examiners of genetic tests, is ninety-eight percent (98%) or greater. This presumption may only be rebutted by a preponderance of the evidence.

(3) Parties to an action to establish paternity shall not be entitled to a jury trial.

(4) The Department of Human Services may statistically report as positive, to the Administration for Children and Families within the United States Department of Health and Human Services, any putative paternity if the probability of paternity, as calculated by the experts qualified as examiners of genetic tests, is ninety-nine percent (99%) or greater, subject only to a later determination of nonpaternity ordered by a court under this chapter.

SECTION 2. This act shall take effect and be in force from and after July 1, 2007.