House Bill 459

AN ACT TO CREATE "ERIN'S LAW"; TO ESTABLISH A TASK FORCE ON THE PREVENTION OF SEXUAL ABUSE OF CHILDREN; TO PRESCRIBE THE MEMBERSHIP OF THE TASK FORCE AND ITS DUTIES; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) This act shall be known and may be cited as "Erin's Law."

(2) There is established the Mississippi Task Force on the Prevention of Sexual Abuse of Children. The task force shall be comprised of seventeen (17) members, as follows:

(a) A member of the Legislature and one (1) public citizen, each appointed by the Governor;

(b) A member of the Senate and one (1) public citizen, each appointed by the Lieutenant Governor;

(c) A member of the House of Representatives and one (1) public citizen, each appointed by the Speaker of the House of Representatives;

(d) The Executive Director of Human Services, or his designee;

(e) The State Superintendent of Public Education, or his designee;

(f) The Executive Officer of the State Department of Health, or his designee;

(g) The Executive Director of The Center for Violence Prevention;

(h) A representative of a governmental agency that participates in the investigation, prosecution and treatment of child sexual and physical abuse cases, appointed by the Attorney General;

(i) A representative of an organization representing law enforcement, appointed by the Commissioner of Public Safety;

(j) A representative of two (2) different statewide professional teachers' organizations, appointed by the State Superintendent of Public Education;

(k) A representative of an organization involved in the prevention of child abuse in this state, appointed by the Executive Director of Human Services;

(l) A representative of an organization representing school administrators in this state, appointed by the State Superintendent of Public Education; and

(m) Erin Merryn, for whom this act is named.

(3) All members of the task force must be appointed before August 1, 2012. The task force shall hold its first meeting before September 15, 2012, on the call of the Governor at a place designated by him. At the first meeting, the task force shall elect from among its membership a chairman and other officers, if any, determined to be necessary. A majority of the membership of the task force shall constitute a quorum, and an affirmative vote of a majority of the task force shall be required for all actions taken. The task force shall meet at the call of the chairman. All members must be notified in writing of all meetings at least five (5) days before the date on which a meeting of the task force is scheduled.

(4) The task force shall study and make recommendations for reducing child sexual abuse in Mississippi. In making those recommendations, the task force shall:

(a) Gather information concerning child sexual abuse throughout the state;

(b) Receive reports and testimony from individuals, state and local governmental agencies, community-based organizations and other public and private organizations; and

The Mississippi Department of Human Services shall provide appropriate staff support to assist the task force in carrying out its duties. The Executive Director of Human Services shall designate an appropriate employee to act as a point of contact for the provision of staff support to the task force. In addition, the task force may consult with employees of the Mississippi Department of Human Services, the Mississippi Criminal Information Center, the Department of Public Safety, the Mississippi State Department of Education, and any other state agency or department necessary to accomplish the task force's responsibilities under this section.

(5) Subject to the appropriation of funds specifically for such purpose, members of the task force, other than the legislative members, shall receive reimbursement for travel expenses incurred while engaged in official business of the task force in accordance with Section 25-3-41. Legislative members of the task force shall receive the compensation authorized for committee meetings when the Legislature is not in session. Payment of these expenses may be made from funds made available specifically for such purpose by the Legislature or from any other public or private source.

(6) Before January 1, 2013, the task force shall submit a written report presenting its findings and recommendations to the Governor and the Legislature for consideration. The recommendations for reducing child sexual abuse in Mississippi may include proposals for specific statutory changes and methods to foster cooperation among state agencies and between the state and local governments. The task force shall be abolished upon submission of the report to the Office of the Governor and the Legislature.

(7) Any policy suggestions included in the task force's report may address, without limitation:

(a) Methods for increasing teacher, student and parent awareness of issues regarding sexual abuse of children, including knowledge of likely warning signs indicating that a child may be a victim of sexual abuse;

(b) Actions that a child who is a victim of sexual abuse should take to obtain assistance and intervention; and

SECTION 2. This act shall take effect and be in force from and after July 1, 2012.