Senate Bill 2093

AN ACT TO AMEND SECTION 99-43-35, MISSISSIPPI CODE OF 1972, TO REVISE THE PROCEDURE FOR REQUIRING NOTIFICATION TO VICTIMS IN CERTAIN CIRCUMSTANCES UNDER THE MISSISSIPPI CRIME VICTIMS' BILL OF RIGHTS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 99-43-35, Mississippi Code of 1972, is amended as follows:

99-43-35. The victim has the right to the following information:

(a) As soon as practicable after the date of sentencing, the office of the prosecuting attorney shall notify the victim of the sentence imposed on the defendant.

(b) The names, addresses and telephone numbers of the appropriate agencies and departments to whom request for notice should be provided.

(c) The status of any post-conviction court review or appellate proceeding or any decisions arising from those proceedings shall be furnished to the victim by the Office of the Attorney General or the office of the district attorney, whichever is appropriate, within five (5) business days after the status is known.

(d) Upon any post-arrest release of the defendant, the custodial agency shall, upon request, notify the victim of the release of the defendant.

(e) In the case of domestic violence or sexual assault, the appropriate law enforcement agency shall make a reasonable attempt to notify the victim of the defendant's post-arrest release, regardless of the victim's exercise of the right to receive this information.

(f) The custodial agency having physical custody of a prisoner shall, * * * as soon as practicable:

(i) Give notice to the prosecutor's office of any escape of the prisoner and, subsequently, any return of the prisoner into custody.

(ii) In the case of domestic violence or sexual assault, make a reasonable attempt to notify the victim of any escape of the prisoner and, subsequently, any return of the prisoner into custody, without regard to the victim's exercise of the right to receive this information.

(iii) Notice under this paragraph (f) shall be given by any reasonable means.

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