MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Education; Judiciary B
By: Representatives Bain, Brown (20th)
AN ACT TO CREATE A NEW STATUTE TO BE KNOWN AS "ERIN'S LAW"; TO AUTHORIZE LOCAL SCHOOL BOARDS TO ADOPT A POLICY ADDRESSING SEXUAL ABUSE OF CHILDREN AND TO SPECIFY CERTAIN COMPONENTS THAT MAY BE INCLUDED IN THE POLICY; TO CREATE THE MISSISSIPPI TASK FORCE ON THE PREVENTION OF SEXUAL ABUSE OF CHILDREN TO DEVELOP RECOMMENDATIONS ON REDUCING CHILD SEXUAL ABUSE IN MISSISSIPPI; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) This section shall be known and may be cited as "Erin's Law."
(2) The school board of a school district may adopt and implement a policy addressing sexual abuse of children. Any policy adopted under this section may include or address, but need not be limited to, the following:
(a) Methods for increasing teacher, student and parental 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) Educational information for parents or guardians, which may be included in the school handbook, on the warning signs of a child being abused, along with any needed assistance, referral or resource information;
(c) Training for school personnel on child sexual abuse;
(d) Age-appropriate curriculum for students in prekindergarten through fifth grade;
(e) Actions that a child who is a victim of sexual abuse should take to obtain assistance and intervention;
(f) Counseling and resources available for students affected by sexual abuse; and
(g) Emotional and educational support for a child who has been abused to enable the child to be successful in school.
SECTION 2. (1) There is established the Mississippi Task Force on the Prevention of Sexual Abuse of Children. The task force shall be comprised of the following sixteen (16) members:
(a) A member of the Legislature and one (1) representative of the general public who is not an elected official or state employee, each appointed by the Governor;
(b) A member of the House of Representatives and one (1) representative of the general public who is not an elected official or state employee, each appointed by the Speaker of the House of Representatives;
(c) A member of the Senate and one (1) representative of the general public who is not an elected official or state employee, each appointed by the Lieutenant Governor;
(d) The Executive Director of Human Services, or his designee;
(e) The State Superintendent of Public Education, or his designee;
(f) The State Health Officer, 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, each 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; and
(l) A representative of an organization representing school administrators in this state, appointed by the State Superintendent of Public Education.
Members of the task force must be individuals who are involved actively in the fields of the prevention of child abuse and neglect and child welfare. The appointment of members must reflect the geographic diversity of the state.
(2) All members of the task force must be appointed before August 1, 2013. The task force shall hold its first meeting before September 15, 2013, 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.
(3) The task force shall study and make recommendations for reducing child sexual abuse in Mississippi. In developing its 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
(c) Suggest state policy that would prevent child sexual abuse.
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 State Department of Education and any other state agency or department necessary to accomplish the task force's responsibilities under this section.
(4) 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.
(5) Before January 1, 2014, 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.
SECTION 3. Section 1 of this act shall be codified as a new section in Chapter 7, Title 37, Mississippi Code of 1972.
SECTION 4. This act shall take effect and be in force from and after July 1, 2013.