Senate Bill 2663

AN ACT TO AMEND SECTION 93-21-5, MISSISSIPPI CODE OF 1972, TO CLARIFY THE MEANING OF RECORD IN THE PROTECTION FROM DOMESTIC ABUSE LAW; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 93-21-5, Mississippi Code of 1972, is amended as follows:

93-21-5. (1) The municipal, justice, county or chancery court shall have jurisdiction over proceedings under this chapter as provided in this chapter. The petitioner's right to relief under this chapter shall not be affected by his leaving the residence or household to avoid further abuse.

(2) Venue shall be proper in any county or municipality where the respondent resides or in any county or municipality where the alleged abusive act or acts occurred.

(3) If a petition for an order for protection from domestic abuse is filed in a court lacking proper venue, the court, upon objection of the respondent, shall transfer the action to the appropriate venue pursuant to other applicable law.

(4) A record shall be made of any proceeding in justice or municipal court that involves domestic abuse. The term "record" means an audio or video recording of proceedings including the complete testimony of all witnesses testifying in the matter and all court comments and rulings of the court regarding the matter. A transcript of the proceedings does not need to be prepared nor must a certified court reporter be used, but rather a true and correct recording of the proceedings shall be made and maintained by the court. A true and correct copy of the recording shall be made available to the petitioner and respondent, individually or through counsel, at no cost to them, within forty-eight (48) hours of receipt of a written request for the recording made by them and delivered to the clerk of court, or by the close of the next business day of the court after receipt of the written request, whichever is later. Service of the request on the clerk or any deputy clerk of court shall constitute a proper and complete request of the recording. Upon receipt of the request, the true and correct copy shall be made available within the time required at the office of the clerk of court.

SECTION 2. This act shall take effect and be in force from and after July 1, 2014.