MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Judiciary, Division B; Accountability, Efficiency, Transparency
By: Senator(s) Tindell
AN ACT TO BRING FORWARD SECTIONS 93-21-101, 93-21-103, 93-21-107, 93-21-109, 93-21-117 AND 93-21-105, MISSISSIPPI CODE OF 1972, FOR PURPOSE OF AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 93-21-101, Mississippi Code of 1972, is brought forward as follows:
93-21-101. As used in Sections 93-21-101 through 93-21-113, unless the context otherwise requires:
(a) "Abuse" means the occurrence of one or more of the following acts between family or household members who reside together or who formerly resided together:
(i) Attempting to cause or intentionally, knowingly or recklessly causing bodily injury or serious bodily injury with or without a deadly weapon;
(ii) Placing, by physical menace or threat, another in fear of imminent serious bodily injury; or
(iii) Criminal sexual conduct committed against a minor within the meaning of Section 97-5-23.
(b) "Domestic violence shelter" means a place established to provide temporary food and shelter, counseling, and related services to victims of domestic violence.
SECTION 2. Section 93-21-103, Mississippi Code of 1972, is brought forward as follows:
93-21-103. There is hereby established a program for victims of domestic violence through domestic violence shelters.
SECTION 3. Section 93-21-107, Mississippi Code of 1972, is brought forward as follows:
93-21-107. (1) To qualify for funds under the provisions of Sections 93-21-101 through 93-21-113, a domestic violence shelter shall meet all the following requirements:
(a) Be incorporated in the state or recognized by the Secretary of State as a private or public nonprofit corporation. Such corporation shall have a board of directors and/or an advisory committee who represents the racial, ethnic and social economic diversity of the area to be served, including, if possible, at least one (1) person who is or has been a victim of domestic violence.
(b) Have designed and developed a program to provide the following basic services to victims of domestic violence and their children:
(i) Shelter on a twenty-four (24) hour a day, seven (7) days a week basis.
(ii) A twenty-four (24) hour, seven (7) days a week switchboard for crisis calls.
(iii) Temporary housing and food facilities.
(iv) Group support and peer counseling.
(v) Referrals to existing services in the community and follow-up on the outcome of the referrals.
(vi) A method of referral for medical care, legal assistance and group support and counseling of victims of domestic violence.
(vii) Information regarding reeducation, marriage and family counseling, job counseling, and training programs, housing referrals, and other available social services.
(viii) A referral program of counseling for the victim and the offender.
(2) Domestic violence shelters shall establish procedures for admission of victims of domestic violence who may seek admission to these shelters on a voluntary basis.
(3) A domestic violence shelter shall not qualify for funds if it discriminates in its admissions or provision of services on the basis of race, religion, color, age, marital status, national origin or ancestry.
(4) Not less than twenty-five percent (25%) of the operational cost of a domestic violence shelter shall be derived from local revenue sources of the local community served by the program. The local contribution may not include in-kind contributions.
(5) A domestic violence shelter receiving state funding under the provisions of Sections 93-21-101 through 93-21-113 shall not be prohibited from accepting gifts, trusts, bequests, grants, endowments, federal funds, other special source funds or transfers of property of any kind for the support of that shelter program.
(6) No domestic violence shelter may receive more than Fifty Thousand Dollars ($50,000.00) annually from state funding under the provisions of Sections 93-21-101 through 93-21-113.
(7) A domestic violence shelter shall require persons employed by or volunteering services to the shelter to maintain the confidentiality of any information that would identify individuals served by the shelter.
(8) A domestic violence shelter shall provide educational programs relating to battered spouses and domestic violence designed for both the community at large and/or specialized groups such as hospital personnel and law enforcement officials.
(9) No child shall be placed in any domestic violence shelter that receives state funding under these provisions of Sections 93-21-101 through 93-21-113, and no domestic violence shelter that receives state funding under these provisions may admit or accept any child, unless the child is accompanied by his parent or guardian and such parent or guardian will remain with the child in the shelter until the child leaves or is released from the shelter. However, this subsection shall not prevent any rape crisis center from providing care, counseling and related services to any child who is a victim of rape, attempted rape, sexual battery or attempted sexual battery and who is not accompanied by his parent or guardian.
SECTION 4. Section 93-21-109, Mississippi Code of 1972, is brought forward as follows:
93-21-109. Records maintained by domestic violence shelters, except the official minutes of the board of directors of the shelter, and financial reports filed as required by statute with the board of supervisors or municipal authorities or any other agency of government, shall be withheld from public disclosure under the provisions of the Mississippi Public Records Act of 1983.
A resident or staff member of a domestic violence shelter shall not be required to disclose the street address or physical location of that shelter to any public or private agency. In all cases where the provision of a physical address is required, a post office box address for the domestic violence shelter shall be deemed sufficient.
SECTION 5. Section 93-21-117, Mississippi Code of 1972, is brought forward as follows:
93-21-117. (1) There is hereby created in the State Treasury a special fund to be known as the "Victims of Domestic Violence Fund." The fund shall be a continuing fund, not subject to fiscal-year limitations, and shall consist of:
(a) Monies appropriated by the Legislature;
(b) The interest accruing to the fund;
(c) Monies received under the provisions of Section 99-19-73;
(d) Monies received from the federal government;
(e) Donations;
(f) Assessments collected pursuant to Section 83-39-31; and
(g) Monies received from such other sources as may be provided by law.
(2) The circuit clerks of the state shall deposit in the fund on a monthly basis the additional fee charged and collected for marriage licenses under the provisions of Section 25-7-13, Mississippi Code of 1972.
(3) All other monies received from every source for the support of the program for victims of domestic violence, established by Sections 93-21-101 through 93-21-113, shall be deposited in the "Victims of Domestic Violence Fund." The monies in the fund shall be used by the State Department of Health solely for funding and administering domestic violence shelters under the provisions of Sections 93-21-101 through 93-21-113, in such amounts as the Legislature may appropriate to the department for the program for victims of domestic violence established by Sections 93-21-101 through 93-21-113. Not more than ten percent (10%) of the monies in the "Victims of Domestic Violence Fund" shall be appropriated to the State Department of Health for the administration of domestic violence shelters.
SECTION 6. Section 93-21-105, Mississippi Code of 1972, is brought forward as follows:
93-21-105. The criteria which must be met by domestic violence shelters to qualify for state funding shall include all of the following:
(a) Geographic distribution throughout the entire State of Mississippi requiring that there be at least one (1) shelter in each of the nine (9) districts of the Mississippi Highway Safety Patrol as such districts existed on July 1, 1982, prior to funding more than one (1) shelter in a highway safety patrol district. More than one (1) shelter may be funded in a highway safety patrol district upon a showing of documented need.
(b) The shelter's ability to provide services.
(c) The shelter's ability to secure community support, including written endorsements of local officials and organizations.
(d) The shelter's administrative design and efficiency. However, domestic violence shelters in existence on the effective date of Sections 93-21-101 through 93-21-113 which have met the requirements of Section 93-21-107 shall be given priority in funding.
SECTION 7. This act shall take effect and be in force from and after July 1, 2014.