Senate Bill 2109

AN ACT TO AMEND SECTION 97-35-47, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE FALSE REPORT OF CHILD ABUSE OR NEGLECT TO THE DEPARTMENT OF HUMAN SERVICES SHALL BE PUNISHABLE AS A MISDEMEANOR; TO PROVIDE THAT A PERSON WHO KNOWINGLY AND WILLFULLY MAKES A FALSE REPORT OF CHILD ABUSE OR NEGLECT MAY BE CIVILLY LIABLE FOR DAMAGES SUFFERED INCLUDING REASONABLE ATTORNEY FEES AND COSTS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 97-35-47, Mississippi Code of 1972, is amended as follows:

97-35-47. It shall be unlawful for any person to report a crime or any element of a crime, including an allegation of child abuse or neglect, to any law enforcement agency or officer, the Department of Human Services, or any officer of any court, by any means, knowing that * * *~~such~~ the report is false. A violation of this section, upon conviction thereof, shall be punishable by imprisonment in the county jail not to exceed one (1) year or by fine not to exceed Five Thousand Dollars ($5,000.00), or both. In addition to any fine and imprisonment, and upon proper showing made to the court, the defendant shall be ordered to pay as restitution to the law enforcement agency reimbursement for any reasonable costs directly related to the investigation of the falsely reported crime and the prosecution of any person convicted under this section.

SECTION 2. (1) A person who knowingly, willfully and maliciously makes a false report of abuse, abandonment, or neglect of a child, or a person who, with malice, counsels another to make a false report, may be civilly liable for damages suffered by the subject of the report, including reasonable attorney fees and costs, as a result of the filing of the false report.

(2) A report is false under this section if no rational argument can be advanced in its support, when it is unsupported by any credible evidence, when a reasonable person could not have expected its success, or when it is completely untenable.

SECTION 3. This act shall take effect and be in force from and after July 1, 2016.