House Bill 551

(As Passed the House)

AN ACT TO AMEND SECTIONS 73-3-55, 97-9-1 AND 97-23-43, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A PUBLIC LIBRARIAN OR LAW LIBRARIAN TO PROVIDE COURT APPROVED FORMS TO PRO SE LITIGANTS; TO AUTHORIZE THE UNIVERSITY OF MISSISSIPPI MEDICAL CENTER TO MAKE AVAILABLE TO PUBLIC LIBRARIANS AND LAW LIBRARIANS INFORMATION REGARDING ALZHEIMER'S DISEASE AND HOW TO LIVE WITH AND CARE FOR PERSONS WHO HAVE ALZHEIMER'S DISEASE; TO PROVIDE THAT THESE LIBRARIANS SHALL PROVIDE THE INFORMATION UPON REQUEST TO ANY PERSON; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 73-3-55, Mississippi Code of 1972, is amended as follows:

73-3-55. It shall be unlawful for any person to engage in the practice of law in this state who has not been licensed according to law. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished in accordance with the provisions of Section 97-23-43. Any person who shall for fee or reward or promise, directly or indirectly, write or dictate any paper or instrument of writing, to be filed in any cause or proceeding pending, or to be instituted in any court in this state, or give any counsel or advice therein, or who shall write or dictate any bill of sale, deed of conveyance, deed of trust, mortgage, contract, or last will and testament, or shall make or certify to any abstract of title to real estate other than his own or in which he may own an interest, shall be held to be engaged in the practice of law. This section shall not prevent a public librarian or law librarian from providing court approved forms for use by pro se litigants, this section shall not, * * *~~however,~~ prevent title or abstract of title guaranty companies incorporated under the laws of this state from making abstract or certifying titles to real estate where it acts through some person as agent, authorized under the laws of the State of Mississippi to practice law; nor shall this section prevent any abstract company chartered under the laws of the State of Mississippi with a paid-up capital of Fifty Thousand Dollars ($50,000.00) or more from making or certifying to abstracts of title to real estate through the president, secretary or other principal officer of such company.

SECTION 2. Section 97-9-1, Mississippi Code of 1972, is amended as follows:

97-9-1. (1) It shall be unlawful for any person, firm or corporation to print for the purpose of sale or distribution, to circulate or offer for sale, to send or deliver, to cause to be sent or delivered, any letter, paper, document, notice of intent to bring suit, or other notice or demand which simulates a form of court or legal process, the intention of which document is to lead the recipient or addressee to believe the same to be a genuine court or legal process, for the purpose of obtaining anything of value.

(2) The printing, circulating, selling, sending or delivery of such simulating document shall be prima facie evidence of such intent, and it shall be no defense to show that the document bears any statement to the contrary, nor shall it be a defense to show that the thing of value sought to be obtained was to apply as payment on a valid obligation.

(3) In prosecutions for violation of this section, the prosecution may show that the simulating document was deposited in the post office for mailing or was delivered to any person with intent to be forwarded, and such showing shall be sufficient proof to the sending or delivery.

(4) Nothing in this section shall prevent the printing, publication, sale or distribution of genuine legal forms for the use of attorneys, clerks of court, pro se litigants or justices of the peace.

(5) Any person, firm or corporation violating subsection (1) of this section shall be fined, for the first offense, not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00), or be imprisoned in the county jail not to exceed thirty (30) days, or by both such a fine and imprisonment; for subsequent offenses, not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail not to exceed ninety (90) days, or by both such a fine and imprisonment.

SECTION 3. Section 97-23-43, Mississippi Code of 1972, is amended as follows:

97-23-43. (1) If any person shall practice as an attorney and counselor-at-law, or shall practice as a physician or surgeon, or shall practice as a dentist, or shall practice as a pharmacist, without having first been examined and obtained a license as required by law, he shall, on conviction, of the first offense, be punished by a fine of not less than One Hundred Dollars ($100.00) or more than Two Hundred Dollars ($200.00) or by imprisonment in the county jail not less than three (3) months or more than twelve (12) months or both; and such person, upon conviction of the second offense against this section, shall be punished by a fine of not less than Two Hundred Dollars ($200.00) or more than Five Hundred Dollars ($500.00) or by imprisonment in the Penitentiary not less than one (1) year or more than two (2) years; and such person, upon conviction of any succeeding offense, shall be punished in the discretion of the court; provided, however, that such punishment shall in no case exceed the payment of a fine of Five Thousand Dollars ($5,000.00) or imprisonment for five (5) years.

(2) Public librarians and law librarians may provide court-approved forms to pro se litigants. The provision of such forms shall not be considered to be engaging in the practice of law without a license.

SECTION 4. The University of Mississippi Medical Center, in addition to any other duties provided by law, may make available to public librarians and law librarians information regarding Alzheimer's Disease and how to live with and care for persons who have Alzheimer's Disease. These librarians shall provide the information upon request to any person.

SECTION 5. This act shall take effect and be in force from and after July 1, 2017.