MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Accountability, Efficiency, Transparency; Judiciary, Division B
By: Senator(s) Bryan
AN ACT TO CREATE WIRETAPPING AUTHORITY AS AN ENFORCEMENT TOOL FOR THE MISSISSIPPI HUMAN TRAFFICKING ACT; TO CREATE NEW SECTION 97-47-101, MISSISSIPPI CODE OF 1972, TO ENACT DEFINITIONS; TO CREATE NEW SECTION 97-47-103, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR ADMISSIBILITY OF EVIDENCE; TO CREATE NEW SECTION 97-47-105, MISSISSIPPI CODE OF 1972, TO REQUIRE COURT APPROVAL; TO CREATE NEW SECTION 97-47-107, MISSISSIPPI CODE OF 1972, TO PROHIBIT POSSESSION OF WIRETAPPING EQUIPMENT EXCEPT AS AUTHORIZED BY LAW; TO CREATE NEW SECTION 97-47-109, MISSISSIPPI CODE OF 1972, TO SPECIFY PROCEDURAL REQUIREMENTS; TO CREATE NEW SECTION 97-47-111, MISSISSIPPI CODE OF 1972, TO REGULATE DISCLOSURE AND USE OF INFORMATION; TO CREATE NEW SECTION 97-47-113, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR APPLICATION FOR AUTHORITY TO INTERCEPT; TO CREATE NEW SECTION 97-47-115, MISSISSIPPI CODE OF 1972, TO AUTHORIZE COURT ORDERS FOR INTERCEPTION; TO CREATE NEW SECTION 97-47-117, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR CUSTODY AND PRESERVATION OF DATA; TO CREATE NEW SECTION 97-47-119, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR SEALING OF ORDERS AND APPLICATIONS FOR ORDERS; TO CREATE NEW SECTION 97-47-121, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT VIOLATIONS ARE CONTEMPT OF COURT; TO CREATE NEW SECTION 97-47-123, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR NOTICE TO INTERCEPTED PERSON; TO CREATE NEW SECTION 97-47-125, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR ADMISSIBILITY, PRETRIAL DISCLOSURE, AND SUPPRESSION OF EVIDENCE; TO CREATE NEW SECTION 97-47-127, MISSISSIPPI CODE OF 1972, TO REQUIRE REPORTING; TO CREATE NEW SECTION 97-47-129, MISSISSIPPI CODE OF 1972, TO PROVIDE CIVIL REMEDIES; TO CREATE NEW SECTION 97-47-131, MISSISSIPPI CODE OF 1972, TO PROVIDE IMMUNITY FROM CIVIL LIABILITY; TO CREATE NEW SECTION 97-47-133, MISSISSIPPI CODE OF 1972, TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS; TO CREATE NEW SECTION 97-47-135, MISSISSIPPI CODE OF 1972, TO EXEMPT CERTAIN PARTIES; TO CREATE NEW SECTION 97-47-137, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR HUMAN TRAFFICKING LAW ENFORCEMENT; TO CREATE NEW SECTION 97-47-139, MISSISSIPPI CODE OF 1972, TO REGULATE PEN REGISTERS AND OTHER DEVICES; TO CREATE NEW SECTION 97-47-141, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR TRAINING, EQUIPMENT AND COSTS; TO CREATE NEW CHAPTER 47, TITLE 97, MISSISSIPPI CODE OF 1972, TO RECODIFY THE PROVISIONS OF THE MISSISSIPPI HUMAN TRAFFICKING ACT FOUND AT 97-3-54 ET SEQ.; TO CREATE NEW SECTION 97-47-1, MISSISSIPPI CODE OF 1972, TO ENACT A SHORT TITLE AS PREVIOUSLY CODIFIED AT SECTION 97-3-54; TO CREATE NEW SECTION 97-47-3, MISSISSIPPI CODE OF 1972, TO PROHIBIT HUMAN TRAFFICKING AS PREVIOUSLY CODIFIED AT SECTION 97-3-54.1; TO CREATE NEW SECTION 97-47-5, MISSISSIPPI CODE OF 1972, TO PROHIBIT CERTAIN RESTRICTIONS OF ANOTHER PERSON'S MOVEMENTS AS PREVIOUSLY CODIFIED AT SECTION 97-3-54.2; TO CREATE NEW SECTION 97-47-7, MISSISSIPPI CODE OF 1972, TO PROHIBIT CONSPIRACY TO TRAFFIC AS PREVIOUSLY CODIFIED AT SECTION 97-3-54.3; TO CREATE NEW SECTION 97-47-9, MISSISSIPPI CODE OF 1972, TO ENACT DEFINITIONS AS PREVIOUSLY CODIFIED AT SECTION 97-3-54.4; TO CREATE NEW SECTION 97-47-11, MISSISSIPPI CODE OF 1972, TO AUTHORIZE USE OF UNDERCOVER AGENTS AS PREVIOUSLY CODIFIED AT SECTION 97-3-54.5; TO CREATE NEW SECTION 97-47-13, MISSISSIPPI CODE OF 1972, TO AUTHORIZE INJUNCTIVE AND OTHER RELIEF AS PREVIOUSLY CODIFIED AT SECTION 97-3-54.6; TO CREATE NEW SECTION 97-47-15, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR FORFEITURE OF ASSETS IN TRAFFICKING CASES AS PREVIOUSLY CODIFIED AT 97-3-54.7; TO CREATE NEW SECTION 97-47-17, MISSISSIPPI CODE OF 1972, TO CREATE THE HUMAN TRAFFICKING FUND AS PREVIOUSLY CODIFIED AT SECTION 97-3-54.8; TO CREATE NEW SECTION 97-47-19, MISSISSIPPI CODE OF 1972, TO CREATE THE POSITION OF STATEWIDE HUMAN TRAFFICKING COORDINATOR AS PREVIOUSLY CODIFIED AT SECTION 97-3-54.9; TO AMEND SECTIONS 45-33-23, 45-33-47, 97-3-2, 97-5-5, 97-5-7, 97-5-27, 97-5-51, 97-29-49, 97-29-51, 97-43-3 AND 99-1-5, MISSISSIPPI CODE OF 1972, TO CONFORM; TO REPEAL SECTIONS 97-3-54 THROUGH 97-3-54.9, WHICH CONSTITUTE THE MISSISSIPPI HUMAN TRAFFICKING ACT AND ARE RECODIFIED BY THIS ACT IN TITLE 97, CHAPTER 47, MISSISSIPPI CODE OF 1972; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 97-47-101, Mississippi Code of 1972:
97-47-101. Definitions. As used in this article, the following terms shall have the meaning ascribed to them herein unless the context requires otherwise:
(a) "Aggrieved person" means a person who was a party to an intercepted wire, oral or other communication or a person against whom the interception was directed.
(b) "Attorney General" means the Attorney General of the State of Mississippi or, if the Attorney General is absent or unable to serve, the designated Deputy, Assistant or Special Assistant Attorney General.
(c) "Communication common carrier" has the meaning given the term "common carrier" by 47 USCS 153(h) and shall also mean a provider of communication services.
(d) "Contents," when used with respect to a wire, oral or other communication, includes any information concerning the identity of the parties to the communication or the existence, substance, purport or meaning of that communication.
(e) "Covert entry" means any entry into or onto premises which if made without a court order allowing such an entry under this article would be a violation of criminal law.
(f) "Director" means the Director of the Mississippi Bureau of Investigation or, if the director is absent or unable to serve, the Assistant Director of the Mississippi Bureau of Investigation, or a designee appointed by the director.
(g) "Electronic, mechanical or other device" means a device or apparatus primarily designed or used for the nonconsensual interception of wire, oral or other communications.
(h) "Intercept" means the aural or other acquisition of the contents of a wire, oral or other communication through the use of an electronic, mechanical or other device.
(i) "Investigative or law enforcement officer" means an officer of this state or of a political subdivision of this state who is empowered by law to conduct investigations of, or to make arrests for, offenses enumerated in the Mississippi Human Trafficking Act, an attorney authorized by law to prosecute or participate in the prosecution of the offenses, or a federal law enforcement officer designated by the Attorney General or Director of the Mississippi Bureau of Investigation.
(j) "Judge of competent jurisdiction" means a justice of the Supreme Court or a circuit court judge.
(k) "Oral communication" means an oral communication uttered by a person exhibiting an expectation that the communication is not subject to interception under circumstances justifying that expectation.
(l) "Other communication" means any transfer of an electronic or other signal, including fax signals, computer-generated signals, mobile device signals, other similar signals, or any scrambled or encrypted signal transferred via wire, radio, electromagnetic, photoelectric or photooptical system from one party to another in which the involved parties may reasonably expect the communication to be private.
(m) "Prosecutor" means a district attorney with jurisdiction in the county in which the facility or place where the communication to be intercepted is located or a legal assistant to the district attorney if designated in writing by the district attorney on a case-by-case basis or by the Attorney General or a legal assistant to the Attorney General if designated in writing by the Attorney General on a case-by-case basis.
(n) "Residence" means a structure or the portion of a structure used as a person's home or fixed place of habitation to which the person indicates an intent to return after any temporary absence.
(o) "Wire communication" means a communication made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable or other like connection between the point of origin and the point of reception furnished or operated by a person engaged as a common carrier in providing or operating the facilities for the transmission of communications and includes cordless telephones, voice pagers, cellular telephones, any mobile telephone, or any communication conducted through the facilities of a provider of communication services.
SECTION 2. The following shall be codified as Section 97-47-103, Mississippi Code of 1972:
97-47-103. Admission of evidence. The contents of an intercepted wire, oral or other communication and evidence derived from an intercepted wire, oral or other communication may not be received in evidence in any trial, hearing or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States or of this state or a political subdivision of this state if the disclosure of that information would be in violation of this article. The contents of an intercepted wire, oral or other communication and evidence derived from an intercepted communication may be received in a civil trial, hearing or other proceeding only if the civil trial, hearing or other proceeding arises out of a violation of the criminal law of this state.
SECTION 3. The following shall be codified as Section 97-47-105, Mississippi Code of 1972:
97-47-105. Authorization by judge. A judge of competent jurisdiction in the circuit court district of the location where the interception of wire, oral or other communications is sought, or a circuit court district contiguous to the circuit court district, may issue an order authorizing interception of wire, oral or other communications only if the prosecutor applying for the order shows probable cause to believe that the interception will provide evidence of the commission of a felony under the Human Trafficking Act.
SECTION 4. The following shall be codified as Section 97-47-107, Mississippi Code of 1972:
97-47-107. Authorized possession or use of devices. (1) No person, agency of the state or political subdivision of the state, other than the Mississippi Bureau of Narcotics, Mississippi Bureau of Investigation and the Attorney General's Office, is authorized by this article to own, possess, install, operate or monitor an electronic, mechanical or other device. The Bureau of Narcotics is authorized to assist the Attorney General's Office and the Mississippi Bureau of Investigation with the installation, operation and monitoring of electronic, mechanical or other devices necessary to a wiretapping operation conducted pursuant to this article. Where feasible, this assistance shall include, but is not limited to, the sharing of equipment and office space or other location necessary to conduct the wiretapping operation. Both the Attorney General's Office and the Mississippi Bureau of Investigation shall also be authorized to work in conjunction with one another and to partner as necessary to conduct a wiretapping operation or related investigation.
(2) The Attorney General's Office and the Mississippi Bureau of Investigation may each be assisted by an investigative or law enforcement officer in the operation and monitoring of an interception of wire, oral or other communications, provided that an investigator from the lead agency responsible for conducting the wiretapping operation is present at all times.
(3) The Attorney General shall designate, in writing, the investigators of the Attorney General's Office who are responsible for the possession, installation, operation and monitoring of electronic, mechanical or other devices for the office. The director shall designate, in writing, the investigators of the Mississippi Bureau of Investigation who are responsible for the possession, installation, operation and monitoring of electronic, mechanical or other devices for the bureau.
SECTION 5. The following shall be codified as Section 97-47-109, Mississippi Code of 1972:
97-47-109. Procedures before applying to court. Before submitting a request for an order authorizing interception of wire, oral or other communications to a prosecutor, the Attorney General or the director shall receive a written affidavit from one or more investigators of the Attorney General's Office or the Mississippi Bureau of Investigation setting forth the information required by Section 97-47-113. The Attorney General or the director shall submit all information required by Section 97-47-113 to the prosecutor who will seek an order from the appropriate court. Upon receipt of the request from the Attorney General or the director, the prosecutor shall be authorized to submit an application to a court of competent jurisdiction requesting the court to issue an order authorizing interception of wire, oral or other communications as provided in Section 97-47-115.
SECTION 6. The following shall be codified as Section 97-47-111, Mississippi Code of 1972:
97-47-111. Disclosure and use of information. (1) An investigative or law enforcement officer who, by any means authorized by this article, obtains knowledge of the contents of a wire, oral or other communication or evidence derived from the communication may disclose the contents or evidence to another investigative or law enforcement officer to the extent that the disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure.
(2) An investigative or law enforcement officer who, by any means authorized by this article, obtains knowledge of the contents of a wire, oral or other communication or evidence derived from the communication may use the contents or evidence to the extent the use is appropriate to the proper performance of his official duties.
(3) A person who receives, by any means authorized by this article, information concerning a wire, oral or other communication or evidence derived from a wire, oral or other communication intercepted in accordance with the provisions of this article may disclose the contents of the communication or the evidence derived from the wire, oral or other communication while giving testimony under oath in any proceeding held under the authority of the United States, of this state, or of a political subdivision of this state.
(4) An otherwise privileged wire, oral or other communication intercepted in accordance with, or in violation of, the provisions of this article does not lose its privileged character, and any evidence derived from the privileged communication against the party to the privileged communication shall be considered privileged also.
(5) When an investigative or law enforcement officer, while engaged in intercepting wire, oral or other communications in a manner authorized by this article, intercepts wire, oral or other communications relating to offenses other than those specified in the order of authorization, the contents of and evidence derived from the communication may be disclosed or used as provided by subsections (1) and (2) of this section. The contents and any evidence derived therefrom may be used under subsection (3) of this section when authorized by a judge of competent jurisdiction where the judge finds, upon subsequent application, that the contents were otherwise intercepted in accordance with the provisions of this article. The application shall be made as soon as practicable.
SECTION 7. The following shall be codified as Section 97-47-113, Mississippi Code of 1972:
97-47-113. Application for authority to intercept. (1) To be valid, an application for an order authorizing the interception of a wire, oral or other communication must be made in writing under oath to a judge of competent jurisdiction in the circuit court district of the location where the interception of wire, oral or other communications is sought, or a circuit court district contiguous to the circuit court district, and must state the applicant's authority to make the application. An applicant must include the following information in the application:
(a) A statement that the application has been requested by the Attorney General or the director and the identity of the prosecutor making the application;
(b) A full and complete statement of the facts and circumstances relied on by the applicant to justify his belief that an order should be issued including:
(i) Details about the particular offense that has been, is being, or is about to be committed;
(ii) A particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted;
(iii) A particular description of the type of communication sought to be intercepted; and
(iv) The identity of the person, if known, committing the offense and whose communications are to be intercepted;
(c) A full and complete statement as to whether or not other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed or to be too dangerous if tried;
(d) A statement of the period of time for which the interception is required to be maintained and, if the nature of the investigation is such that the authorization for interception should not automatically terminate when the described type of communication is first obtained, a particular description of the facts establishing probable cause to believe that additional communications of the same type will occur after the described type of communication is obtained;
(e) A statement whether a covert entry will be necessary to properly and safely install the wiretapping or electronic surveillance or eavesdropping equipment and, if a covert entry is requested, a statement as to why such an entry is necessary and proper under the facts of the particular investigation, including a full and complete statement as to whether other investigative techniques have been tried and have failed or why they reasonably appear to be unlikely to succeed or to be too dangerous if tried or are not feasible under the circumstances or exigencies of time;
(f) A full and complete statement of the facts concerning all applications known to the prosecutor making the application that have been previously made to a judge for authorization to intercept wire, oral or other communications involving any of the persons, facilities or places specified in the application and of the action taken by the judge on each application; and
(g) If the application is for the extension of an order, a statement setting forth the results already obtained from the interception or a reasonable explanation of the failure to obtain results.
(2) The judge may, in an ex parte in camera hearing, require additional testimony or documentary evidence in support of the application, and the testimony or documentary evidence shall be preserved as part of the application.
SECTION 8. The following shall be codified as Section 97-47-115, Mississippi Code of 1972:
97-47-115. Orders authorized; disqualification of judge. (1) Upon receipt of an application, the judge may enter an ex parte order, as requested or as modified, authorizing interception of wire, oral or other communications if the judge determines from the evidence submitted by the applicant that:
(a) There is probable cause to believe that a person is committing, has committed, or is about to commit a particular offense enumerated in Section 97-47-3, 97-47-5 or 97-47-7;
(b) There is probable cause to believe that particular communications concerning that offense will be obtained through the interception;
(c) Normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed or to be too dangerous if tried;
(d) There is probable cause to believe that the facilities from which or the place where the wire, oral or other communications are to be intercepted are being used or are about to be used in connection with the commission of an offense or are leased to, listed in the name of, or commonly used by the person; and
(e) A covert entry is or is not necessary to properly and safely install the electronic, mechanical or other device.
(2) Each order authorizing the interception of a wire or oral communication shall specify:
(a) The identity of the person, if known, whose communications are to be intercepted;
(b) The nature and location of the communications facilities as to which or the place where authority to intercept is granted;
(c) A particular description of the type of communication sought to be intercepted and a statement of the particular offense to which it relates;
(d) A statement setting forth the identity of the prosecutor and stating that the Attorney General or the director has requested the prosecutor to apply for the order authorizing the interception;
(e) The time during which the interception is authorized, including a statement of whether or not the interception will automatically terminate when the described communication is first obtained; and
(f) Whether or not a covert entry is necessary to properly and safely install wiretapping, electronic surveillance or eavesdropping equipment.
(3) The order authorizing the interception of a wire, oral or other communication shall, upon request of the applicant, direct that a communication common carrier, landlord, custodian or other person furnish the applicant all information, facilities and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that the carrier, landlord, custodian or other person is providing the person whose communications are to be intercepted. Any communication common carrier, landlord, custodian or other person furnishing facilities or technical assistance is entitled to compensation by the applicant for the facilities or assistance at the prevailing rates.
(4) An order entered pursuant to this section may not authorize the interception of a wire, oral or other communication for longer than is necessary to achieve the objective of the authorization, and in no event may it authorize interception for more than thirty (30) days. The issuing judge may grant extensions of an order, but only upon application for an extension made in accordance with Section 97-47-113 and the court making the findings required by subsection (1) of this section. The period of extension may not be longer than the authorizing judge deems necessary to achieve the purposes for which it is granted, and in no event may the extension be for more than thirty (30) days. To be valid, each order and extension of an order shall provide that the authorization to intercept be executed as soon as practicable, be conducted in a way that minimizes the interception of communications not otherwise subject to interception under this article, and terminate on obtaining the authorized objective or within thirty (30) days, whichever occurs sooner.
(5) An order entered pursuant to this section may not authorize a covert entry into a residence solely for the purpose of intercepting a wire communication.
(6) An order entered pursuant to this section may not authorize a covert entry into or onto a premises for the purpose of intercepting an oral or other communication unless:
(a) The judge, in addition to making the determinations required under subsection (1) of this section, determines that:
(i) 1. The premises into or onto which the covert entry is authorized or the person whose communications are to be obtained has been the subject of a pen register previously authorized in connection with the same investigation; 2. the premises into or onto which the covert entry is authorized or the person whose communications are to be obtained has been the subject of an interception of wire communications previously authorized in connection with the same investigation; 3. that the procedures have failed; and 4. if the order is for the interception of other communications and requires covert entry, a court-ordered attempt to intercept the communications without using covert entry must have been made without success;
(ii) That the procedures enumerated in subparagraph (i) of this paragraph reasonably appear to be unlikely to succeed or to be too dangerous if tried or are not feasible under the circumstances or exigencies of time; and
(b) The order, in addition to the matters required to be specified under subsection (2) of this section, specifies that the covert entry is for the purpose of intercepting oral communications of two (2) or more persons and that there is probable cause to believe they are committing, have committed, or are about to commit a particular offense enumerated in Section 97-47-3, 97-47-5 or 97-47-7.
(7) The judge of a court of competent jurisdiction may issue an order for the interception of wire, oral or other communications conducted within a vehicle, vessel, other mode of transportation or any location where a reasonable expectation of privacy might exist, provided the requirements of this section, where applicable, are met.
(8) Whenever an order authorizing interception is entered pursuant to this article, the order may require reports to the judge who issued the order showing what progress has been made toward achievement of the authorized objective and the need for continued interception. Reports shall be made at any interval the judge requires.
(9) A judge who issues an order authorizing the interception of a wire, oral or other communication may not hear a criminal prosecution in which evidence derived from the interception may be used or in which the order may be an issue.
(10) Unless otherwise specified by the issuing judge, an order issued pursuant to this section authorizing the interception of any cellular, portable, transportable or mobile telephone or communication instrument is valid throughout the State of Mississippi and the cellular, portable, transportable or mobile telephone or communication instrument may continue to be monitored and intercepted when it is transported and used outside the state where there is sufficient probable cause to establish a nexus with criminal activity that could be prosecuted in this state.
SECTION 9. The following shall be codified as Section 97-47-117, Mississippi Code of 1972:
97-47-117. Recordings; sealing, custody and preservation. (1) The contents of a wire, oral or other communication intercepted by means authorized by this article shall be recorded on tape, wire or other comparable device. The recording of the contents of a wire, oral or other communication under this subsection shall be done in a way that protects the recording from editing or other alterations.
(2) Immediately on the expiration of the period of the order and all extensions, if any, the recordings shall be made available to the judge issuing the order and sealed under his directions. Custody of the recordings shall be wherever the judge orders. The recordings may not be destroyed until at least ten (10) years after the date of expiration of the order and the last extension, if any. A recording may be destroyed only by order of the judge of competent jurisdiction who authorized the interception, or his successor.
(3) Duplicate recordings may be made for use or disclosure pursuant to Section 97-47-111(1) and (2) for investigations.
(4) The presence of the seal required by subsection (2) of this section, or a satisfactory explanation of its absence, shall be a prerequisite for the use or disclosure of the contents of a wire, oral or other communication or evidence derived from the communication under Section 97-47-111(3).
SECTION 10. The following shall be codified as Section 97-47-119, Mississippi Code of 1972:
97-47-119. Handling of applications and order. The judge shall seal each application made and order granted under this article. Custody of the applications and orders shall be wherever the judge directs. An application or order may be disclosed only upon a showing of good cause before a judge of competent jurisdiction, and may not be destroyed until at least ten (10) years after the date it is sealed. An application or order may be destroyed only by order of the judge of competent jurisdiction for the administrative judicial district in which it was made or granted.
SECTION 11. The following shall be codified as Section 97-47-121, Mississippi Code of 1972:
97-47-121. Contempt. A violation of Section 97-47-117 or 97-47-119 shall be punished as contempt of court.
SECTION 12. The following shall be codified as Section 97-47-123, Mississippi Code of 1972:
97-47-123. Notice to persons intercepted. (1) Within a reasonable time but not later than ninety (90) days after the date an application for an order is denied or after the date an order or the last extension, if any, expires, the judge who granted or denied the application shall cause to be served upon the persons named in the order or the application and any other parties to intercepted communications deemed appropriate by the issuing judge, if any, an inventory, which shall include notice:
(a) Of the entry of the order or the application;
(b) Of the date of the entry and the period of authorized interception or the date of denial of the application; and
(c) That during the authorized period wire, oral or other communications were or were not intercepted.
(2) The judge, upon motion, may, in his discretion, make available for inspection to any person or persons whose oral communications have been intercepted, or their counsel, any portion of an intercepted communication, application or order that the judge determines is in the interest of justice to disclose to that person.
(3) Upon an ex parte showing of good cause to the judge, the serving of the inventory required by this section may be postponed, but in no event may any evidence derived from an order under this article be disclosed in any trial until after the inventory has been served.
SECTION 13. The following shall be codified as Section 97-47-125, Mississippi Code of 1972:
97-47-125. Evidence; pretrial disclosure; suppression. (1) The contents of an intercepted wire, oral or other communication or evidence derived from the communication may not be received in evidence or otherwise disclosed in a trial, hearing or other proceeding in a federal or state court unless each party has been furnished with a copy of the court order and application under which the interception was authorized or approved not less than ten (10) days before the date of the trial, hearing or other proceeding. The ten-day period may be waived by the judge if he finds that it is not possible to furnish the party with the information ten (10) days before the trial, hearing or proceeding and that the party will not be prejudiced by the delay in receiving the information.
(2) An aggrieved person charged with an offense in a trial, hearing or proceeding in or before a court, department, officer, agency, regulatory body, or other authority of the United States or of this state or a political subdivision of this state, may move to suppress the contents of an intercepted wire, oral or other communication or evidence derived from the communication on the ground that:
(a) The communication was unlawfully intercepted;
(b) The order authorizing the interception is insufficient on its face; or
(c) The interception was not made in conformity with the order.
(3) The motion to suppress shall be made before the trial, hearing or proceeding unless there was no opportunity to make the motion before the trial, hearing or proceeding, or the person was not aware of the grounds of the motion before the trial, hearing or proceeding. The hearing on the motion shall be held in camera upon the written request of the aggrieved person. If the motion is granted, the contents of the intercepted wire, oral or other communication and evidence derived from the communication shall be treated as inadmissible evidence. The judge, on the filing of the motion by the aggrieved person, shall make available to the aggrieved person or his counsel for inspection any portion of the intercepted communication or evidence derived from the communication that the judge determines is in the interest of justice to make available.
(4) Any circuit judge of this state, upon hearing a pretrial motion regarding conversations intercepted by wire pursuant to this article, or who otherwise becomes informed that there exists on the intercepted wire, oral or other communication identification of a specific individual who is not a party or suspect to the subject of interception:
(a) Shall give notice and an opportunity to be heard on the matter of suppression of references to that person if identification is sufficient so as to give notice; or
(b) Shall suppress references to that person if identification is sufficient to potentially cause embarrassment or harm which outweighs the probative value, if any, of the mention of the person, but insufficient to require the notice provided for in paragraph (a) of this subsection.
SECTION 14. The following shall be codified as Section 97-47-127, Mississippi Code of 1972:
97-47-127. Reports by judges and prosecutors. (1) Within thirty (30) days after the date an order or the last extension, if any, expires or after the denial of an order, the issuing or denying judge shall report to the Administrative Office of the United States Courts:
(a) The fact that an order or extension was applied for;
(b) The kind of order or extension applied for;
(c) The fact that the order or extension was granted as applied for, was modified or was denied;
(d) The period of interceptions authorized by the order and the number and duration of any extensions of the order;
(e) The offense specified in the order or application or extension;
(f) The identity of the officer making the request and the prosecutor making the application; and
(g) The nature of the facilities from which or the place where communications were to be intercepted.
(2) In January of each year each prosecutor shall report to the Administrative Office of the United States Courts the following information for the preceding calendar year:
(a) The information required by subsection (1) of this section with respect to each application for an order or extension made;
(b) A general description of the interceptions made under each order or extension, including the approximate nature and frequency of incriminating communications intercepted, the approximate nature and frequency of order communications intercepted, the approximate number of persons whose communications were intercepted, and the approximate nature, amount and cost of the manpower and other resources used in the interceptions;
(c) The number of arrests resulting from interceptions made under each order or extension and the offenses for which arrests were made;
(d) The number of trials resulting from interceptions;
(e) The number of motions to suppress made with respect to interceptions and the number granted or denied;
(f) The number of convictions resulting from interceptions, the offenses for which the convictions were obtained, and a general assessment of the importance of the interceptions; and
(g) The information required by paragraphs (b) through (f) of this subsection with respect to orders or extensions obtained.
(3) Any judge or prosecutor required to file a report with the Administrative Office of the United States Courts shall forward a copy of the report to the Attorney General and the director. On or before January 5 of each year the Attorney General and/or the director shall submit to the Mississippi Administrative Office of Courts a report of all intercepts, as defined in this subsection and as required by federal law which relates to statistical data only, conducted by his respective agency pursuant to this article and terminated during the preceding calendar year. The report shall include:
(a) The report of judges and prosecuting attorneys forwarded to the Attorney General and director as required by this section;
(b) The number of personnel from his respective agency authorized to possess, install or operate electronic, mechanical or other devices;
(c) The number of Attorney General's Office, Mississippi Bureau of Investigation and other law enforcement personnel who participated or engaged in the seizure of intercepts pursuant to this article during the preceding calendar year; and
(d) The total cost to the Attorney General's Office and/or the Mississippi Bureau of Investigation, as the case may be, of all activities and procedures relating to the seizure of intercepts during the preceding calendar year, including costs of equipment, manpower and expenses incurred as compensation for use of facilities or technical assistance provided by the Bureau of Narcotics.
SECTION 15. The following shall be codified as Section 97-47-129, Mississippi Code of 1972:
97-47-129. Civil remedies. (1) A person whose wire, oral or other communication is intercepted, disclosed or used in violation of this article shall have a civil cause of action against any person who intercepts, discloses or uses or procures another person to intercept, disclose or use the communication, and is entitled to recover from the person:
(a) Actual damages but not less than liquidated damages computed at a rate of One Hundred Dollars ($100.00) a day for each day of violation or One Thousand Dollars ($1,000.00), whichever is higher;
(b) Punitive damages; and
(c) A reasonable attorney's fee and other litigation costs reasonably incurred.
(2) A good-faith reliance on a court order is a complete defense to any civil or criminal action brought under this article.
SECTION 16. The following shall be codified as Section 97-47-131, Mississippi Code of 1972:
97-47-131. Immunity from civil liability. This article shall not apply to:
(a) An operator of a switchboard, or an officer, employee or agent of a communication common carrier whose facilities are used in the transmission of a wire communication, intercepts a communication, or who discloses or uses an intercepted communication in the normal course of employment while engaged in an activity that is a necessary incident to the rendition of service or to the protection of the rights or property of the carrier of the communication;
(b) An officer, employee or agent of a communication common carrier who employs or uses any equipment or device which may be attached to any telephonic equipment of any subscriber which permits the interception and recording of any telephonic communications solely for the purposes of business service improvements;
(c) An officer, employee or agent of a communication common carrier who provides information, facilities or technical assistance to an investigative or law enforcement officer who is authorized as provided by this article to intercept a wire, oral or other communication;
(d) A person acting under color of law who intercepts a wire, oral or other communication if the person is a party to the communication, or if one (1) of the parties to the communication has given prior consent to the interception; or
(e) A person not acting under color of law who intercepts a wire, oral or other communication if the person is a party to the communication, or if one (1) of the parties to the communication has given prior consent to the interception unless the communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of this state, or for the purpose of committing any other injurious act.
SECTION 17. The following shall be codified as Section 97-47-133, Mississippi Code of 1972:
97-47-133. Criminal penalties for violations. (1) Any person who knowingly and intentionally possesses, installs, operates or monitors an electronic, mechanical or other device in violation of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be sentenced to not more than one (1) year in the county jail or fined not more than Ten Thousand Dollars ($10,000.00), or both.
(2) Any person who violates the provisions of Section 97-47-111 shall be guilty of a felony and, upon conviction thereof, shall be sentenced to not more than five (5) years in the custody of the Department of Corrections and fined not more than Ten Thousand Dollars ($10,000.00).
SECTION 18. The following shall be codified as Section 97-47-135, Mississippi Code of 1972:
97-47-135. Application. This article shall not apply to a person who is a subscriber to a telephone operated by a communication common carrier and who intercepts a communication on a telephone to which he subscribes. This article shall not apply to persons who are members of the household of the subscriber who intercept communications on a telephone in the home of the subscriber.
SECTION 19. The following shall be codified as Section 97-47-137, Mississippi Code of 1972:
97-47-137. Human Trafficking Law Enforcement. (1) Attorneys for the Attorney General's Office or the Mississippi Bureau of Investigation may file an ex parte application with a circuit court judge of the circuit court district in which the subscriber, instrument or other device exists, for communication records which will be material to an ongoing investigation of a felony violation of the Human Trafficking Act.
(2) The application shall be made in writing, under oath, and shall include the name of the subscriber, the number or numbers, and the location of the instrument or other device, if known and applicable. The application shall be accompanied by an affidavit from an Investigator of the Attorney General's Office or Mississippi Bureau of Investigation which sets forth facts which the court shall consider in determining that probable cause exists to believe that the information sought will be material to an ongoing felony violation of the Human Trafficking Act.
(3) Upon consideration of the application and the determination that probable cause exists, the circuit court judge may order a communications common carrier as defined by 47 USCS 153(h) or a provider of communication services to provide the Attorney General's Office and/or the Mississippi Bureau of Investigation with communication billing records, call records, subscriber information, or other communication record information. The communications common carrier or the provider of communication services shall be entitled to compensation at the prevailing rates from the lead agency conducting the investigation pursuant to this article.
(4) The circuit court judge shall seal each order issued pursuant to this section. The contents of an application, affidavit and order may not be disclosed except in the course of a judicial proceeding. Any unauthorized disclosure of a sealed order, motion or affidavit shall be punishable as contempt of court.
SECTION 20. The following shall be codified as Section 97-47-139, Mississippi Code of 1972:
97-47-139. Procedures for use of pen register and other devices. (1) As used in this section, the following words and phrases shall have the meanings ascribed to them herein unless the context clearly requires otherwise:
(a) "Pen register" means a mechanical or electronic device that attaches to a telephone line and is capable of recording outgoing numbers dialed from that line and date, time and duration of any incoming communication to that line.
(b) "Trap and trace device" means a device which captures the incoming electronic or other signals which identifies the originating number of an instrument or device from which a wire or other communication was transmitted.
(c) "Caller ID" means a service offered by a provider of communications services which identifies either or both of the originating number or the subscriber of the number of an instrument or device from which a wire or other communication was transmitted.
(2) (a) Attorneys for the Attorney General's Office or the Mississippi Bureau of Investigation, upon their own motion, may file an application with the circuit court for the installation and use of a pen register, trap and trace device or caller ID to obtain information material to an ongoing investigation of a felony violation of the Human Trafficking Act. Venue under this section shall be in the circuit court district of any of the following:
(i) The county of residence of the subscriber,
(ii) The county of residence of the user,
(iii) The county in which the billing address is located, or
(iv) The county in which the crime is allegedly being committed.
(b) The application shall be made in writing under oath and shall include the name of the subscriber, the telephone number or numbers, and the location of the telephone instrument or instruments upon which the pen register will be utilized. The application shall also set forth facts which the court shall consider in determining that probable cause exists that the installation and utilization of the pen register, trap and trace device or caller ID will be material to an ongoing investigation of a felony violation of the Human Trafficking Act.
(c) Upon consideration of the application and a determination that probable cause exists, the circuit court judge may order the installation and utilization of the pen register, trap and trace device or caller ID, and in the order the circuit court judge shall direct a communications common carrier, as defined by 47 USC 153(h), to furnish all information, facilities and technical assistance necessary to facilitate the installation and utilization of the pen register, trap and trace device or caller ID unobtrusively and with a minimum of interference to the services provided by the carrier. The carrier is entitled to compensation at the prevailing rates for the facilities and assistance provided to the Attorney General's Office or the Mississippi Bureau of Investigation.
(d) An order for the installation and utilization of a pen register, trap and trace device or caller ID is valid for not more than thirty (30) days from the date the order is granted unless, before the expiration of the order, an attorney for the Attorney General's Office or the Mississippi Bureau of Investigation applies for and obtains from the court an extension of the order. The period of extension may not exceed thirty (30) days for each extension granted.
(e) The circuit court shall seal an application and order for the installation and utilization of a pen register, trap and trace device or caller ID granted under this section. The contents of an application or order may not be disclosed except in the course of a judicial proceeding and an unauthorized disclosure is punishable as contempt of court.
(3) On or before January 5 of each year, the Attorney General and the director shall submit a report to the Mississippi Administrative Office of Courts detailing the number of applications made by his respective office for pen registers sought and the number of orders for the installation and utilization of pen registers, trap and trace devices or caller ID granted during the preceding calendar year.
SECTION 21. The following shall be codified as Section 97-47-141, Mississippi Code of 1972:
97-47-141. Training and equipment; costs of investigation. (1) In providing wiretapping authority to the Attorney General and the Mississippi Bureau of Investigation for use in the investigation of human trafficking crimes as defined under the Human Trafficking Act, the Legislature shall appropriate funds to the Attorney General's Office and to the Mississippi Bureau of Investigation to purchase equipment and to properly train personnel to conduct wiretapping activities as set forth in Article 3, Chapter 47, Title 97, Mississippi Code of 1972.
(2) Any determination to make application for and engage in wiretapping and pen register activities as described in Sections 97-47-11 through 97-47-32 shall be at the discretion of the Attorney General or the Director, who shall base the decision, in part, on whether funds have been specifically appropriated by the Legislature or are otherwise available for the activities.
SECTION 22. The following shall be codified as Section 97-47-1, Mississippi Code of 1972:
97-47-1. This chapter may be known and cited as the Mississippi Human Trafficking Act.
SECTION 23. The following shall be codified as Section
97-47-3, Mississippi Code of 1972:
97-47-3. Human trafficking; offenses. (1) (a) A person who coerces, recruits, entices, harbors, transports, provides or obtains by any means, or attempts to coerce, recruit, entice, harbor, transport, provide or obtain by any means, another person, intending or knowing that the person will be subjected to forced labor or services, or who benefits, whether financially or by receiving anything of value from participating in an enterprise that he knows or reasonably should have known has engaged in such acts, shall be guilty of the crime of human trafficking.
(b) A person who knowingly purchases the forced labor or services of a trafficked person or who otherwise knowingly subjects, or attempts to subject, another person to forced labor or services or who benefits, whether financially or by receiving anything of value from participating in an enterprise that he knows or reasonably should have known has engaged in such acts, shall be guilty of the crime of procuring involuntary servitude.
(c) A person who knowingly subjects, or attempts to subject, or who recruits, entices, harbors, transports, provides or obtains by any means, or attempts to recruit, entice, harbor, transport, provide or obtain by any means, a minor, knowing that the minor will engage in commercial sexual activity, sexually explicit performance, or the production of sexually oriented material, or causes or attempts to cause a minor to engage in commercial sexual activity, sexually explicit performance, or the production of sexually oriented material, shall be guilty of procuring sexual servitude of a minor and shall be punished by commitment to the custody of the Department of Corrections for not less than five (5) nor more than thirty (30) years, or by a fine of not less than Fifty Thousand Dollars ($50,000.00) nor more than Five Hundred Thousand Dollars ($500,000.00), or both. It is not a defense in a prosecution under this section that a minor consented to engage in the commercial sexual activity, sexually explicit performance, or the production of sexually oriented material, or that the defendant reasonably believed that the minor was eighteen (18) years of age or older.
(2) If the victim is not a minor, a person who is convicted of an offense set forth in subsection (1)(a) or (b) of this section shall be committed to the custody of the Department of Corrections for not less than two (2) years nor more than twenty (20) years, or by a fine of not less than Ten Thousand Dollars ($10,000.00) nor more than One Hundred Thousand Dollars ($100,000.00), or both. If the victim of the offense is a minor, a person who is convicted of an offense set forth in subsection (1)(a) or (b) of this section shall be committed to the custody of the Department of Corrections for not less than five (5) years nor more than twenty (20) years, or by a fine of not less than Twenty Thousand Dollars ($20,000.00) nor more than One Hundred Thousand Dollars ($100,000.00), or both.
(3) An enterprise may be prosecuted for an offense under this chapter if:
(a) An agent of the enterprise knowingly engages in conduct that constitutes an offense under this chapter while acting within the scope of employment and for the benefit of the entity.
(b) An employee of the enterprise engages in conduct that constitutes an offense under this chapter and the commission of the offense was part of a pattern of illegal activity for the benefit of the enterprise, which an agent of the enterprise either knew was occurring or recklessly disregarded, and the agent failed to take effective action to stop the illegal activity.
(c) It is an affirmative defense to a prosecution of an enterprise that the enterprise had in place adequate procedures, including an effective complaint procedure, designed to prevent persons associated with the enterprise from engaging in the unlawful conduct and to promptly correct any violations of this chapter.
(d) The court may consider the severity of the enterprise's offense and order penalties, including: (i) a fine of not more than One Million Dollars ($1,000,000.00); (ii) disgorgement of profit; and (iii) debarment from government contracts. Additionally, the court may order any of the relief provided in Section 97-47-15.
(4) In addition to the mandatory reporting provisions contained in Section 97-5-51, any person who has reasonable cause to suspect that a minor under the age of eighteen (18) is a trafficked person shall immediately make a report of the suspected child abuse or neglect to the Department of Human Services and to the Statewide Human Trafficking Coordinator. The Department of Human Services shall then immediately notify the law enforcement agency in the jurisdiction where the suspected child abuse or neglect occurred as required in Section 43-21-353, and the department shall also commence an initial investigation into the suspected abuse or neglect as required in Section 43-21-353. A minor who has been identified as a victim of trafficking shall not be liable for criminal activity in violation of this section.
(5) It is an affirmative defense in a prosecution under this chapter that the defendant:
(a) Is a victim; and
(b) Committed the offense under a reasonable apprehension created by a person that, if the defendant did not commit the act, the person would inflict serious harm on the defendant, a member of the defendant's family, or a close associate.
SECTION 24. The following shall be codified as Section 930
97-47-5, Mississippi Code of 1972:
97-47-5. Human trafficking; prevention or restriction of liberty of victim; offense; penalty. Anyone who knowingly destroys, conceals, removes, confiscates or possesses, or attempts to destroy, conceal, remove, confiscate or possess, any actual or purported passport or other immigration document, or any other actual or purported government identification document of any person to prevent or restrict, or attempt to prevent or restrict, without lawful authority, the person's liberty to move or travel in order to maintain the labor or services of that person, when the person is or has been a victim of a violation set out in Section 97-47-3 shall be punished by commitment to the custody of the Department of Corrections for not more than five (5) years.
SECTION 25. The following shall be codified as Section 97-47-7, Mississippi Code of 1972:
97-47-7. Aiding or abetting human trafficking. A person who knowingly aids, abets or conspires with one or more persons to violate the Mississippi Human Trafficking Act shall be considered a principal in the offense and shall be indicted and punished as such whether the principal has been previously convicted or not.
SECTION 26. The following shall be codified as Section 97-47-9, Mississippi Code of 1972:
97-47-9. Definitions relating to human trafficking. For the purposes of the Mississippi Human Trafficking Act the following words and phrases shall have the meanings ascribed herein unless the context clearly requires otherwise:
(a) "Actor" means a person who violates any of the provisions of Sections 97-47-1 through 97-47-7.
(b) "Blackmail" means obtaining property or things of value of another by threatening to (i) inflict bodily injury on anyone; or (ii) commit any other criminal offense.
(c) "Coerce" or "coercion" means:
(i) Causing or threatening to cause bodily harm to any person, physically restraining or confining any person, or threatening to physically restrain or confine any person;
(ii) Exposing or threatening to expose any fact or information or disseminating or threatening to disseminate any fact or information that would tend to subject a person to criminal or immigration proceedings, hatred, contempt or ridicule;
(iii) Destroying, concealing, removing, confiscating or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document of any person;
(iv) Providing a controlled substance to a person for the purpose of compelling the person to engage in labor or sexual servitude against the person's will;
(v) Causing or threatening to cause financial harm to any person or using financial control over any person;
(vi) Abusing or threatening to abuse a position of power, the law, or legal process;
(vii) Using blackmail;
(viii) Using an individual's personal services as payment or satisfaction of a real or purported debt when: 1. the reasonable value of the services is not applied toward the liquidation of the debt; 2. the length of the services is not limited and the nature of the services is not defined; 3. the principal amount of the debt does not reasonably reflect the value of the items or services for which the debt is incurred; or 4. the individual is prevented from acquiring accurate and timely information about the disposition of the debt; or
(ix) Using any scheme, plan or pattern of conduct intended to cause any person to believe that, if the person did not perform the labor or services, that the person or another person would suffer serious harm or physical restraint.
(d) "Commercial sexual activity" means any sex act on account of which anything of value is given to, promised to, or received by any person.
(e) "Enterprise" means any individual, sole proprietorship, partnership, corporation, union or other legal entity, or any association or group of individuals associated in fact regardless of whether a legal entity has been formed pursuant to any state, federal or territorial law. It includes illicit as well as licit enterprises and governmental as well as other entities.
(f) "Financial harm" includes, but is not limited to, extortion as defined by Section 97-3-82, Mississippi Code of 1972, or violation of the usury law as defined by Title 75, Chapter 17, Mississippi Code of 1972.
(g) "Forced labor or services" means labor or services that are performed or provided by another person and are obtained or maintained through coercion.
(h) "Labor" means work of economic or financial value.
(i) "Maintain" means, in relation to labor or services, to secure continued performance thereof, regardless of any initial agreement on the part of the trafficked person to perform such labor or service.
(j) "Minor" means a person under the age of eighteen (18) years.
(k) "Obtain" means, in relation to labor or services, to secure performance thereof.
(l) "Pecuniary damages" means any of the following:
(i) The greater of the gross income or value to the defendant of the victim's labor or services, including sexual services, not reduced by the expense the defendant incurred as a result of maintaining the victim, or the value of the victim's labor or services calculated under the minimum wage and overtime provisions of the Fair Labor Standards Act, 29 USCS Section 201 et seq., whichever is higher;
(ii) If it is not possible or in the best interest of the victim to compute a value under subparagraph (i) of this paragraph (l), the equivalent of the value of the victim's labor or services if the victim had provided labor or services that were subject to the minimum wage and overtime provisions of the Fair Labor Standards Act, 29 USCS 201 et seq.;
(iii) Costs and expenses incurred by the victim as a result of the offense for:
1. Medical services;
2. Therapy or psychological counseling;
3. Temporary housing;
4. Transportation;
5. Childcare;
6. Physical and occupational therapy or rehabilitation;
7. Funeral, interment, and burial services; reasonable attorney's fees and other legal costs; and
8. Other expenses incurred by the victim.
(m) "Serious harm" means harm, whether physical or nonphysical, including psychological, economic or reputational, to an individual that would compel a reasonable person in similar circumstances as the individual to perform or continue to perform labor or services to avoid incurring the harm.
(n) "Services" means an ongoing relationship between a person and the actor in which the person performs activities under the supervision of or for the benefit of the actor or a third party and includes, without limitation, commercial sexual activity, sexually explicit performances, or the production of sexually explicit materials.
(o) "Sexually explicit performance" means a live or public act or show intended to arouse or satisfy the sexual desires or appeal to the prurient interests of patrons.
(p) "Trafficked person" means a person subjected to the practices prohibited by this chapter regardless of whether a perpetrator is identified, apprehended, prosecuted or convicted, and is a term used interchangeably with the terms "victim," "victim of trafficking" and "trafficking victim."
(q) "Venture" means any group of two (2) or more individuals associated in fact, whether or not a legal entity.
(r) "Sexually oriented material" shall have the meaning ascribed in Section 97-5-27, Mississippi Code of 1972.
SECTION 27. The following shall be codified as Section 97-47-11, Mississippi Code of 1972:
97-47-11. Use of undercover operative in detection of offense permitted. The fact that an undercover operative or law enforcement officer was involved in any manner in the detection and investigation of an offense under this chapter shall not constitute a defense to a prosecution under this chapter.
SECTION 28. The following shall be codified as Section 97-47-13, Mississippi Code of 1972:
97-47-13. Injunctive and other relief for victims of trafficking; confidentiality. (1) Any circuit court may, after making due provision for the rights of trafficked persons, enjoin violations of the provisions of this chapter by issuing appropriate orders and judgments, including, but not limited to:
(a) Ordering any defendant to divest himself of any interest in any enterprise, including real property.
(b) Imposing reasonable restrictions upon the future activities or investments of any defendant, including, but not limited to, prohibiting any defendant from engaging in the same type of endeavor as the enterprise in which he was engaged in violation of the provisions of this chapter.
(c) Ordering the dissolution or reorganization of any enterprise.
(d) Ordering the suspension or revocation of a license or permit granted to any enterprise by any agency of the state.
(e) Ordering the forfeiture of the charter of a corporation organized under the laws of the state, or the revocation of a certificate authorizing a foreign corporation to conduct business within the state, upon finding that the board of directors or a managerial agent acting on behalf of the corporation in conducting the affairs of the corporation, has authorized or engaged in conduct in violation of this chapter and that, for the prevention of future criminal activity, the public interest requires the charter of the corporation forfeited and the corporation dissolved or the certificate revoked.
(2) Notwithstanding any provisions to the contrary in Section 99-37-1 et seq., the court shall order restitution to the victim for any offense under this chapter. The order of restitution under this section shall direct the defendant to pay the victim, through the appropriate court mechanism, the full amount of the victim's pecuniary damages. For the purposes of determining restitution, the term "victim" means the individual harmed as a result of a crime under this chapter, including, in the case of a victim who is under eighteen (18) years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or a representative of the victim's estate, or another family member, or any other person appointed as suitable by the court, but in no event shall the defendant be named as such a representative or guardian. The court may order restitution even if the victim is absent from the jurisdiction or unavailable.
(3) Any person who is injured by reason of any violation of the provisions of this chapter shall have a cause of action against any person or enterprise convicted of engaging in activity in violation of this chapter for threefold the actual damages sustained and, when appropriate, punitive damages. The person shall also recover attorney's fees in the trial and appellate courts and reasonable costs of investigation and litigation.
(4) The application of one (1) civil remedy under any provision of this chapter shall not preclude the application of any other remedy, civil or criminal, under this chapter or any other provision of law. Civil remedies under this chapter are supplemental.
(5) At any time after a conviction under this chapter, the court in which the conviction was entered may, upon appropriate motion, vacate the conviction if the court finds the defendant's participation in the offense was the result of being a victim. Official documentation from a federal, state or local government agency as to the defendant's status as a victim at the time of the offense creates a presumption that the defendant's participation in the offense was a result of being a victim, but official documentation is not required to grant a motion under this subsection.
(6) In a prosecution or civil action for damages for an offense under this chapter in which there is evidence that the alleged victim was subjected to sexual servitude, reputation or opinion evidence of past sexual behavior of the alleged victim is not admissible, unless admitted in accordance with the Mississippi Rules of Evidence.
(7) In any investigation or prosecution for an offense under this chapter, the responsible law enforcement agency or prosecutor's office are required to take all reasonable efforts to keep the identity of the victim and the victim's family confidential by ensuring that the names and identifying information of those individuals are not disclosed to the public.
SECTION 29. The following shall be codified as Section 97-47-15, Mississippi Code of 1972:
97-47-15. Forfeiture of assets and disposition of proceeds. (1) In addition to any other civil or criminal penalties provided by law, any property used in the commission of a violation of this chapter shall be forfeited as provided herein.
(a) The following property shall be subject to forfeiture if used or intended for use as an instrumentality in or used in furtherance of a violation of this chapter:
(i) Conveyances, including aircraft, vehicles or vessels;
(ii) Books, records, telecommunication equipment, or computers;
(iii) Money or weapons;
(iv) Everything of value furnished, or intended to be furnished, in exchange for an act in violation and all proceeds traceable to the exchange;
(v) Negotiable instruments and securities;
(vi) Any property, real or personal, directly or indirectly acquired or received in a violation or as an inducement to violate;
(vii) Any property traceable to proceeds from a violation; and
(viii) Any real property, including any right, title and interest in the whole of or any part of any lot or tract of land used in furtherance of a violation of this chapter.
(b) (i) No property used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the property is a consenting party or privy to a violation of this chapter;
(ii) No property is subject to forfeiture under this section by reason of any act or omission proved by the owner thereof to have been committed or omitted without his knowledge or consent; if the confiscating authority has reason to believe that the property is a leased or rented property, then the confiscating authority shall notify the owner of the property within five (5) days of the confiscation or within five (5) days of forming reason to believe that the property is a leased or rented property;
(iii) Forfeiture of a property encumbered by a bona fide security interest is subject to the interest of the secured party if he neither had knowledge of nor consented to the act or omission.
(2) No property shall be forfeited under the provisions of this section, to the extent of the interest of an owner, by reason of any act or omission established by him to have been committed or omitted without his knowledge or consent.
(3) Seizure without process may be made if the seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant.
(4) (a) When any property is seized under this section, proceedings shall be instituted within a reasonable period of time from the date of seizure or the subject property shall be immediately returned to the party from whom seized.
(b) A petition for forfeiture shall be filed by the Attorney General or a district attorney in the name of the State of Mississippi, the county, or the municipality, and may be filed in the county in which the seizure is made, the county in which the criminal prosecution is brought, or the county in which the owner of the seized property is found. Forfeiture proceedings may be brought in the circuit court or the county court if a county court exists in the county and the value of the seized property is within the jurisdictional limits of the county court as set forth in Section 9-9-21. A copy of the petition shall be served upon the following persons by service of process in the same manner as in civil cases:
(i) The owner of the property, if address is known;
(ii) Any secured party who has registered his lien or filed a financing statement as provided by law, if the identity of the secured party can be ascertained by the entity filing the petition by making a good faith effort to ascertain the identity of the secured party;
(iii) Any other bona fide lienholder or secured party or other person holding an interest in the property in the nature of a security interest of whom the seizing law enforcement agency has actual knowledge; and
(iv) Any person in possession of property subject to forfeiture at the time that it was seized.
(5) If the property is a motor vehicle susceptible of titling under the Mississippi Motor Vehicle Title Law and if there is any reasonable cause to believe that the vehicle has been titled, inquiry of the Department of Revenue shall be made as to what the records of the Department of Revenue show as to who is the record owner of the vehicle and who, if anyone, holds any lien or security interest that affects the vehicle.
(6) If the property is a motor vehicle and is not titled in the State of Mississippi, then an attempt shall be made to ascertain the name and address of the person in whose name the vehicle is licensed, and if the vehicle is licensed in a state which has in effect a certificate of title law, inquiry of the appropriate agency of that state shall be made as to what the records of the agency show as to who is the record owner of the vehicle and who, if anyone, holds any lien, security interest or other instrument in the nature of a security device that affects the vehicle.
(7) If the property is of a nature that a financing statement is required by the laws of this state to be filed to perfect a security interest affecting the property and if there is any reasonable cause to believe that a financing statement covering the security interest has been filed under the laws of this state, inquiry of the appropriate office designated in Section 75-9-501, shall be made as to what the records show as to who is the record owner of the property and who, if anyone, has filed a financing statement affecting the property.
(8) If the property is an aircraft or part thereof and if there is any reasonable cause to believe that an instrument in the nature of a security device affects the property, inquiry of the Mississippi Department of Transportation shall be made as to what the records of the Federal Aviation Administration show as to who is the record owner of the property and who, if anyone, holds an instrument in the nature of a security device which affects the property.
(9) If the answer to an inquiry states that the record owner of the property is any person other than the person who was in possession of it when it was seized, or states that any person holds any lien, encumbrance, security interest, other interest in the nature of a security interest, mortgage or deed of trust that affects the property, the record owner and also any lienholder, secured party, other person who holds an interest in the property in the nature of a security interest, or holder of an encumbrance, mortgage or deed of trust that affects the property is to be named in the petition of forfeiture and is to be served with process in the same manner as in civil cases.
(10) If the owner of the property cannot be found and served with a copy of the petition of forfeiture, or if no person was in possession of the property subject to forfeiture at the time that it was seized and the owner of the property is unknown, there shall be filed with the clerk of the court in which the proceeding is pending an affidavit to such effect, whereupon the clerk of the court shall publish notice of the hearing addressed to "the Unknown Owner of ________________," filling in the blank space with a reasonably detailed description of the property subject to forfeiture. Service by publication shall contain the other requisites prescribed in Section 11-33-41, and shall be served as provided in Section 11-33-37, for publication of notice for attachments at law.
(11) No proceedings instituted pursuant to the provisions of this section shall proceed to hearing unless the judge conducting the hearing is satisfied that this section has been complied with. Any answer received from an inquiry required by this section shall be introduced into evidence at the hearing.
(12) (a) An owner of a property that has been seized shall file an answer within thirty (30) days after the completion of service of process. If an answer is not filed, the court shall hear evidence that the property is subject to forfeiture and forfeit the property to the seizing law enforcement agency. If an answer is filed, a time for hearing on forfeiture shall be set within thirty (30) days of filing the answer or at the succeeding term of court if court would not be in session within thirty (30) days after filing the answer. The court may postpone the forfeiture hearing to a date past the time any criminal action is pending against the owner upon request of any party.
(b) If the owner of the property has filed an answer denying that the property is subject to forfeiture, then the burden is on the petitioner to prove that the property is subject to forfeiture. However, if an answer has not been filed by the owner of the property, the petition for forfeiture may be introduced into evidence and is prima facie evidence that the property is subject to forfeiture. The burden of proof placed upon the petitioner in regard to property forfeited under the provisions of this chapter shall be by a preponderance of the evidence.
(c) At the hearing any claimant of any right, title or interest in the property may prove his lien, encumbrance, security interest, other interest in the nature of a security interest, mortgage or deed of trust to be bona fide and created without knowledge or consent that the property was to be used so as to cause the property to be subject to forfeiture.
(d) If it is found that the property is subject to forfeiture, then the judge shall forfeit the property. However, if proof at the hearing discloses that the interest of any bona fide lienholder, secured party, other person holding an interest in the property in the nature of a security interest, or any holder of a bona fide encumbrance, mortgage or deed of trust is greater than or equal to the present value of the property, the court shall order the property released to him. If the interest is less than the present value of the property and if the proof shows that the property is subject to forfeiture, the court shall order the property forfeited.
(13) Unless otherwise provided herein, all personal property which is forfeited under this section shall be liquidated and, after deduction of court costs and the expense of liquidation, the proceeds shall be divided as follows:
(a) If only one (1) law enforcement agency participates in the underlying criminal case out of which the forfeiture arises, fifty percent (50%) of the proceeds shall be forwarded to the State Treasurer and deposited in the Relief for Victims of Human Trafficking Fund, and fifty percent (50%) shall be deposited and credited to the budget of the participating law enforcement agency.
(b) If more than one (1) law enforcement agency participates in the underlying criminal case out of which the forfeiture arises, fifty percent (50%) of the proceeds shall be forwarded to the State Treasurer and deposited in the Relief for Victims of Human Trafficking Fund, twenty-five percent (25%) of the proceeds shall be deposited and credited to the budget of the law enforcement agency whose officers initiated the criminal case and twenty-five percent (25%) shall be divided equitably between or among the other participating law enforcement agencies, and shall be deposited and credited to the budgets of the participating law enforcement agencies. In the event that the other participating law enforcement agencies cannot agree on the division of their twenty-five percent (25%), a petition shall be filed by any one of them in the court in which the civil forfeiture case is brought and the court shall make an equitable division.
(14) All money forfeited under this section shall be divided, deposited and credited in the same manner as provided in subsection (13).
(15) All real estate forfeited under the provisions of this section shall be sold to the highest and best bidder at a public auction for cash, the auction to be conducted by the chief law enforcement officer of the initiating law enforcement agency, or his designee, at such place, on such notice and in accordance with the same procedure, as far as practicable, as is required in the case of sales of land under execution at law. The proceeds of the sale shall first be applied to the cost and expense in administering and conducting the sale, then to the satisfaction of all mortgages, deeds of trust, liens and encumbrances of record on the property. The remaining proceeds shall be divided, forwarded and deposited in the same manner as provided in subsection (13) of this section.
(16) (a) Any county or municipal law enforcement agency may maintain, repair, use and operate for official purposes all property described in subsection (1)(a)(i) of this section that has been forfeited to the agency if it is free from any interest of a bona fide lienholder, secured party or other party who holds an interest in the property in the nature of a security interest. The county or municipal law enforcement agency may purchase the interest of a bona fide lienholder, secured party or other party who holds an interest so that the property can be released for its use. If the property is a motor vehicle susceptible of titling under the Mississippi Motor Vehicle Title Law, the law enforcement agency shall be deemed to be the purchaser, and the certificate of title shall be issued to it as required by subsection (9) of this section.
(b) (i) If a vehicle is forfeited to or transferred to a sheriff's department, then the sheriff may transfer the vehicle to the county for official or governmental use as the board of supervisors may direct.
(ii) If a vehicle is forfeited to or transferred to a police department, then the police chief may transfer the vehicle to the municipality for official or governmental use as the governing authority of the municipality may direct.
(c) If a motor vehicle forfeited to a county or municipal law enforcement agency becomes obsolete or is no longer needed for official or governmental purposes, it may be disposed of in accordance with Section 19-7-5 or in the manner provided by law for disposing of municipal property.
(17) The forfeiture procedure set forth in this section is the sole remedy of any claimant, and no court shall have jurisdiction to interfere therewith by replevin, injunction, supersedeas or in any other manner.
SECTION 30. The following shall be codified as Section 97-47-17, Mississippi Code of 1972:
97-47-17. Relief for Victims of Human Trafficking Fund. (1) There is hereby created in the State Treasury a special fund to be known as the "Relief for Victims of Human Trafficking 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) Donations or grant funds received; and
(d) Monies received from such other sources as may be provided by law.
(2) The monies in the Relief for Victims of Human Trafficking Fund shall be used by the Mississippi Attorney General's office solely for the administration of programs designed to assist victims of human trafficking, to conduct training on human trafficking to law enforcement, court personnel, attorneys, and nongovernmental service providers, and to support the duties of the Statewide Human Trafficking Coordinator as set forth in this chapter.
SECTION 31. The following shall be codified as Section 97-47-19, Mississippi Code of 1972:
97-47-19. Statewide Human Trafficking Coordinator; duties. (1) There is created the position of Statewide Human Trafficking Coordinator within the Attorney General's office. The duties of the coordinator shall be as follows:
(a) Coordinate the implementation of this act;
(b) Evaluate state efforts to combat human trafficking;
(c) Collect data on human trafficking activity within the state on an ongoing basis, including types of activities reported, efforts to combat human trafficking, and impact on victims and on the state;
(d) Exclude from publicly released portions of the data collected under paragraph (c) of this subsection the identity of any victim and the victim's family;
(e) Promote public awareness about human trafficking, remedies and services for victims, and national hotline information;
(f) Create and maintain a website to publicize the coordinator's work;
(g) Submit to the Legislature an annual report of its evaluation under paragraph (b) of this subsection, including any recommendations, and summary of data collected under paragraph (c) of this subsection;
(h) Develop and implement rules and regulations pertaining to the use of the Relief for Victims of Human Trafficking Fund to support services for victims of human trafficking in Mississippi;
(i) Assist in the creation and operations of local human trafficking task forces or working groups around the state, including serving on a task force; and
(j) Conduct other activities, including, but not limited to, applying for grants to enhance investigation and prosecution of trafficking offenses or to improve victim services to combat human trafficking within this state which are appropriate.
(2) The coordinator shall be authorized to seek input and assistance from state agencies, nongovernmental agencies, service providers and other individuals in the performance of the foregoing duties.
(3) Each state agency, board and commission shall be required to fully cooperate with the coordinator in the performance of the duties of that position.
(4) Every investigation of an offense under this chapter shall be reported to the coordinator by the initiating law enforcement agency pursuant to guidelines established by the coordinator.
(5) Notwithstanding the provisions of Section 43-21-261, disclosure by any state agency, nongovernmental agency, service provider or local or state law enforcement agency of nonidentifying information regarding a minor victim to the coordinator for the purposes of evaluating and collecting data regarding trafficking offenses in the state is specifically authorized.
SECTION 32. Section 45-33-23, Mississippi Code of 1972, is amended as follows:
45-33-23. For the purposes of this chapter, the following words shall have the meanings ascribed herein unless the context clearly requires otherwise:
(a) "Conviction" means that, regarding the person's offense, there has been a determination or judgment of guilt as a result of a trial or the entry of a plea of guilty or nolo contendere regardless of whether adjudication is withheld. "Conviction of similar offenses" includes, but is not limited to, a conviction by a federal or military tribunal, including a court-martial conducted by the Armed Forces of the United States, a conviction for an offense committed on an Indian Reservation or other federal property, a conviction in any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Northern Marianna Islands or the United States Virgin Islands, and a conviction in a foreign country if the foreign country's judicial system is such that it satisfies minimum due process set forth in the guidelines under Section 111(5)(B) Public Law 109-248.
(b) "Department" means the Mississippi Department of Public Safety unless otherwise specified.
(c) "Jurisdiction" means any court or locality including any state court, federal court, military court, Indian tribunal or foreign court, the fifty (50) states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Northern Marianna Islands or the United States Virgin Islands, and Indian tribes that elect to function as registration jurisdictions under Title 1, SORNA Section 127 of the Adam Walsh Child Safety Act.
(d) "Permanent residence" means a place where the person abides, lodges, or resides for a period of fourteen (14) or more consecutive days.
(e) "Registration" means providing information to the appropriate agency within the time frame specified as required by this chapter.
(f) "Registration duties" means obtaining the registration information required on the form specified by the department as well as the photograph, fingerprints and biological sample of the registrant. Biological samples are to be forwarded to the Mississippi Forensics Laboratory pursuant to Section 45-33-37; the photograph, fingerprints and other registration information are to be forwarded to the Department of Public Safety immediately.
(g) "Responsible agency" is defined as the person or government entity whose duty it is to obtain information from a criminal sex offender upon conviction and to transmit that information to the Mississippi Department of Public Safety.
(i) For a criminal sex offender being released from the custody of the Department of Corrections, the responsible agency is the Department of Corrections.
(ii) For a criminal sex offender being released from a county jail, the responsible agency is the sheriff of that county.
(iii) For a criminal sex offender being released from a municipal jail, the responsible agency is the police department of that municipality.
(iv) For a sex offender in the custody of the youth court, the responsible agency is the youth court.
(v) For a criminal sex offender who is being placed on probation, including conditional discharge or unconditional discharge, without any sentence of incarceration, the responsible agency is the sentencing court.
(vi) For an offender who has been committed to a mental institution following an acquittal by reason of insanity, the responsible agency is the facility from which the offender is released. Specifically, the director of the facility shall notify the Department of Public Safety before the offender's release.
(vii) For a criminal sex offender who is being released from a jurisdiction outside this state or who has a prior conviction in another jurisdiction and who is to reside, work or attend school in this state, the responsible agency is both the sheriff of the proposed county of residence and the department.
(h) "Sex offense" or "registrable offense" means any of the following offenses:
(i) Section 97-3-53 relating to kidnapping, if the victim was below the age of eighteen (18);
(ii) Section 97-3-65 relating to rape; however, conviction or adjudication under Section 97-3-65(1)(a) when the offender was eighteen (18) years of age or younger at the time of the alleged offense, shall not be a registrable sex offense;
(iii) Section 97-3-71 relating to rape and assault with intent to ravish;
(iv) Section 97-3-95 relating to sexual battery; however, conviction or adjudication under Section 97-3-95(1)(c) when the offender was eighteen (18) years of age or younger at the time of the alleged offense, shall not be a registrable sex offense;
(v) Section 97-5-5 relating to enticing a child for concealment, prostitution or marriage;
(vi) Section 97-5-23 relating to the touching of a child, mentally defective or incapacitated person or physically helpless person for lustful purposes;
(vii) Section 97-5-27 relating to the dissemination of sexually oriented material to children;
(viii) Section 97-5-33 relating to the exploitation of children;
(ix) Section 97-5-41 relating to the carnal knowledge of a stepchild, adopted child or child of a cohabiting partner;
(x) Section 97-29-3 relating to sexual intercourse between teacher and student;
(xi) Section 97-29-59 relating to unnatural intercourse;
(xii) Section 43-47-18 relating to sexual abuse of a vulnerable person;
(xiii) Section * * * 97-47-3(1)(c)
relating to procuring sexual servitude of a minor and Section * * * 97-47-7 relating
to aiding, abetting or conspiring to violate Section * * * 97-47-3(1)(c);
(xiv) Section 97-29-61(2) relating to voyeurism when the victim is a child under sixteen (16) years of age;
(xv) Section 97-29-63 relating to filming another without permission where there is an expectation of privacy;
(xvi) Section 97-29-45(1)(a) relating to obscene electronic communication;
(xvii) Section 97-3-104 relating to the crime of sexual activity between law enforcement, correctional or custodial personnel and prisoners;
(xviii) Section 97-5-39(1)(e) relating to contributing to the neglect or delinquency of a child, felonious abuse or battery of a child, if the victim was sexually abused;
(xix) Section 97-29-51 relating to procuring or promoting prostitution when the victim is a child under eighteen (18) years of age;
(xx) Section 97-1-7 relating to attempt to commit any of the offenses referenced in this paragraph (h);
(xxi) Any other offense resulting in a conviction in another jurisdiction which, if committed in this state, would be deemed to be such a crime without regard to its designation elsewhere;
(xxii) Any offense resulting in a conviction in another jurisdiction for which registration is required in the jurisdiction where the conviction was had;
(xxiii) Any conviction of conspiracy to commit, accessory to commission, or attempt to commit any offense listed in this section;
(xxiv) Capital murder when one (1) of the above-described offenses is the underlying crime.
(i) "Temporary residence" is defined as any place where the person abides, lodges, or resides for a period of seven (7) or more consecutive days which is not the person's permanent residence.
SECTION 33. Section 45-33-47, Mississippi Code of 1972, is amended as follows:
45-33-47. (1) A sex offender with a duty to register under Section 45-33-25 shall only be relieved of the duty under subsection (2) of this section.
(2) A person required to register for a registrable sex offense under Section 45-33-25 may petition the circuit court of the sentencing jurisdiction, or for a person whose duty to register arose in another jurisdiction, the county in which the registrant resides, to be relieved of that duty under the following conditions:
(a) The offender has maintained his registration in Mississippi for the required minimum registration from the most recent date of occurrence of at least one (1) of the following: release from prison, placement on parole, supervised release or probation or as determined by the offender's tier classification. Incarceration for any offense will restart the minimum registration requirement. Registration in any other jurisdiction does not reduce the minimum time requirement for maintaining registration in Mississippi.
(b) Tier One. (i) Tier One requires registration for a minimum of fifteen (15) years in this state and includes any of the following listed registrable sex offenses:
1. Section 97-5-27(1) relating to dissemination of sexually oriented material to children;
2. Section 97-29-61(2) relating to voyeurism when the victim is a child under sixteen (16) years of age;
3. Section 97-29-3 relating to misdemeanor sexual intercourse between teacher and student;
4. Section 97-29-45(1)(a) relating to obscene electronic communication;
5. Any conviction of conspiracy to commit, accessory to commission, or attempt to commit any offense listed in this tier;
6. Any conviction for violation of a similar law of another jurisdiction of any offense listed in this tier;
7. Any offense resulting in a conviction in another jurisdiction for which registration is required in the jurisdiction where the conviction was had, although registration would not be otherwise required in this state.
(ii) Notwithstanding any other provision of this chapter, an offender may petition the appropriate circuit court to be relieved of the duty to register upon fifteen (15) years' satisfaction of the requirements of this section for the convictions classified as Tier One offenses.
(c) Tier Two. (i) Tier Two requires registration for a minimum of twenty-five (25) years in this state and includes any of the following listed registrable sex offenses:
1. Section 97-5-33(3) through (9) relating to the exploitation of children;
2. Section 97-29-59 relating to unnatural intercourse;
3. Section 97-29-63, relating to filming another without permission where there is an expectation of privacy;
4. Section 97-3-104 relating to crime of sexual activity between law enforcement or correctional personnel and prisoners;
5. Section 43-47-18(2)(a) and (b) relating to gratification of lust or fondling by health care employees or persons in position of trust or authority;
6. Any conviction of conspiracy to commit, accessory to commission, or attempt to commit any offense listed in this tier;
7. Any conviction for violation of a similar law of another jurisdiction of any offense listed in this tier; or
8. Any conviction of a Tier One offense if it is the offender's second or subsequent conviction of a registrable sex offense;
(ii) Notwithstanding any other provision of this chapter, an offender may petition the appropriate circuit court to be relieved of the duty to register upon twenty-five (25) years' satisfaction of the requirements of this section for the convictions classified as Tier Two offenses.
(d) Tier Three. Tier Three requires lifetime registration, the registrant not being eligible to be relieved of the duty to register except as otherwise provided in this section, and includes any of the following listed registrable sex offenses:
(i) Section 97-3-65 relating to rape;
(ii) Section 97-3-71 relating to rape and assault with intent to ravish;
(iii) Section 97-3-95 relating to sexual battery;
(iv) Subsection (1) or (2) of Section 97-5-33 relating to the exploitation of children;
(v) Section 97-5-5 relating to enticing a child for concealment, prostitution or marriage;
(vi) Section 97-5-41 relating to the carnal knowledge of a stepchild, adopted child or child of a cohabiting partner;
(vii) Section 97-3-53 relating to kidnapping if the victim is under the age of eighteen (18);
(viii) Section * * * 97-47-3(1)(c)
relating to procuring sexual servitude of a minor;
(ix) Section * * * 97-47-7 relating
to aiding, abetting or conspiring to violate antihuman trafficking provisions;
(x) Section 97-5-23 relating to the touching of a child, mentally defective or incapacitated person or physically helpless person for lustful purposes;
(xi) Section 43-47-18 relating to sexual abuse of a vulnerable person by health care employees or persons in a position of trust or authority;
(xii) Section 97-5-39(1)(c) relating to contributing to the neglect or delinquency of a child, felonious abuse and/or battery of a child, if the victim was sexually abused;
(xiii) Capital murder when one (1) of the above-described offenses is the underlying crime;
(xiv) Any conviction for violation of a similar law of another jurisdiction or designation as a sexual predator in another jurisdiction;
(xv) Any conviction of conspiracy to commit, accessory to commission, or attempt to commit any offense listed in this tier; or
(xvi) Any conviction of a Tier Two offense if it is the offender's second or subsequent conviction of a registrable sex offense.
(e) An offender who has two (2) separate convictions for any of the registrable offenses described in Section 45-33-23 is subject to lifetime registration and shall not be eligible to petition to be relieved of the duty to register if at least one (1) of the convictions was entered on or after July 1, 1995.
(f) An offender, twenty-one (21) years of age or older, who is convicted of any sex offense where the victim was fourteen (14) years of age or younger shall be subject to lifetime registration and shall not be relieved of the duty to register.
(g) A first-time offender fourteen (14) years of age or older adjudicated delinquent in a youth court for a registrable offense of rape pursuant to Section 96-3-65 or a registrable offense of sexual battery pursuant to Section 97-3-95 is subject to lifetime registration, but shall be eligible to petition to be relieved of the duty to register after twenty-five (25) years of registration.
(h) Registration following arrest or arraignment for failure to register is not a defense and does not relieve the sex offender of criminal liability for failure to register.
(i) The department shall continue to list in the registry the name and registration information of all registrants who no longer work, reside or attend school in this state even after the registrant moves to another jurisdiction and registers in the new jurisdiction as required by law. The registry shall note that the registrant moved out of state.
(3) In determining whether to release an offender from the obligation to register, the court shall consider the nature of the registrable offense committed and the criminal and relevant noncriminal behavior of the petitioner both before and after conviction. The court may relieve the offender of the duty to register only if the petitioner shows, by clear and convincing evidence, that the registrant properly maintained his registration as required by law and that future registration of the petitioner will not serve the purposes of this chapter and the court is otherwise satisfied that the petitioner is not a current or potential threat to public safety. The district attorney in the circuit in which the petition is filed must be given notice of the petition at least three (3) weeks before the hearing on the matter. The district attorney may present evidence in opposition to the requested relief or may otherwise demonstrate the reasons why the petition should be denied. If the court denies the petition, the petitioner may not again petition the court for relief until one (1) year has elapsed unless the court orders otherwise in its order of denial of relief.
(4) The offender will be required to continue registration for any sex offense conviction unless the conviction is set aside in any post-conviction proceeding, the offender receives a pardon, the charge is dismissed or the offender has received a court order pursuant to this section relieving him of the duty to register. Upon submission of the appropriate documentation to the department of one (1) of these occurrences, registration duties will be discontinued.
(5) A person required to register as a sex offender who is convicted under Section 45-33-33 of providing false registration information or of failure to register, reregister, update registration, or comply with electronic monitoring shall be subject to electronic monitoring at the expense of the offender under the program provided in Section 45-33-45. Termination of the duty to register also terminates the duty to be monitored.
SECTION 34. Section 97-3-2, Mississippi Code of 1972, is amended as follows:
97-3-2. (1) The following shall be classified as crimes of violence:
(a) Driving under the influence as provided in Sections 63-11-30(5) and 63-11-30(12)(d);
(b) Murder and attempted murder as provided in Sections 97-1-7(2), 97-3-19, 97-3-23 and 97-3-25;
(c) Aggravated assault as provided in Sections 97-3-7(2)(a) and (b) and 97-3-7(4)(a);
(d) Manslaughter as provided in Sections 97-3-27, 97-3-29, 97-3-31, 97-3-33, 97-3-35, 97-3-39, 97-3-41, 97-3-43, 97-3-45 and 97-3-47;
(e) Killing of an unborn child as provided in Sections 97-3-37(2)(a) and 97-3-37(2)(b);
(f) Kidnapping as provided in Section 97-3-53;
(g) Human trafficking as provided in
Section * * * 97-47-3;
(h) Poisoning as provided in Section 97-3-61;
(i) Rape as provided in Sections 97-3-65 and 97-3-71;
(j) Robbery as provided in Sections 97-3-73 and 97-3-79;
(k) Sexual battery as provided in Section 97-3-95;
(l) Drive-by shooting or bombing as provided in Section 97-3-109;
(m) Carjacking as provided in Section 97-3-117;
(n) Felonious neglect, abuse or battery of a child as provided in Section 97-5-39;
(o) Burglary of a dwelling as provided in Sections 97-17-23 and 97-17-37;
(p) Use of explosives or weapons of mass destruction as provided in Section 97-37-25;
(q) Statutory rape as provided in Section 97-3-65(1), but this classification is rebuttable on hearing by a judge;
(r) Exploitation of a child as provided in Section 97-5-33;
(s) Gratification of lust as provided in Section 97-5-23; and
(t) Shooting into a dwelling as provided in Section 97-37-29.
(2) In any felony offense with a maximum sentence of no less than five (5) years, upon conviction, the judge may find and place in the sentencing order, on the record in open court, that the offense, while not listed in subsection (1) of this section, shall be classified as a crime of violence if the facts show that the defendant used physical force, or made a credible attempt or threat of physical force against another person as part of the criminal act. No person convicted of a crime of violence listed in this section is eligible for parole or for early release from the custody of the Department of Corrections until the person has served at least fifty percent (50%) of the sentence imposed by the court.
SECTION 35. Section 97-5-5, Mississippi Code of 1972, is amended as follows:
97-5-5. Every person who
shall maliciously, willfully, or fraudulently lead, take, carry away, decoy or
entice away, any child under the age of fourteen (14) years, with intent to
detain or conceal * * *
the child from its parents, guardian, or other person having lawful
charge of * * *
the child, or for the purpose of prostitution, concubinage, or marriage,
shall, on conviction, be imprisoned in the custody of the Department of
Corrections for not less than two (2) years nor more than ten (10) years,
or fined not more than Ten Thousand Dollars ($10,000.00), or both.
Investigation and prosecution of a defendant under this section does not
preclude prosecution of the defendant for a violation of other applicable
criminal laws, including, but not limited to, the Mississippi Human Trafficking
Act, Section * * *
97-47-1 et seq.
SECTION 36. Section 97-5-7, Mississippi Code of 1972, is amended as follows:
97-5-7. Any person who
shall persuade, entice or decoy away from its father or mother with whom it
resides any child under the age of eighteen (18) years, being unmarried, for
the purpose of employing * * *such the child without the consent of its parents, or
one of them, shall upon conviction be punished by a fine of not more than One
Thousand Dollars ($1,000.00) or imprisoned in the county jail not more than one
(1) year, or both. Investigation and prosecution of a defendant under this
section does not preclude prosecution of the defendant for a violation of other
applicable criminal laws, including, but not limited to, the Mississippi Human
Trafficking Act, Section * * *97‑3‑54 97-47-1 et seq.
SECTION 37. Section 97-5-27, Mississippi Code of 1972, is amended as follows:
97-5-27. (1) Any person who intentionally and knowingly disseminates sexually oriented material to any person under eighteen (18) years of age shall be guilty of a misdemeanor and, upon conviction, shall be fined for each offense not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00) or be imprisoned for not more than one (1) year in the county jail, or be punished by both such fine and imprisonment. A person disseminates sexually oriented material within the meaning of this section if he:
(a) Sells, delivers or provides, or offers or agrees to sell, deliver or provide, any sexually oriented writing, picture, record or other representation or embodiment that is sexually oriented; or
(b) Presents or directs a sexually oriented play, dance or other performance or participates directly in that portion thereof which makes it sexually oriented; or
(c) Exhibits, presents, rents, sells, delivers or provides, or offers or agrees to exhibit, present, rent or to provide any sexually oriented still or motion picture, film, filmstrip or projection slide, or sound recording, sound tape or sound track or any matter or material of whatever form which is a representation, embodiment, performance or publication that is sexually oriented.
(2) For purposes of this section, any material is sexually oriented if the material contains representations or descriptions, actual or simulated, of masturbation, sodomy, excretory functions, lewd exhibition of the genitals or female breasts, sadomasochistic abuse (for the purpose of sexual stimulation or gratification), homosexuality, lesbianism, bestiality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or the breast or breasts of a female for the purpose of sexual stimulation, gratification or perversion.
(3) (a) A person is guilty of computer luring when:
(i) Knowing the character and content of any communication of sexually oriented material, he intentionally uses any computer communication system allowing the input, output, examination or transfer of computer data or computer programs from one (1) computer to another, to initiate or engage in such communication with a person under the age of eighteen (18); and
(ii) By means of such communication he importunes, invites or induces a person under the age of eighteen (18) years to engage in sexual intercourse, deviant sexual intercourse or sexual contact with him, or to engage in a sexual performance, obscene sexual performance or sexual conduct for his benefit.
(b) A person who engages in the conduct proscribed by this subsection (3) is presumed to do so with knowledge of the character and content of the material.
(c) In any prosecution for computer luring, it shall be a defense that:
(i) The defendant made a reasonable effort to ascertain the true age of the minor and was unable to do so as a result of actions taken by the minor; or
(ii) The defendant has taken, in good faith, reasonable, effective and appropriate actions under the circumstances to restrict or prevent access by minors to the materials prohibited, which may involve any appropriate measures to restrict minors from access to such communications, including any method which is feasible under available technology; or
(iii) The
defendant has restricted access to * * * the materials by requiring use of a
verified credit card, debit account, adult access code or adult personal
identification number; or
(iv) The defendant
has in good faith established a mechanism such that the labeling, segregation
or other mechanism enables * * * the material to be automatically
blocked or screened by software or other capabilities reasonably available to
responsible adults wishing to effect * * * the blocking or screening and the
defendant has not otherwise solicited minors not subject to * * * the screening or blocking
capabilities to access that material or to circumvent any such screening or
blocking.
(d) In any prosecution for computer luring:
(i) No person shall be held to have violated this subsection (3) solely for providing access or connection to or from a facility, system, or network not under that person's control, including transmission, downloading, intermediate storage, access software or other related capabilities that are incidental to providing such access or connection that do not include the creation of the content of the communication.
(ii) No employer
shall be held liable for the actions of an employee or agent unless the
employee's or agent's conduct is within the scope of his employment or agency
or the employer, having knowledge of * * * the conduct, authorizes or ratifies * * * the conduct, or recklessly
disregards * * *
the conduct.
(iii) The
limitations provided by this paragraph (d) shall not be applicable to a person
who is a conspirator with an entity actively involved in the creation or
knowing distribution of communications that violate * * * the provisions, or who knowingly
advertises the availability of * * * the communications, nor to a person
who provides access or connection to a facility, system or network engaged in
the violation of * * *
the provisions that is owned or controlled by * * * the person.
(e) Computer luring is a felony, and any person convicted thereof shall be punished by commitment to the custody of the Department of Corrections for a term not to exceed three (3) years and by a fine not to exceed Ten Thousand Dollars ($10,000.00).
(4) Investigation and
prosecution of a defendant under this section does not preclude prosecution of
the defendant for a violation of other applicable criminal laws, including, but
not limited to, the Mississippi Human Trafficking Act, Section * * * 97-47-1 et seq.
SECTION 38. Section 97-5-51, Mississippi Code of 1972, is amended as follows:
97-5-51. (1) Definitions. For the purposes of this section:
(a) "Sex crime against a minor" means any offense under at least one (1) of the following statutes when committed by an adult against a minor who is under the age of sixteen (16):
(i) Section 97-3-65 relating to rape;
(ii) Section 97-3-71 relating to rape and assault with intent to ravish;
(iii) Section 97-3-95 relating to sexual battery;
(iv) Section 97-5-23 relating to the touching of a child, mentally defective or incapacitated person or physically helpless person for lustful purposes;
(v) Section 97-5-41 relating to the carnal knowledge of a stepchild, adopted child or child of a cohabiting partner;
(vi) Section 97-5-33 relating to exploitation of children;
(vii) Section * * * 97-47-3(1)(c)
relating to procuring sexual servitude of a minor;
(viii) Section 43-47-18 relating to sexual abuse of a vulnerable person;
(ix) Section 97-1-7 relating to the attempt to commit any of the offenses listed in this subsection.
(b) "Mandatory reporter" means any of the following individuals performing their occupational duties: health care practitioner, clergy member, teaching or child care provider, law enforcement officer, or commercial image processor.
(c) "Health care practitioner" means any individual who provides health care services, including a physician, surgeon, physical therapist, psychiatrist, psychologist, medical resident, medical intern, hospital staff member, licensed nurse, midwife and emergency medical technician or paramedic.
(d) "Clergy member" means any priest, rabbi or duly ordained deacon or minister.
(e) "Teaching or child care provider" means anyone who provides training or supervision of a minor under the age of sixteen (16), including a teacher, teacher's aide, principal or staff member of a public or private school, social worker, probation officer, foster home parent, group home or other child care institutional staff member, personnel of residential home facilities, a licensed or unlicensed day care provider.
(f) "Commercial image processor" means any person who, for compensation: (i) develops exposed photographic film into negatives, slides or prints; (ii) makes prints from negatives or slides; or (iii) processes or stores digital media or images from any digital process, including, but not limited to, website applications, photography, live streaming of video, posting, creation of power points or any other means of intellectual property communication or media including conversion or manipulation of still shots or video into a digital show stored on a photography site or a media storage site.
(g) "Caretaker" means any person legally obligated to provide or secure adequate care for a minor under the age of sixteen (16), including a parent, guardian, tutor, legal custodian or foster home parent.
(2) (a) Mandatory reporter requirement. A mandatory reporter shall make a report if it would be reasonable for the mandatory reporter to suspect that a sex crime against a minor has occurred.
(b) Failure to file a mandatory report shall be punished as provided in this section.
(c) Reports made under this section and the identity of the mandatory reporter are confidential except when the court determines the testimony of the person reporting to be material to a judicial proceeding or when the identity of the reporter is released to law enforcement agencies and the appropriate prosecutor. The identity of the reporting party shall not be disclosed to anyone other than law enforcement or prosecutors except under court order; violation of this requirement is a misdemeanor. Reports made under this section are for the purpose of criminal investigation and prosecution only and information from these reports is not a public record. Disclosure of any information by the prosecutor shall conform to the Mississippi Uniform Rules of Circuit and County Court Procedure.
(d) Any mandatory reporter who makes a required report under this section or participates in a judicial proceeding resulting from a mandatory report shall be presumed to be acting in good faith. Any person or institution reporting in good faith shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed.
(3) (a) Mandatory reporting procedure. A report required under subsection (2) must be made immediately to the law enforcement agency in whose jurisdiction the reporter believes the sex crime against the minor occurred. Except as otherwise provided in this subsection (3), a mandatory reporter may not delegate to any other person the responsibility to report, but shall make the report personally.
(i) The reporting requirement under this subsection (3) is satisfied if a mandatory reporter in good faith reports a suspected sex crime against a minor to the Department of Human Services under Section 43-21-353.
(ii) The reporting requirement under this subsection (3) is satisfied if a mandatory reporter reports a suspected sex crime against a minor by following a reporting procedure that is imposed:
1. By state agency rule as part of licensure of any person or entity holding a state license to provide services that include the treatment or education of abused or neglected children; or
2. By statute.
(b) Contents of the report. The report shall identify, to the extent known to the reporter, the following:
(i) The name and address of the minor victim;
(ii) The name and address of the minor's caretaker;
(iii) Any other pertinent information known to the reporter.
(4) A law enforcement officer who receives a mandated report under this section shall file an affidavit against the offender on behalf of the State of Mississippi if there is probable cause to believe that the offender has committed a sex crime against a minor.
(5) Collection of forensic samples. (a) (i) When an abortion is performed on a minor who is less than fourteen (14) years of age at the time of the abortion procedure, fetal tissue extracted during the abortion shall be collected in accordance with rules and regulations adopted pursuant to this section if it would be reasonable to suspect that the pregnancy being terminated is the result of a sex crime against a minor.
(ii) When a minor who is under sixteen (16) years of age gives birth to an infant, umbilical cord blood shall be collected, if possible, in accordance with rules and regulations adopted pursuant to this section if it would be reasonable to suspect that the minor's pregnancy resulted from a sex crime against a minor.
(iii) It shall be reasonable to suspect that a sex crime against a minor has occurred if the mother of an infant was less than sixteen (16) years of age at the time of conception and at least one (1) of the following conditions also applies:
1. The mother of the infant will not identify the father of the infant;
2. The mother of the infant lists the father of the infant as unknown;
3. The person the mother identifies as the father of the infant disputes his fatherhood;
4. The person the mother identifies as the father of the infant is twenty-one (21) years of age or older; or
5. The person the mother identifies as the father is deceased.
(b) The State Medical Examiner shall adopt rules and regulations consistent with Section 99-49-1 that prescribe:
(i) The amount and type of fetal tissue or umbilical cord blood to be collected pursuant to this section;
(ii) Procedures for the proper preservation of the tissue or blood for the purpose of DNA testing and examination;
(iii) Procedures
for documenting the chain of custody of * * * the tissue or blood for use as
evidence;
(iv) Procedures for proper disposal of fetal tissue or umbilical cord blood collected pursuant to this section;
(v) A uniform reporting instrument mandated to be utilized, which shall include the complete residence address and name of the parent or legal guardian of the minor who is the subject of the report required under this subsection (5); and
(vi) Procedures for communication with law enforcement agencies regarding evidence and information obtained pursuant to this section.
(6) Penalties. (a) A person who is convicted of a first offense under this section shall be guilty of a misdemeanor and fined not more than Five Hundred Dollars ($500.00).
(b) A person who is convicted of a second offense under this section shall be guilty of a misdemeanor and fined not more than One Thousand Dollars ($1,000.00), or imprisoned for not more than thirty (30) days, or both.
(c) A person who is convicted of a third or subsequent offense under this section shall be guilty of a misdemeanor and fined not more than Five Thousand Dollars ($5,000.00), or imprisoned for not more than one (1) year, or both.
(7) A health care practitioner or health care facility shall be immune from any penalty, civil or criminal, for good-faith compliance with any rules and regulations adopted pursuant to this section.
SECTION 39. Section 97-29-49, Mississippi Code of 1972, is amended as follows:
97-29-49. (1) A person commits the misdemeanor of prostitution if the person knowingly or intentionally performs, or offers or agrees to perform, sexual intercourse or sexual conduct for money or other property. "Sexual conduct" includes cunnilingus, fellatio, masturbation of another, anal intercourse or the causing of penetration to any extent and with any object or body part of the genital or anal opening of another.
(2) Any person violating the provisions of this section shall, upon conviction, be punished by a fine not exceeding Two Hundred Dollars ($200.00) or by confinement in the county jail for not more than six (6) months, or both.
(3) In addition to the mandatory reporting provisions contained in Section 97-5-51, any law enforcement officer who takes a minor under eighteen (18) years of age into custody for suspected prostitution shall immediately make a report to the Department of Human Services as required in Section 43-21-353 for suspected child sexual abuse or neglect, and the department shall commence an initial investigation into suspected child sexual abuse or neglect as required in Section 43-21-353.
(4) If it is determined
that a person suspected of or charged with engaging in prostitution is engaging
in those acts as a direct result of being a trafficked person, as defined by
Section * * *
97-47-9, that person shall be immune from prosecution for prostitution
as a juvenile or adult and, if a minor, the provisions of Section * * * 97-47-3(4)
shall be applicable.
SECTION 40. Section 97-29-51, Mississippi Code of 1972, is amended as follows:
97-29-51. (1) (a) A person commits the misdemeanor of procuring the services of a prostitute if the person knowingly or intentionally pays, or offers or agrees to pay, money or other property to another person for having engaged in, or on the understanding that the other person will engage in, sexual intercourse or sexual conduct with the person or with any other person. "Sexual conduct" includes cunnilingus, fellatio, masturbation of another, anal intercourse or the causing of penetration to any extent and with any object or body part of the genital or anal opening of another.
(b) Upon conviction under this subsection, a person shall be punished by a fine not exceeding Two Hundred Dollars ($200.00) or by confinement in the county jail for not more than six (6) months, or both. A second or subsequent violation of this section shall be a felony, punishable by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the custody of the Department of Corrections for not more than two (2) years, or both.
(c) However, in all cases, if the person whose services are procured in violation of this subsection (1) is a minor under eighteen (18) years of age, the person convicted shall be guilty of a felony and shall, upon conviction, be punished by imprisonment for not less than five (5) years, nor more than thirty (30) years, or by a fine of not less than Fifty Thousand Dollars ($50,000.00) nor more than Five Hundred Thousand Dollars ($500,000.00), or both.
(d) Consent of a minor is not a defense to prosecution under this subsection (1).
(2) (a) A person commits the felony of promoting prostitution if the person:
(i) Knowingly or intentionally entices, compels, causes, induces, persuades, or encourages by promise, threat, violence, or by scheme or device, another person to become a prostitute;
(ii) Knowingly or intentionally solicits or offers or agrees to solicit, or receives or gives, or agrees to receive or give any money or thing of value for soliciting, or attempting to solicit, another person for the purpose of prostitution;
(iii) Knowingly induces, persuades, or encourages a person to come into or leave this state for the purpose of prostitution;
(iv) Having control over the use of a place or vehicle, knowingly or intentionally permits another person to use the place or vehicle for prostitution;
(v) Accepts, receives, levies or appropriates money or other property of value from a prostitute, without lawful consideration, with knowledge or reasonable cause to know it was earned, in whole or in part, from prostitution; or
(vi) Conducts,
directs, takes, or transports, or offers or agrees to take or transport, or
aids or assists in transporting, any person to any vehicle, conveyance, place,
structure, or building, or to any other person with knowledge or reasonable
cause to know that the purpose of * * * the directing, taking or
transporting is prostitution.
(b) Upon conviction, a person shall be punished by a fine not exceeding Five Thousand Dollars ($5,000.00) or by imprisonment in the custody of the Department of Corrections for not more than ten (10) years, or both. A second or subsequent violation shall be punished by a fine not exceeding Twenty Thousand Dollars ($20,000.00) or by imprisonment in the custody of the Department of Corrections for up to twenty (20) years, or both.
(c) However, in all cases, if the person whose services are promoted in violation of this subsection (2) is a minor under eighteen (18) years of age, the person convicted shall be guilty of a felony and shall, upon conviction, be punished by imprisonment for not less than five (5) years, nor more than thirty (30) years, or by a fine of not less than Fifty Thousand Dollars ($50,000.00) nor more than Five Hundred Thousand Dollars ($500,000.00), or both. There is no requirement that the defendant have actual knowledge of the age of the person and consent of a minor is not a defense to prosecution under this section.
(3) If it is determined
that a person suspected of or charged with promoting prostitution is a
trafficked person, as defined by Section * * * 97-47-9, that fact
shall be considered a mitigating factor in any prosecution of that person for
prostitution, and the person shall be referred to appropriate resources for
assistance. If it is determined that a person suspected of or charged with
promoting prostitution is a minor under eighteen (18) years of age who meets
the definition of a trafficked person as defined in Section * * * 97-47-9, the minor
is immune from prosecution for promoting prostitution as a juvenile or adult
and provisions of Section * * *97‑3‑54.1(4) 97-47-3(4) shall be
applicable.
(4) Any partnership, association, corporation or other entity violating any provision of subsection (2) against the promotion of prostitution shall, upon conviction, be punished by a fine not exceeding Fifty Thousand Dollars ($50,000.00). If the person whose services are promoted is under eighteen (18) years of age, the partnership, association, corporation or other legal entity convicted shall be punished by a fine not exceeding One Million Dollars ($1,000,000.00). There is no requirement that the defendant have knowledge of the age of the person. Consent of a minor is not a defense to prosecution under this section.
(5) Investigation and
prosecution of a person, partnership, association, corporation or other entity
under this section shall not preclude investigation or prosecution against that
person, partnership, association, corporation or other entity for a violation
of other applicable criminal laws, including, but not limited to, the
Mississippi Human Trafficking Act, Section * * * 97-47-1 et seq.
SECTION 41. Section 97-43-3, Mississippi Code of 1972, is amended as follows:
97-43-3. The following terms shall have the meanings ascribed to them herein unless the context requires otherwise:
(a) "Racketeering activity" means to commit, to attempt to commit, to conspire to commit, or to solicit, coerce or intimidate another person to commit any crime which is chargeable under the following provisions of the Mississippi Code of 1972:
(1) Section 97-19-71, which relates to fraud in connection with any state or federally funded assistance programs.
(2) Section 75-71-735, which relates to violations of the Mississippi Securities Act.
(3) Sections 45-13-105, 45-13-109, 97-37-23 and 97-37-25, which relate to unlawful possession, use and transportation of explosives.
(4) Sections 97-3-19 and 97-3-21, which relate to murder.
(5) Section 97-3-7(2), which relates to aggravated assaults.
(6) Section 97-3-53, which relates to kidnapping.
(7) Sections 97-3-73 through 97-3-83, which relate to robbery.
(8) Sections 97-17-19 through 97-17-37, which relate to burglary.
(9) Sections 97-17-1 through 97-17-13, which relate to arson.
(10) Sections 97-29-49 and 97-29-51, which relate to prostitution.
(11) Sections 97-5-5 and 97-5-31 through 97-5-37, which relate to the exploitation of children and enticing children for concealment, prostitution or marriage.
(12) Section 41-29-139,
which relates to violations of the Uniform Controlled Substances Law; provided,
however, that in order to be classified as "racketeering activity," * * * the offense must be punishable by
imprisonment for more than one (1) year.
(13) Sections 97-21-1 through 97-21-63, which relate to forgery and counterfeiting.
(14) Sections 97-9-1 through 97-9-77, which relate to offenses affecting administration of justice.
(15) Sections 97-33-1 through 97-33-49, which relate to gambling and lotteries.
(16) Section * * * 97-47-1 et seq.,
which relate to human trafficking.
(b) "Unlawful debt" means money or any other thing of value constituting principal or interest of a debt which is legally unenforceable, in whole or in part, because the debt was incurred or contracted in gambling activity in violation of state law or in the business of lending money at a rate usurious under state law, where the usurious rate is at least twice the enforceable rate.
(c) "Enterprise" means any individual, sole proprietorship, partnership, corporation, union or other legal entity, or any association or group of individuals associated in fact although not a legal entity. It includes illicit as well as licit enterprises and governmental, as well as other, entities.
(d) "Pattern of
racketeering activity" means engaging in at least two (2) incidents of
racketeering conduct that have the same or similar intents, results,
accomplices, victims, or methods of commission or otherwise are interrelated by
distinguishing characteristics and are not isolated incidents, provided at
least one (1) of * * *
the incidents occurred after the effective date of this chapter and that
the last of * * *
the incidents occurred within five (5) years after a prior incident of
racketeering conduct.
SECTION 42. Section 99-1-5, Mississippi Code of 1972, is amended as follows:
99-1-5. The passage of time
shall never bar prosecution against any person for the offenses of murder,
manslaughter, aggravated assault, aggravated domestic violence, kidnapping,
arson, burglary, forgery, counterfeiting, robbery, larceny, rape, embezzlement,
obtaining money or property under false pretenses or by fraud, felonious abuse
or battery of a child as described in Section 97-5-39, touching or handling a
child for lustful purposes as described in Section 97-5-23, sexual battery of a
child as described in Section 97-3-95(1)(c), (d) or (2), exploitation of
children as described in Section 97-5-33, promoting prostitution under Section
97-29-51(2) when the person involved is a minor, or any human trafficking
offense as described in Section * * * 97-47-3 (1)(a),
(1)(b) or (1)(c), Section * * *97‑3‑54.2 97-47-5 or Section * * * 97-47-7. A person
shall not be prosecuted for conspiracy, as described in Section 97-1-1, for
felonious assistance-program fraud, as described in Section 97-19-71, or for
felonious abuse of vulnerable persons, as described in Sections 43-47-18 and 43-47-19,
unless the prosecution for the offense is commenced within five (5) years next after
the commission thereof. A person shall not be prosecuted for larceny of timber
as described in Section 97-17-59, unless the prosecution for the offense is
commenced within six (6) years next after the commission thereof. A person
shall not be prosecuted for any other offense not listed in this section unless
the prosecution for the offense is commenced within two (2) years next after
the commission thereof. Nothing contained in this section shall bar any
prosecution against any person who shall abscond or flee from justice, or shall
absent himself from this state or out of the jurisdiction of the court, or so
conduct himself that he cannot be found by the officers of the law, or that
process cannot be served upon him.
SECTION 43. Sections 97-47-1 through 97-47-19 shall be designated as Article 1 of Chapter 47, Title 97, Mississippi Code of 1972, and Sections 97-47-101 et seq. shall be designated as Article 3 of Chapter 47, Title 97, Mississippi Code of 1972.
SECTION 44. Sections 97-3-54, 97-3-54.1, 97-3-54.2, 97-3-54.3, 97-3-54.4, 97-3-54.5, 97-3-54.6, 97-3-54.7, 97-3-54.8 and 97-3-54.9, Mississippi Code of 1972, which constitute the Mississippi Human Trafficking Act and are recodified in Sections 22 through 31 of this act, are repealed.
SECTION 45. This act shall take effect and be in force from and after July 1, 2017.