MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Judiciary, Division A
By: Senator(s) Blackmon
AN ACT TO PROVIDE THAT ANY CIRCUIT OR COUNTY COURT MAY UTILIZE THE MENTAL HEALTH RECORDS OF A DEFENDANT FOR A SENTENCING HEARING; TO PROVIDE A DEFINITION FOR MENTAL HEALTH RECORDS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Notwithstanding any provision of the federal Health Insurance Portability and Accountability Act (HIPPA), any circuit or county court judge is authorized to obtain and utilize the mental health records of a defendant for use during a sentencing hearing. As used in this section, "mental health records" means any mental health histories, reports, summaries, diagnoses and prognoses, treatment and medication information, notes and entries from any mental health services provider.
SECTION 2. This act shall take effect and be in force from and after July 1, 2017.