MISSISSIPPI LEGISLATURE

2019 Regular Session

To: Judiciary A

By: Representative Banks

House Bill 490

AN ACT TO REQUIRE CHANCERY COURTS TO ORDER CERTAIN PERSONS WITH SEXUAL OFFENDER PROPENSITIES TO BE HELD PENDING EVALUATION; AND FOR RELATED PURPOSES.

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

     SECTION 1.  If the chancery court finds, through evidence and testimony, during any proceeding before the court that a person has a propensity to commit an act that would be considered a sex offense, as defined in Section 45-33-23, then the court shall order the person to be evaluated by a licensed physician of a mental health facility.  If the physician determines that the person has such propensity, then the person must be committed to a mental health facility and remain in the facility until two (2) licensed physicians determine through physical and mental examination that the person no longer has a propensity to commit an act that would be considered a sex offense, as defined in Section 45-33-23.  For purposes of this section, the term "mental health facility" means a facility administered by the State Department of Mental Health.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2019.