MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Public Health and Human Services; Judiciary B
By: Representative Blackmon
AN ACT TO AUTHORIZE CIRCUIT AND COUNTY COURTS TO UTILIZE THE MENTAL HEALTH RECORDS OF A DEFENDANT FOR BOND AND SENTENCING HEARINGS; TO DEFINE THE TERM "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 (HIPAA), a circuit or county court judge may obtain and utilize the mental health records of a defendant during a bond or sentencing hearing. As used in this section, the term "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, 2019.