Senate Bill 2886

AN ACT TO ENACT THE MISSISSIPPI DOMESTIC VIOLENCE FATALITY REVIEW TEAM LAW; TO ESTABLISH A STATEWIDE DOMESTIC VIOLENCE FATALITY REVIEW TEAM WITHIN THE DEPARTMENT OF PUBLIC SAFETY; TO AUTHORIZE THE ESTABLISHMENT OF DOMESTIC VIOLENCE FATALITY REVIEW TEAMS WITHIN THE CIRCUIT COURT DISTRICTS OF THE STATE; TO PROVIDE GUIDELINES FOR THE MEMBERSHIP OF THE TEAMS; TO PROVIDE THAT A TEAM SHALL REVIEW FATAL AND NEAR-FATAL INCIDENTS OF DOMESTIC VIOLENCE, RELATED DOMESTIC VIOLENCE MATTERS, AND SUICIDES WITHIN ITS JURISDICTION; TO PROVIDE THAT THE PURPOSE OF A TEAM UNDER THIS SECTION SHALL BE TO LEARNING HOW TO PREVENT DOMESTIC VIOLENCE THROUGH EARLY INTERVENTION AND IMPROVING THE QUALITY OF THE RESPONSE BY INDIVIDUALS AND INSTITUTIONS TO DOMESTIC VIOLENCE; TO PROVIDE LIMITED CIVIL IMMUNITY FOR TEAM MEMBERS AND CERTAIN OTHER PERSONS; TO PROVIDE PROCEDURES FOR INFORMATION, TESTIMONY, RECORDS, REPORTS, RECOMMENDATIONS, OR OTHER EVIDENCE OBTAINED, GENERATED, OR TRANSMITTED BY A TEAM; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) This section shall be known and may be cited as the "Mississippi Domestic Violence Fatality Review Team Law."

(2) As used in this section, the following terms have the meanings ascribed herein:

(a) "Circuit team" includes the domestic violence fatality review team established within a circuit court district or districts by judicial order authorized in subsection (4) of this section.

(b) "Commissioner" means the Commissioner of Public Safety.

(d) "Team" includes the statewide team and any circuit teams.

(e) "Statewide team" means the statewide domestic violence fatality review team established in subsection (3)(a) of this section.

(3) (a) A statewide domestic violence fatality review team is established within the department for administrative purposes.

(b) The statewide team shall be no less than five members, including the commissioner. The commissioner shall:

(i) Designate four (4) other initial members of the statewide team who may appoint designees; and

(ii) Chair the initial meeting of the statewide team.

(i) Appoint additional members, if any, to the statewide team;

(ii) Elect a chair who may be an additional member who has accepted appointment to the team.

(d) The statewide team shall have an odd number of members.

(4) Additional teams may be established within the circuit court districts of this state. One or more circuit court districts may establish a joint team. The circuit teams shall be established by order of the senior circuit court judge of the district or, in the case of one or more districts creating a joint team, a joint order of the senior circuit court judges of the districts. The order establishing a circuit team shall designate the members of the team and a chair for the team.

(5) (a) The membership of a team shall be inclusive and reflect the racial, geographic, urban, rural, and economic diversity of the state or circuit court district or districts.

(b) Any member of a team may appoint designees to the team in writing to the chair. A designee who fails to provide written notification to the chair of the team shall not be afforded the civil immunity under subsection (7) of this section.

(c) The Governor, Lieutenant Governor, Speaker of the House, and the Attorney General may recommend persons to the commissioner to be appointed as initial members of the statewide team.

(d) Circuit teams should function in conjunction with local law enforcement agencies, any local or statewide domestic violence center, and local judicial officers including the court, prosecutor, and public defender.

(6) (a) A team shall review fatal and near-fatal incidents of domestic violence, related domestic violence matters, and suicides within its jurisdiction. The review may include an examination of events leading up to the domestic violence incident, available community resources, current laws and policies, and actions taken by organizations, agencies, and individuals incident to the events and the parties. Any information or action deemed relevant by the review team, including an assessment of public records and records for which public records exemptions are granted may also be included within the purview of the review.

(b) The purpose of a team under this section shall be to learn how to prevent domestic violence through early intervention and improving the quality of the response by individuals and institutions to domestic violence. The specific structure and operating procedures employed by a review team shall be determined by the team. The team may determine the number and type of incidents it wishes to review and shall make policy and other recommendations on how the community and state may more effectively respond to the needs of domestic violence victims.

(7) Any member of a team or any person acting as a witness to or investigator for a team, in addition to any immunity provided otherwise in state law, is not liable to any person for damages as a result of any action taken within the scope of the functions of that team if such action was taken without malice, wantonness, or in a reasonable belief that such action or recommendation is warranted by the facts made known to him or her.

(8) Information, testimony, records, reports, recommendations, or other evidence obtained, generated, or transmitted by a team shall not be subject to discovery, subpoena, or introduction into evidence in any civil action, or in any administrative or disciplinary proceeding by any department or employing agency if the information or records arose out of matters that are the subject of evaluation and review by the review team. However, information, documents, and records otherwise independently discovered and available from other sources shall not be exempt from discovery, subpoena, or introduction into evidence solely because the information, documents, or records were presented to or reviewed by a team.

(9) A person who attends or participates in a meeting of a team may not testify in any civil or criminal action or administrative or disciplinary proceedings concerning any records or information produced or presented to the review team or the proceedings or deliberations of the review team authorized by this section. This subsection does not preclude or exempt any person who testifies before a review team or who is a member of a review team from testifying to matters otherwise within his or her knowledge.

(10) Any information or records otherwise confidential or privileged or exempt from disclosure under Mississippi law which are obtained by or provided to a team conducting activities as described pursuant to this section shall remain confidential or privileged or exempt from disclosure as otherwise provided by law. Any portion of a report produced by the team that contains information that is otherwise confidential or privileged in accordance with Mississippi law shall remain confidential or privileged as otherwise provided by law.

(11) A team may consider including in its membership or consulting with, in effectuating the purposes of this section, the following persons or entities:

(i) Law enforcement agencies;

(ii) The department, the Attorney General, and the President of the Mississippi District Attorney's Association, or a district attorney;

(iii) The Mississippi Forensics Laboratory;

(iv) Certified domestic violence centers;

(v) Child protection service providers;

(vi) The Administrative Office of Courts;

(vii) The justice, municipal, chancery and circuit clerks of the court;

(viii) Victim service programs;

(ix) Providers of civil legal assistance to victims;

(x) Child death review teams;

(xi) Members of the business community;

(xii) County probation or corrections agencies;

(xiii) Any other persons who have knowledge regarding domestic violence fatalities, nonlethal incidents of domestic violence, or suicide, including research, policy, law, and other matters connected with fatal incidents;

(xiv) The humane societies or shelters;

(xv) Certified perpetrator intervention programs;

(xvi) The Mississippi Coalition Against Domestic Violence;

(xvii) The State Medical Examiner, coroner, or county medical examiner;

(xviii) The Mississippi Department of Human Services;

(xix) The Mississippi Department of Child Protection Services; and

(xx) Other representatives as determined by the review team.

SECTION 2. This act shall take effect and be in force from and after July 1, 2025.