Bill Text: MS HB1284 | 2016 | Regular Session | Engrossed


Bill Title: Trooper school; require sex offenders who are required to register to pay registration fees to fund.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-03-22 - Died In Committee [HB1284 Detail]

Download: Mississippi-2016-HB1284-Engrossed.html

MISSISSIPPI LEGISLATURE

2016 Regular Session

To: Judiciary B

By: Representative Monsour

House Bill 1284

(As Passed the House)

AN ACT TO REQUIRE SEX OFFENDER REGISTRATION FEES; TO AMEND SECTION 45-33-27, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 45-33-31, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE COLLECTION OF THE FEES; TO CREATE THE TROOP X TROOPER SCHOOL FUND; TO PROVIDE FOR THE DISTRIBUTION OF THE FEES; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 45-33-27, Mississippi Code of 1972, is amended as follows:

     45-33-27.  (1)  A person required to register on the basis of a conviction, adjudication of delinquency or acquittal by reason of insanity entered shall register with the responsible agency within three (3) business days of the date of judgment unless the person is immediately confined or committed, in which case the person shall register before release in accordance with the procedures established by the department.  The responsible agency shall immediately forward the registration information to the Department of Public Safety.  The person is also required to personally appear at a Department of Public Safety Driver's License Station within three (3) days of registration with the responsible agency and to obtain a sex offender registration card.

     (2)  If a person who is required to register under this section is released from prison or placed on parole or supervised release or in a restitution center or community work center, the Department of Corrections shall perform the registration duties before placement in a center or before release and immediately forward the registration information to the Department of Public Safety.  The person is also required to personally appear at a Department of Public Safety Driver's License Station within three (3) days of release or placement in a restitution center or community work center.

     (3)  If a person required to register under this section is placed on probation, the court, at the time of entering the order, shall register the person and immediately forward the registration information to the Department of Public Safety.  The person is also required to personally appear at a Department of Public Safety Driver's License Station within three (3) days of the entry of the order.

     (4)  Any person required to register who is neither incarcerated, detained nor committed at the time the requirement to register attaches shall present himself to the county sheriff to register within three (3) business days, and shall personally appear at a Department of Public Safety Driver's License Station within three (3) days of the time the requirement to register attaches.

     (5)  An offender moving to or returning to this state from another jurisdiction shall notify the Department of Public Safety ten (10) days before the person first resides in or returns to this state and shall present himself to the sheriff of the county of his residence within three (3) business days after first residing in or returning to a county of this state to provide the required registration information.  The person is also required to register by personally appearing at a Department of Public Safety Driver's License Station within three (3) days after first residing in or moving to a county of this state.  If the offender fails to appear for registration as required in this state, the department shall notify the other jurisdiction of the failure to register.

     (6)  A person, other than a person confined in a correctional or juvenile detention facility or involuntarily committed on the basis of mental illness, who is required to register on the basis of a sex offense for which a conviction, adjudication of delinquency or acquittal by reason of insanity was entered shall register with the sheriff of the county in which he resides * * *no later than August 15, 2000, or within three (3) business days of first residing in or returning to a county of this state.

     (7)  Every person required to register shall show proof of domicile.  The commissioner shall promulgate any rules and regulations necessary to enforce this requirement and shall prescribe the means by which such person may show domicile.

     (8)  Any driver's license photograph, I.D. photograph, sex offender photograph, fingerprint, driver's license application and/or anything submitted to the Department of Public Safety by a known convicted sex offender, registered or not registered, can be used by the Department of Public Safety or any other authorized law enforcement agency for any means necessary in registration, identification, investigation regarding their tracking or identification.

     (9)  The department will assist local law enforcement agencies in the effort to conduct address and other verifications of registered sex offenders and will assist in the location and apprehension of noncompliant sex offenders.

     (10)  Registrants must pay the registration fees set forth in Section 45-33-31.

     SECTION 2.  Section 45-33-31, Mississippi Code of 1972, is amended as follows:

     45-33-31.  (1)  (a)  Registrants who are in compliance with a program of electronic monitoring under this chapter are required to reregister annually.

          (b)  All other registrants are required to personally appear at a Department of Public Safety Driver's License Station to reregister every ninety (90) days.

     (2)  Reregistration includes the submission of current information and photograph to the department and the verification of registration information, including the street address and telephone number of the registrant; name, street address and telephone number of the registrant's employment or status at a school, along with any other registration information that may need to be verified and the payment of any required fees.

     (3)  A person who fails to reregister and obtain a renewal sex offender registration card as required by this section commits a violation of this chapter.  The Department of Public Safety will immediately notify any sheriff or other jurisdiction of any changes in information including residence address, employment and status at a school if that jurisdiction, county or municipality is affected by the change.

     (4)  (a)  Registrants who are required to register and reregister on an annual basis must pay an annual registration fee of One Hundred Sixty Dollars ($160.00).

          (b)  Registrants who are required to register and reregister on an quarterly basis must pay a registration fee of Forty Dollars ($40.00) per quarter.

          (c)  The collection of fees under this subsection (4) are subject to all the provisions of Section 45-1-23.

          (d)  Of the fees collected under this subsection, Four Dollars ($4.00) of the quarterly fee and Sixteen Dollars ($16.00) of the annual fee shall be retained by the Department of Public Safety to defray the cost of maintaining the sex offender registry.  The balance of Thirty-six Dollars ($36.00) of the quarterly fee or One Hundred Forty-four Dollars ($144.00) of the annual fee shall be deposited in the Troop X Trooper School Fund.

     SECTION 3.  There is created in the State Treasury a special fund to be known as the Troop X Trooper School Fund.  The purpose of the fund shall be to provide funding for the Commissioner of Public Safety and the Colonel of the Highway Patrol to conduct trooper schools.  Monies from the funds shall be distributed by the State Treasurer upon warrants issued by the Commissioner of Public Safety.  The fund shall be a continuing fund, not subject to fiscal-year limitations, and shall consist of:

              (i)  Monies appropriated by the Legislature for the purposes of trooper training;

              (ii)  The interest accruing to the fund;

              (iii)  Monies received under the provisions of Section 45-33-31;

              (iv)  Monies received from the federal government;

              (v)  Donations; and

              (vi)  Monies received from such other sources as may be provided by law.

     SECTION 4.  This act shall take effect and be in force from and after July 1, 2016.


feedback