Bill Text: MS HB259 | 2017 | Regular Session | Introduced
Bill Title: Crimes against children; clarify duty of school employees to make certain reports.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2017-01-31 - Died In Committee [HB259 Detail]
Download: Mississippi-2017-HB259-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Education; Judiciary B
By: Representative Bain
House Bill 259
AN ACT TO AMEND SECTION 37-11-29, MISSISSIPPI CODE OF 1972, TO CLARIFY THE DUTY OF SCHOOL EMPLOYEES TO REPORT CERTAIN CRIMES AGAINST CHILDREN TO LAW ENFORCEMENT AGENCIES AND THE MISSISSIPPI DEPARTMENT OF HUMAN SERVICES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-11-29, Mississippi Code of 1972, is amended as follows:
37-11-29. (1) In addition to the reporting requirements established under Sections 43-21-353 and 97-5-51, any principal, teacher or other school employee who has knowledge of any unlawful activity which occurred on educational property or during a school related activity or which may have occurred shall report such activity to the superintendent of the school district, or his designee, who shall notify the appropriate law enforcement officials as required by this section. In the event of an emergency or if the superintendent, or his designee, is unavailable, any principal may make a report required under this subsection.
(2) Whenever any person who * * * is an enrolled student in any
school or educational institution in this state supported in whole or in part
by public funds, or who * * *shall be is an enrolled student in any private school
or educational institution, is arrested for, and lawfully charged with, the
commission of any crime and convicted upon the charge for which he was
arrested, or convicted of any crime charged against him after his arrest and
before trial, the office or law enforcement department of which the arresting
officer is a member, and the justice court judge and any circuit judge or court
before whom such student is tried upon * * * the charge or charges, shall make
or cause to be made a report thereof to the superintendent or the president or
chancellor, as the case may be, of the school district or other educational
institution in which such student is enrolled.
If the charge upon which
such student was arrested, or any other charges preferred against him are
dismissed or nol prossed, or if upon trial he is either convicted or acquitted
of such charge or charges, same shall be reported to * * * the respective superintendent or
president, or chancellor, as the case may be. A copy of * * * the report shall be sent to the
Secretary of the Board of Trustees of State Institutions of Higher Learning of
the State of Mississippi, at Jackson, Mississippi.
* * * The report shall be made within one
(1) week after the arrest of such student and within one (1) week after any
charge placed against him is dismissed or nol prossed, and within one (1) week
after he shall have pled guilty, been convicted, or have been acquitted by
trial upon any charge placed against him. This section shall not apply to
ordinary traffic violations involving a penalty of less than Fifty Dollars
($50.00) and costs.
The State Superintendent of Public Education shall gather annually all of the reports provided under this section and prepare a report on the number of students arrested as a result of any unlawful activity which occurred on educational property or during a school related activity. All data must be disaggregated by race, ethnicity, gender, school, offense and law enforcement agency involved. However, the report prepared by the State Superintendent of Public Education shall not include the identity of any student who was arrested.
On or before January 1 of each year, the State Superintendent of Public Education shall report to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives and the Joint PEER Committee on this section. The report must include data regarding arrests as a result of any unlawful activity which occurred on educational property or during a school related activity.
(3) When the superintendent or his designee has a reasonable belief that an act has occurred on educational property or during a school related activity involving any of the offenses set forth in subsection (6) of this section, the superintendent or his designee shall immediately report the act to the appropriate local law enforcement agency. For purposes of this subsection, "school property" shall include any public school building, bus, public school campus, grounds, recreational area or athletic field in the charge of the superintendent. The State Board of Education shall prescribe a form for making reports required under this subsection. Any superintendent or his designee who fails to make a report required by this section shall be subject to the penalties provided in Section 37-11-35.
(4) The law enforcement authority shall immediately dispatch an officer to the educational institution and with probable cause the officer is authorized to make an arrest if necessary as provided in Section 99-3-7.
(5) Any superintendent, principal, teacher or other school personnel participating in the making of a required report pursuant to this section or participating in any judicial proceeding resulting therefrom shall be presumed to be acting in good faith. Any person reporting in good faith shall be immune from any civil liability that might otherwise be incurred or imposed.
(6) For purposes of this section, "unlawful activity" means any of the following:
(a) Possession or use of a deadly weapon, as defined in Section 97-37-1;
(b) Possession, sale or use of any controlled substance;
(c) Aggravated assault, as defined in Section 97-3-7;
(d) Simple assault, as defined in Section 97-3-7, upon any school employee;
(e) Rape, as defined under Mississippi law;
(f) Sexual battery, as defined under Mississippi law;
(g) Murder, as defined under Mississippi law;
(h) Kidnapping, as defined under Mississippi law; or
(i) Fondling, touching, handling, etc., a child for lustful purposes, as defined in Section 97-5-23.
(7) Child abuse, child sexual abuse and child neglect are subject to reporting under Section 43-21-353, and sex crimes against a minor, as defined in Section 97-5-51, are subject to reporting under Section 97-5-51. A mandatory reporter may not delegate to any other person the responsibility to report but must make the report personally in all cases of child abuse, child sexual abuse, child neglect or a sex crime against a minor. In addition, the mandatory reporter must report to the superintendent of the school district, or his designee, or the principal in the event of an emergency or if the superintendent, or his designee, is unavailable.
SECTION 2. This act shall take effect and be in force from and after July 1, 2017.
