Bill Text: MS SB2387 | 2018 | Regular Session | Introduced

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Bill Title: Sentencing; court may consider mental health issues.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2018-01-30 - Died In Committee [SB2387 Detail]

Download: Mississippi-2018-SB2387-Introduced.html

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MISSISSIPPI LEGISLATURE

2018 Regular Session

To: Judiciary, Division A

By: Senator(s) Blackmon

Senate Bill 2387

AN ACT TO PROVIDE THAT ANY CIRCUIT OR COUNTY COURT MAY UTILIZE THE MENTAL HEALTH RECORDS OF A DEFENDANT FOR A SENTENCING HEARING; TO PROVIDE A DEFINITION FOR 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 (HIPPA), any circuit or county court judge is authorized to obtain and utilize the mental health records of a defendant for use during a sentencing hearing.  As used in this section, "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, 2018.