"MS Anti-Lynching Act"; create.

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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Karriem

HOUSE BILL NO. 1427

AN ACT TO CREATE THE "MISSISSIPPI ANTI-LYNCHING ACT"; TO 1
DEFINE LYNCHING AS A DISCRIMINATORY KILLING COMMITTED BY TWO OR 2
MORE PERSONS UNDER THE PRETEXT OF ADMINISTERING JUSTICE FOR AN 3
ALLEGED OFFENSE; TO CREATE THE STANDALONE FELONY OFFENSE OF 4
LYNCHING PUNISHABLE BY LIFE IMPRISONMENT WITHOUT ELIGIBILITY FOR 5
PAROLE; TO PROVIDE FOR THE FELONY OFFENSE OF ATTEMPTED LYNCHING 6
WITH A MANDATORY MINIMUM SENTENCE; TO PROVIDE FOR AIDING AND 7
ABETTING, ORGANIZING OR INCITING, AND CONSPIRACY; TO ESTABLISH 8
DISCRIMINATORY DEATH TRIGGERS AND MANDATORY INVESTIGATIVE 9
PROTOCOLS; TO REQUIRE APPOINTMENT OF AN INDEPENDENT PROSECUTOR BY 10
DEFAULT; TO REQUIRE MANDATORY REPORTING BY LOCAL AGENCIES TO THE 11
MISSISSIPPI DEPARTMENT OF PUBLIC SAFETY AND THE OFFICE OF THE 12
ATTORNEY GENERAL; TO REQUIRE A UNIFORM STATEWIDE TRACKING DATABASE 13
AND ANNUAL REPORTS TO THE LEGISLATURE; TO REQUIRE PSYCHOLOGICAL 14
AUTOPSIES AND FORENSIC PROTOCOLS IN CERTAIN CASES; TO REQUIRE 15
ATTENDANCE BY AN INDEPENDENT PATHOLOGIST SELECTED BY THE FAMILY IN 16
CERTAIN CASES; TO ESTABLISH FAMILY RIGHTS AND ANTI-INTIMIDATION 17
PROTECTIONS; TO CREATE A CIVIL CAUSE OF ACTION FOR SURVIVAL AND 18
WRONGFUL DEATH CLAIMS AGAINST PERPETRATORS AND ORGANIZERS, 19
INCLUDING DAMAGES, CIVIL PENALTIES, AND ATTORNEY'S FEES; TO 20
PROVIDE SANCTIONS FOR OFFICIAL MISCONDUCT FOR WILLFUL FAILURE TO 21
REPORT, INVESTIGATE, OR PROSECUTE; TO CREATE AN ANTI-LYNCHING 22
INVESTIGATION AND ACCOUNTABILITY FUND AND GRANT PROGRAM; TO 23
PROVIDE FOR SEVERABILITY; AND FOR RELATED PURPOSES. 24
WHEREAS, the Legislature recognizes that the people of the 25
State of Mississippi are entitled to equal protection under law 26
and to a justice system that functions without fear, intimidation, 27
discrimination, or violence; and 28
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WHEREAS, the Legislature further recognizes that lynching, 29
whether historically or in contemporary forms, constitutes a 30
particularly egregious form of unlawful killing perpetrated by two 31
(2) or more persons under the pretext of administering justice for 32
an alleged offense, frequently intended to terrorize, intimidate, 33
and control targeted communities; and 34
WHEREAS, the Legislature finds that discriminatory violence 35
and suspicious deaths involving indications of staging, 36
concealment, intimidation, or institutional inaction 37
undermine public confidence in law enforcement and the courts and 38
inflict severe and lasting harm upon families and communities; and 39
WHEREAS, the Legislature finds that independent and timely 40
investigation and prosecution of suspected lynching and 41
discriminatory deaths is necessary to ensure credibility, reduce 42
conflicts of interest, preserve evidence, and promote justice; and 43
WHEREAS, the Legislature further finds that statewide 44
reporting, public accountability, 45
and evidence-based policy require the systematic collection of 46
data and transparent annual reporting to the Legislature and the 47
public, while safeguarding the integrity of investigations; and 48
WHEREAS, the Legislature finds that families must have 49
meaningful procedural protections and access to information, 50
including appropriate forensic safeguards, where there is 51
reasonable cause to believe a death may have been caused by 52
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discriminatory violence or staged to appear as suicide or 53
accident; and 54
WHEREAS, the Legislature therefore determines that it is 55
necessary to create a standalone criminal offense of lynching 56
punishable by life imprisonment without eligibility for parole, to 57
criminalize attempts and organizing activity, to require 58
independent prosecution by default in suspected cases, to 59
establish mandatory reporting and statewide tracking, and to 60
create civil remedies for victims and families in order to deter 61
future acts, promote accountability, and strengthen public 62
confidence in the administration of justice; 63
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 64
SECTION 1. This act shall be known and may be cited as the 65
"Mississippi Anti-Lynching Act". 66
SECTION 2. (1) The Legislature finds and declares that: 67
(a) Lynching—historically and in contemporary forms—has 68
been used as an instrument of terror and control, carried out 69
under the pretext of administering justice outside lawful 70
processes, frequently involving concealment, intimidation, and 71
failures by institutions tasked with protecting the public; 72
(b) Discriminatory violence and suspicious deaths 73
arising under discriminatory pretexts cause irreparable harm not 74
only to victims but also to families, communities, and public 75
confidence in the justice system; 76
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(c) The State has a compelling interest in preventing 77
lynching and discriminatory violence; ensuring prompt, 78
independent, and thorough investigation and prosecution; 79
ensuring transparency and statewide data collection; and providing 80
civil remedies to victims and their families. 81
(d) Cases involving suspected staged suicides, 82
intimidation, concealment, or discriminatory death often require 83
specialized forensic and psychological evaluation and meaningful 84
family participation to assure confidence and legitimacy. 85
(2) The purpose of this act is to: 86
(a) Create a standalone felony offense of lynching and 87
related offenses; 88
(b) Mandate independent prosecution by default; 89
(c) Require statewide reporting and tracking; 90
(d) Establish robust forensic and investigative 91
protocols; 92
(e) Provide civil causes of action including survival 93
and wrongful death remedies; and 94
(f) Establish family rights protections and 95
accountability measures. 96
SECTION 3. (1) The Legislature intends that this act be 97
construed to achieve the following objectives: 98
(a) To deter and punish lynching as a distinct and 99
aggravated form of discriminatory homicide committed by two (2) or 100
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more persons under the pretext of administering justice for an 101
alleged offense; 102
(b) To ensure prompt, independent, and credible 103
investigation and prosecution of suspected lynching, attempted 104
lynching, and discriminatory deaths, including deaths initially 105
classified as suicide, accident, or undetermined where evidence 106
indicates otherwise; 107
(c) To establish uniform statewide reporting and 108
tracking to permit transparency, oversight, and informed 109
legislative action; 110
(d) To protect victims' families and witnesses from 111
intimidation and retaliation and to provide families meaningful 112
procedural access to information and forensic safeguards 113
consistent with the integrity of investigations; and 114
(e) To provide civil remedies against perpetrators and 115
organizers to promote accountability and deter future violations. 116
(2) The Legislature further intends that: 117
(a) Nothing in this act shall be construed to require 118
disclosure of information that would compromise an ongoing 119
criminal investigation, identify confidential informants, or 120
endanger the safety of witnesses; however, withholding of such 121
information shall be supported by written explanation and shall be 122
limited in scope and duration consistent with this act; 123
(b) The appointment of an independent prosecutor is 124
intended to promote impartiality and public confidence and shall 125
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not be construed to diminish lawful authority of local 126
prosecutorial offices except as expressly provided herein; 127
(c) The civil cause of action created by this act is 128
intended to exist independently of other remedies and shall be 129
liberally construed to effectuate the remedial purposes of this 130
act; and 131
(d) This act shall be construed to complement, and not 132
to limit, any other criminal, civil, or administrative remedies 133
available under Mississippi law. 134
(3) This act shall be enforced consistent with 135
evidence-based standards and due process. 136
SECTION 4. For purposes of this act, the following words 137
shall have the meanings described herein: 138
(a) "Lynching" means a discriminatory killing of a 139
human being, committed by two(2) or more persons, under the 140
pretext of administering justice for an alleged offense, with or 141
without a legal arrest, charge, trial, conviction, or punishment. 142
(b) "Discriminatory" means committed in whole or in 143
substantial part because of the victim's actual or perceived race, 144
color, ancestry, ethnicity, national origin, religion, sex, sexual 145
orientation, gender identity, disability, or political 146
affiliation, or because the victim is targeted as a member of a 147
group historically subjected to intimidation or violence. 148
(c) "Pretext of administering justice" means an 149
asserted, claimed, implied, or publicly stated purpose of 150
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punishment, discipline, deterrence, retaliation, intimidation, 151
social control, or moral enforcement for an alleged offense or 152
accusation. 153
(d) "Attempted lynching" means an overt act beyond mere 154
preparation by two (2) or more persons with intent to commit 155
lynching, which would constitute lynching if completed, regardless 156
of whether death results. 157
(e) "Organizing or inciting" means recruiting, 158
commanding, encouraging, directing, soliciting, facilitating, 159
financing, or materially supporting one or more persons to commit 160
lynching or attempted lynching, including by planning, providing 161
resources, or communication. 162
(f) "Discriminatory death" means a death reasonably 163
suspected to result from lynching, attempted lynching, or a staged 164
or concealed violent act—including a death initially classified as 165
suicide, accident, or undetermined—where evidence suggests 166
possible discriminatory violence. 167
(g) "Family" means the victim's estate, surviving 168
spouse, children, parents, lawful guardian, or lawful next of kin. 169
(h) "Independent pathologist" means a board-certified 170
forensic pathologist selected by the family. 171
(i) "Psychological autopsy" means a postmortem 172
psychological and behavioral analysis conducted by a qualified 173
forensic psychologist or psychiatrist to evaluate whether suicide 174
or lynching is consistent with known facts. 175
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(j) "Modern-Day Lynching" (MDL) means a discriminatory 176
killing committed in the late 20th or early 21st centuries by more 177
than one person, carried out for an alleged offense with or 178
without legal trial or due process. 179
SECTION 5. (1) A person commits the felony offense of 180
lynching when the person, acting with two (2) or more other 181
persons, commits lynching as defined in this act. 182
(2) A person convicted of lynching shall be sentenced to 183
life imprisonment without eligibility for parole, probation, 184
suspension, earned time, or early release. 185
(3) Lynching may be charged in addition to any other 186
offense, including homicide offenses, kidnapping, assault, 187
harassment, stalking, conspiracy, or related crimes, and shall not 188
merge with such offenses. 189
(4) Venue lies in any county where any act in furtherance of 190
lynching occurred, where the death occurred, or where the victim's 191
remains were located. 192
SECTION 6. (1) Attempted Lynching. A person convicted of 193
attempted lynching shall be guilty of a felony and shall be 194
sentenced to imprisonment for not less than twenty (20) years and 195
not more than forty (40) years, which twenty (20) years shall 196
constitute a mandatory minimum term and shall not be reduced, 197
suspended, or subject to probation, parole, earned time, or early 198
release. 199
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(2) Aiding and Abetting. Any person who aids, abets, 200
assists, counsels, commands, induces, or procures the commission 201
of lynching or attempted lynching is guilty as a principal and 202
shall be punished accordingly. 203
(3) A person who organizes or incites lynching or attempted 204
lynching is guilty of a felony and punished as follows: 205
(a) If lynching occurs, punishment shall be life 206
without parole. 207
(b) If attempted lynching occurs, punishment shall be 208
as provided in subsection (1). 209
(4) Conspiracy to commit lynching is a felony punishable by 210
imprisonment for not less than ten (10) years and not more than 211
twenty (20) years, without eligibility for parole, probation, 212
suspension, earned time, or early release. 213
SECTION 7. (1) An incident shall be treated as suspected 214
MDL or Discriminatory Death for purposes of mandatory protocols if 215
one (1) or more of the following indicators is present: 216
(a) Evidence of threats, harassment, stalking, 217
intimidation, or coercion directed at the victim based on 218
protected characteristics; 219
(b) Evidence the death may have been staged to appear 220
as suicide, accident, or undetermined; 221
(c) Physical injuries inconsistent with suicide or 222
accident; 223
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(d) Signs of restraint, abduction, forced movement, or 224
confinement; 225
(e) Missing, destroyed, altered, withheld, or tampered 226
evidence; 227
(f) Inconsistent accounts by witnesses, officers, 228
officials, or material discrepancies in records; 229
(g) Prior reports of bias-motivated harassment or 230
violence involving the victim; 231
(h) Evidence of a group acting together, including 232
planning or coordination; 233
(i) Evidence of hate symbols, communications, public 234
statements, or online activity suggesting discriminatory 235
motivation; 236
(j) Credible information from family members, civil 237
rights organizations, attorneys, community groups, or other 238
credible sources indicating lynching or discriminatory 239
violence; 240
(k) Any other articulated fact giving reasonable cause 241
to suspect lynching. 242
(2) Upon triggering under subsection (1), appointment of an 243
independent prosecutor and special forensic protocols under this 244
act shall be mandatory by default, unless the Attorney General 245
issues written findings that the trigger is clearly inapplicable 246
and provides notice to the family. 247
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SECTION 8. (1) Automatic Appointment. Upon receipt of a 248
report of suspected lynching or attempted lynching, an independent 249
prosecutor shall be appointed. 250
(2) The Attorney General shall appoint: 251
(a) A special assistant attorney general; or 252
(b) A prosecutor from another district; or 253
(c) Qualified outside counsel. 254
(3) The local district attorney shall be presumed recused 255
unless the Attorney General determines in writing that 256
independence and public confidence would not be compromised. 257
(4) The independent prosecutor shall have full authority to 258
direct investigation, issue subpoenas, convene grand juries 259
consistent with law, and prosecute violations of this act and 260
related offenses. 261
(5) Appointment shall occur within seven (7) days of receipt 262
of a qualifying report. 263
SECTION 9. (1) Any law enforcement agency, district 264
attorney, coroner, medical examiner, state medical examiner 265
employee, or other public official who becomes aware of facts 266
reasonably suggesting lynching or attempted lynching shall report 267
the incident within forty-eight (48) hours to: 268
(a) The Attorney General; and 269
(b) The Mississippi Department of Public Safety (DPS). 270
(2) DPS, in consultation with the Attorney General, shall 271
establish a statewide tracking database, including: 272
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(a) Number and nature of reports; 273
(b) Jurisdictional information; 274
(c) Investigative steps taken; 275
(d) Prosecutorial action; 276
(e) Case outcomes and classification changes; 277
(f) Compliance by agencies; 278
(g) Referrals to independent prosecutors. 279
(3) On or before December 1 annually, the Mississippi 280
Department of Public Safety and the Attorney General shall issue a 281
report to the Legislature describing: 282
(a) Reports received; 283
(b) Investigations initiated; 284
(c) Prosecutions and dispositions; 285
(d) Nonprosecution decisions and reasons; 286
(e) Compliance rates; 287
(f) Recommendations. 288
(4) The annual report shall be public but may omit 289
case-specific identifying information necessary to protect 290
investigations, witnesses, and privacy. 291
SECTION 10. (1) Where death is initially classified as 292
suicide or undetermined or lynching is reasonably possible, the 293
investigating agency shall ensure completion of a psychological 294
autopsy by a qualified forensic psychologist or psychiatrist. 295
(2) Where lynching is possible under Section 6, the State 296
Medical Examiner's autopsy shall be attended by an independent 297
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pathologist selected by the family, either in person or via secure 298
live video, subject to reasonable facility rules and 299
chain-of-custody protocols. 300
(3) In any suspected lynching, law enforcement shall: 301
(a) Preserve the scene and all physical evidence; 302
(b) Secure all recordings, including body-worn camera 303
and dispatch recordings; 304
(c) Preserve electronic evidence consistent with law; 305
(d) Document all injuries with photography and forensic 306
measurements. 307
(4) The family's independent pathologist and retained 308
experts shall have access to autopsy photographs, reports, and 309
nonprivileged investigative materials, subject to protective 310
orders where necessary. 311
(5) DPS and the Attorney General shall publish guidance and 312
training modules regarding indicators of staged suicides and 313
discriminatory violence. 314
SECTION 11. (1) In suspected lynching cases, law 315
enforcement shall notify the family within forty-eight hours of: 316
(a) Classification of death; 317
(b) Initiation of investigation; 318
(c) Appointment of independent prosecutor; and 319
(d) Scheduled autopsy time and location, if 320
practicable. 321
(2) The family shall have the right to: 322
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(a) Select an independent pathologist under Section 9; 323
(b) Retain forensic and psychological experts; 324
(c) Submit questions and concerns to the independent 325
prosecutor for consideration. 326
(3) Within sixty (60) days, the investigating 327
agency shall provide the family or legal representative: 328
(a) A death certificate and classification rationale; 329
(b) Autopsy report and photographs; 330
(c) Toxicology results; 331
(d) Incident reports; 332
(e) Body-worn camera footage, where available, subject 333
to lawful redaction; 334
(f) Logs, dispatch data, and scene documentation; 335
(g) Summary of investigative steps taken to date. 336
This subsection does not require disclosure that would 337
compromise an active investigation; however, nondisclosure must be 338
explained in writing, and materials shall be provided upon closure 339
or within one hundred eighty (180) days unless the independent 340
prosecutor certifies continued necessity. 341
(4) (a) A person commits a felony if the person threatens, 342
intimidates, retaliates against, or harasses: 343
(i) Any witness, family member, advocate, 344
attorney, expert, journalist, or investigator involved in a 345
suspected lynching case; or 346
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(ii) Any person reporting suspected lynching to 347
Mississippi Department of Public Safety or the Attorney General. 348
Punishment shall be imprisonment for not less than five (5) years 349
and not more than twenty (20) years, and a fine not exceeding 350
Fifty Thousand Dollars ($50,000.00), or both. 351
(5) Any person harmed by intimidation or retaliation 352
prohibited under this act may sue for damages and attorney's fees. 353
SECTION 12. (1) (a) A victim of attempted lynching may 354
bring a civil action. 355
(b) In cases of lynching resulting in death, the 356
victim's estate and family may bring: 357
(i) A survival action for claims the victim could 358
have brought had the victim survived; and 359
(ii) A wrongful death action for damages suffered 360
by statutory beneficiaries. 361
(2) A civil action may be brought against any person who: 362
(a) Committed lynching or attempted lynching; 363
(b) Aided and abetted; 364
(c) Organized or incited; 365
(d) Conspired to commit; or 366
(e) Materially supported lynching or attempted 367
lynching. 368
(3) This civil action is a standalone statutory cause of 369
action independent of other remedies, including federal or state 370
civil rights claims. 371
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(4) A prevailing plaintiff may recover: 372
(a) Compensatory damages, including pain and suffering, 373
emotional distress, medical costs, loss of income, loss of 374
companionship, loss of consortium, and funeral costs; 375
(b) Punitive damages where permitted by law; 376
(c) Statutory damages of not less than Two Hundred 377
Fifty Thousand Dollars ($250,000.00) per decedent (in addition to 378
actual damages); and 379
(d) Treble damages for organizing or inciting. 380
(5) A prevailing plaintiff shall recover reasonable 381
attorney's fees and costs. 382
(6) A civil action must be filed: 383
(a) Within ten (10) years of the act; or 384
(b) Within three (3) years of discovery of facts 385
establishing lynching or attempted lynching, whichever is later. 386
The limitations period is tolled where there is fraudulent 387
concealment, intimidation, or suppression of evidence. 388
(7) Criminal conviction is not required. Burden of proof is 389
by a preponderance of the evidence. 390
(8) Defendants shall be jointly and severally liable. 391
(9) In addition to damages, the court may impose a civil 392
penalty payable to the State in an amount not less than One 393
Hundred Thousand Dollars ($100,000.00) per defendant. Funds shall 394
be deposited into the fund created by this act. 395
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SECTION 13. (1) Any district attorney, law enforcement 396
officer, coroner, medical examiner, 397
or other public official who willfully and knowingly: 398
(a) Fails to report as required by Section 8; 399
(b) Suppresses, destroys, or conceals evidence; 400
(c) Refuses without lawful justification to 401
investigate; 402
(d) Refuses without lawful justification to cooperate 403
with the independent prosecutor; or 404
(e) Refuses to prosecute suspects; shall be guilty of 405
official misconduct. 406
(2) Penalty. Official misconduct under this section is a 407
felony punishable by: 408
(a) Imprisonment for one (1) to five (5) years; 409
(b) Fine up to Ten Thousand Dollars ($10,000.00); and 410
(c) Referral for professional discipline. 411
(3) Mandatory Referral. The Attorney General shall refer 412
substantiated cases to applicable licensing or disciplinary 413
authorities. 414
SECTION 14. (1) There is created in the State Treasury the 415
Anti-Lynching Investigation and Accountability Fund, administered 416
by Mississippi Department of Public Safety in consultation with 417
the Attorney General. 418
(2) The fund may be used to provide grants to state and 419
local agencies to: 420
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ST: "MS Anti-Lynching Act"; create.
(a) Update standard operating procedures (SOPs) 421
consistent with this act; 422
(b) Implement reporting and tracking; 423
(c) Provide training; 424
(d) Contract for forensic expertise; 425
(e) Support independent prosecutor appointments; 426
(f) Improve evidence preservation capacity. 427
(3) DPS shall promulgate grant criteria prioritizing 428
jurisdictions demonstrating compliance with reporting requirements 429
and training adoption. 430
SECTION 15. If any provision of this act is held invalid, 431
such invalidity shall not affect other provisions or applications 432
of the act that can be given effect without the invalid provision, 433
and to this end the provisions of this act are severable. 434
SECTION 16. This act shall take effect and be in force from 435
and after July 1, 2026. 436