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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Felsher
HOUSE BILL NO. 1577
(As Sent to Governor)
AN ACT TO AMEND SECTION 43-21-355, MISSISSIPPI CODE OF 1972, 1
TO CLARIFY THE CRIME OF WILLFUL FALSE CLAIMS OF CHILD ABUSE; TO 2
AUTHORIZE RESTITUTION PAYMENTS TO THE DEPARTMENT OF CHILD 3
PROTECTION SERVICES; TO AMEND SECTION 97-35-47, MISSISSIPPI CODE 4
OF 1972, TO CONFORM TO THE PRECEDING SECTION; AND FOR RELATED 5
PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. Section 43-21-355, Mississippi Code of 1972, is 8
amended as follows: 9
43-21-355. (1) Any attorney, physician, dentist, intern, 10
resident, nurse, psychologist, social worker, family protection 11
worker, family protection specialist, child caregiver, minister, 12
law enforcement officer, school attendance officer, public school 13
district employee, nonpublic school employee, licensed 14
professional counselor or any other person participating in the 15
making of a required report pursuant to Section 43-21-353 or 16
participating in an investigation, evaluation or judicial 17
proceeding resulting from the report shall be presumed to be 18
acting in good faith. Any person or institution reporting or 19
participating in an investigation, evaluation or judicial 20
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proceeding resulting from the report in good faith shall be immune 21
from any liability, civil or criminal, that might otherwise be 22
incurred or imposed. 23
(2) (a) Any report pursuant to Section 43-21-353 shall not 24
be considered filed in good faith when it is unsupported by 25
credible evidence; and the person who filed the report 26
intentionally submitted the report knowing it was false. Such 27
report shall be considered a willful false report of child abuse. 28
(b) (i) Any person convicted of making a willful false 29
report of child abuse under Section 97-35-47, shall be punished by 30
a fine not to exceed Five Thousand Dollars ($5,000.00), by 31
imprisonment in jail not to exceed one (1) year, or both. 32
(ii) If the person who filed the report reasonably 33
relied on credible evidence or credible information, it shall be a 34
defense to a claim of willful false reporting. 35
(c) In addition to any fine and imprisonment, and upon 36
a proper showing made to the court, the person may be ordered to 37
pay restitution to the law enforcement agency and/or the 38
Department of Child Protection Services for any reasonable costs 39
directly related to the investigation of the false report. 40
(d) Violations of this section may be prosecuted by the 41
state Attorney General, the county attorney of the county in which 42
either the child resides or the person who is the subject of the 43
false report resides or the district attorney of the county in 44
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which either the child resides or the person who is the subject of 45
the false report resides. 46
SECTION 2. Section 97-35-47, Mississippi Code of 1972, is 47
amended as follows: 48
97-35-47. It shall be unlawful for any person to report a 49
crime or any element of a crime, including an allegation of child 50
abuse or neglect, to any law enforcement agency or officer, the 51
Department of Child Protection Services, or any officer of any 52
court, by any means, knowing that the report is false. A 53
violation of this section shall be punishable by imprisonment in 54
the county jail not to exceed one (1) year or by fine not to 55
exceed Five Thousand Dollars ($5,000.00), or both. In addition to 56
any fine and imprisonment, and upon proper showing made to the 57
court, the defendant shall be ordered to pay as restitution to the 58
law enforcement agency and/or the Department of Child Protection 59
Services reimbursement for any reasonable costs directly related 60
to the investigation of the falsely reported crime and the 61
prosecution of any person convicted under this section. 62
A report is false under this section when it is unsupported 63
by * * * credible evidence and the person intentionally submitted 64
the report knowing it was false. Proof that the person who filed 65
the report reasonably relied on credible evidence or credible 66
information shall be a defense to a claim of willful false 67
reporting under this section. 68
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ST: Child abuse; clarify willful false claims
of.
SECTION 3. This act shall take effect and be in force from 69
and after July 1, 2026. 70