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To: Corrections
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Currie
HOUSE BILL NO. 1737
AN ACT TO AMEND SECTION 47-5-151, MISSISSIPPI CODE OF 1972, 1
TO PROVIDE THAT WHEN AN AUTOPSY IS PERFORMED ON A STATE INMATE, A 2
COPY OF THE AUTOPSY REPORT SHALL BE PROVIDED TO THE GOVERNOR, 3
LIEUTENANT GOVERNOR AND THE CHAIRPERSONS OF THE HOUSE AND SENATE 4
CORRECTIONS COMMITTEES; AND FOR RELATED PURPOSES. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 6
SECTION 1. Section 47-5-151, Mississippi Code of 1972, is 7
amended as follows: 8
47-5-151. The superintendent (warden) or other person in 9
charge of prisoners, upon the death of any prisoner under his care 10
and control, shall at once notify the county medical examiner or 11
county medical examiner investigator (hereinafter "medical 12
examiner") of the county in which * * * the prisoner died, of the 13
death of the prisoner, and it shall be the duty of such medical 14
examiner, when so notified of the death of such person, to obtain 15
a court order and notify the State Medical Examiner of the death 16
of such prisoner. It shall be mandatory that the State Medical 17
Examiner cause an autopsy to be performed upon the body of the 18
deceased prisoner. Furthermore, the State Medical Examiner shall 19
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investigate any case where a person is found dead on the premises 20
of the correctional system, in accordance with Sections 41-61-51 21
through 41-61-79. The State Medical Examiner shall make a written 22
report of his investigation, and shall furnish a copy of the same, 23
including the autopsy report, to the superintendent (warden) and a 24
copy of the same to the district attorney of the county in 25
which * * * the prisoner died as well as to the Governor, 26
Lieutenant Governor and the Chairpersons of the House and Senate 27
Corrections Committees. The copy so furnished to the district 28
attorney shall be turned over by the district attorney to the 29
grand jury, and it shall be the duty of the grand jury, if there 30
be any suspicion of wrongdoing shown by the inquest papers, to 31
thoroughly investigate the cause of such death. 32
It shall be the duty of the medical examiner of the county in 33
which * * * the prisoner died to arrange for the remains to be 34
transported to the State Medical Examiner for * * * such autopsy, 35
and accompanying the remains shall be the court order for autopsy 36
and any documents or records pertaining to the deceased prisoner, 37
institutional health records or other information relating to the 38
circumstances surrounding the prisoner's death. The State Medical 39
Examiner shall arrange for the remains to be transported to the 40
county in which * * * such prisoner died following completion of 41
the autopsy. If the remains are not claimed for burial within 42
forty-eight (48) hours after autopsy, then * * * the remains may 43
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be delivered to the University of Mississippi Medical Center for 44
use in medical research or anatomical study. 45
The provisions herein set forth in the first paragraph shall 46
likewise apply to any case in which any person is found dead on 47
the premises of the Mississippi State Penitentiary except that the 48
autopsy to be performed on the body of such a person shall not be 49
mandatory upon a person who is not a prisoner unless the medical 50
examiner determines that the death resulted from circumstances 51
raising questions as to the cause of death, in which case the 52
medical examiner may cause an autopsy to be performed upon the 53
body of such deceased person in the same manner as authorized to 54
be performed upon the body of a deceased prisoner. 55
Provided further, that the provisions herein shall apply with 56
respect to any deceased prisoner who at the time of death is being 57
detained by duly constituted state authority such as the Oakley 58
Youth Development Center, Mississippi State Hospital at Whitfield, 59
East Mississippi State Hospital, or any other state institution. 60
The provisions of this section shall not apply to a prisoner 61
who was lawfully executed as provided in Sections 99-19-49 through 62
99-19-55. 63
Any officer or employee of the prison system or any other 64
officer, employee or person having charge of any prisoner who 65
shall fail to immediately notify the medical examiner of the death 66
of such prisoner, shall be guilty of a misdemeanor and, upon 67
conviction thereof, shall be punished by a fine of not less than 68
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ST: Inmate deaths; require autopsy reports be
provided to certain elected officials.
One Hundred Dollars ($100.00) nor more than Five Hundred Dollars 69
($500.00) and by confinement in the county jail for not more than 70
one (1) year. 71
SECTION 2. This act shall take effect and be in force from 72
and after its passage. 73