Name change; prohibit for persons convicted of a crime of violence and for sex offenders.

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To: Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Hill, McLendon

SENATE BILL NO. 2126
(As Sent to Governor)

AN ACT TO CREATE NEW SECTION 45-33-30, MISSISSIPPI CODE OF 1
1972, TO PROHIBIT A PERSON WHO IS REQUIRED TO REGISTER AS A SEX 2
OFFENDER FROM CHANGING HIS OR HER NAME WITH CERTAIN EXCEPTIONS; TO 3
AMEND SECTIONS 93-17-1, 45-33-25, 45-33-29, 45-33-33, AND 4
45-33-35, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED 5
PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. The following shall be codified as Section 8
45-33-30, Mississippi Code of 1972: 9
45-33-30. It shall be unlawful for a person required to 10
register under this chapter to change his or her name except when 11
his or her name changed as a result of marriage or divorce. A 12
certified copy of a marriage certificate or divorce decree shall 13
be required to receive the name change exception provided in this 14
section. A person who violates this section is guilty of a felony 15
and shall be punished by a fine not to exceed Five Thousand 16
Dollars ($5,000.00) or a term of imprisonment not to exceed five 17
(5) years, or both fine and imprisonment. 18
SECTION 2. Section 93-17-1, Mississippi Code of 1972, is 19
amended as follows: 20
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93-17-1. (1) The chancery court or the chancellor in 21
vacation, of the county of the residence of the petitioners shall 22
have jurisdiction upon the petition of any person to alter the 23
names of such person, to make legitimate any living offspring of 24
the petitioner not born in wedlock, and to decree said offspring 25
to be an heir of the petitioner unless the alteration of the name 26
is prohibited under Section 1 of this act. 27
(2) An illegitimate child shall become a legitimate child of 28
the natural father if the natural father marries the natural 29
mother and acknowledges the child. 30
SECTION 3. Section 45-33-25, Mississippi Code of 1972, is 31
amended as follows: 32
45-33-25. (1) (a) Any person having a permanent or 33
temporary residence in this state or who is employed or attending 34
school in this state who has been convicted of a registrable 35
offense in this state or another jurisdiction or who has been 36
acquitted by reason of insanity of a registrable offense in this 37
state or another jurisdiction shall register with the responsible 38
agency and the Mississippi Department of Public Safety. 39
Registration shall not be required for an offense that is not a 40
registrable sex offense or for an offender who is under fourteen 41
(14) years of age. The department shall provide the initial 42
registration information as well as every * * * change of address, 43
change of status at a school, or other change of information as 44
required by the department to the sheriff of the county of the 45
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residence address of the registrant, the sheriff of the county of 46
the employment address, and the sheriff of the county of the 47
school address, if applicable, and any other jurisdiction of the 48
registrant through either written notice, electronic or telephone 49
transmissions, or online access to registration information. 50
Further, the department shall provide this information to the 51
Federal Bureau of Investigation. Additionally, upon notification 52
by the registrant that he intends to reside outside the State of 53
Mississippi, the department shall notify the appropriate state law 54
enforcement agency of any state to which a registrant is moving or 55
has moved. 56
(b) Any person having a permanent or temporary 57
residence or who is employed or attending school in this state who 58
has been adjudicated delinquent for a registrable sex offense 59
listed in this paragraph that involved use of force against the 60
victim shall register as a sex offender with the responsible 61
agency and shall personally appear at a facility designated by the 62
Mississippi Department of Public Safety, or in a manner of the 63
Department of Public Safety's choosing, including by electronic 64
means, within three (3) business days of registering with the 65
responsible agency: 66
(i) Section 97-3-71 relating to rape and assault 67
with intent to ravish; 68
(ii) Section 97-3-95 relating to sexual battery; 69
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(iii) Section 97-3-65 relating to statutory rape; 70
or 71
(iv) Conspiracy to commit, accessory to the 72
commission of, or attempt to commit any offense listed in this 73
paragraph. 74
(2) Any person required to register under this chapter shall 75
submit the following information at the time of registration: 76
(a) Name, including a former name which has been 77
legally changed; 78
(b) Street address of all current permanent and 79
temporary residences within state or out of state at which the sex 80
offender resides or habitually lives, including dates of temporary 81
lodgings. There is a presumption that a registrant owes a duty of 82
updating registration information if the registrant remains away 83
from a registered address for seven (7) or more aggregate days in 84
a six (6) month period; 85
(c) Date, place and address of employment, including as 86
a volunteer or unpaid intern or as a transient or day laborer; 87
(d) Crime for which charged, arrested or convicted; 88
(e) Date and place of conviction, adjudication or 89
acquittal by reason of insanity; 90
(f) Aliases used or nicknames, ethnic or tribal names 91
by which commonly known; 92
(g) Social security number and any purported social 93
security number or numbers; 94
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(h) Date and place of birth and any purported date and 95
place of birth; 96
(i) Age, race, sex, height, weight, hair and eye 97
colors, and any other physical description or identifying factors; 98
(j) A brief description of the offense or offenses for 99
which the registration is required; 100
(k) Driver's license or state or other jurisdiction 101
identification card number, which license or card may be 102
electronically accessed by the Department of Public Safety; 103
(l) Anticipated future residence; 104
(m) If the registrant's residence is a motor vehicle, 105
trailer, mobile home or manufactured home, the registrant shall 106
also provide vehicle identification number, license tag number, 107
registration number and a description, including color scheme, of 108
the motor vehicle, trailer, mobile home or manufactured home; if 109
the registrant's place of residence is a vessel or houseboat, the 110
registrant shall also provide the hull identification number, 111
manufacturer's serial number, name of the vessel or houseboat, 112
registration number and a description, including color scheme, of 113
the vessel or houseboat, including permanent or frequent locations 114
where the motor vehicle, trailer, mobile home, manufactured home, 115
vessel or houseboat is kept; 116
(n) Vehicle make, model, color and license tag number 117
for all vehicles owned or operated by the sex offender, whether 118
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for work or personal use, and the permanent or frequent locations 119
where a vehicle is kept; 120
(o) Offense history; 121
(p) Photograph; 122
(q) Fingerprints and palm prints; 123
(r) Documentation of any treatment received for any 124
mental abnormality or personality disorder of the person; 125
(s) Biological sample; 126
(t) Name of any public or private educational 127
institution, including any secondary school, trade or professional 128
institution or institution of higher education at which the 129
offender is employed, carries on a vocation (with or without 130
compensation) or is enrolled as a student, or will be enrolled as 131
a student, and the registrant's status; 132
(u) Copy of conviction or sentencing order for the sex 133
offense for which registration is required; 134
(v) The offender's parole, probation or supervised 135
release status and the existence of any outstanding arrest 136
warrants; 137
(w) Every online identity, screen name or username 138
used, registered or created by a registrant; 139
(x) Professional licensing information which authorizes 140
the registrant to engage in an occupation or carry out a trade or 141
occupation; 142
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(y) Information from passport and immigration 143
documents; 144
(z) All telephone numbers, including, but not limited 145
to, permanent residence, temporary residence, cell phone and 146
employment phone numbers, whether landlines or cell phones; and 147
(aa) Any other information deemed necessary. 148
(3) For purposes of this chapter, a person is considered to 149
be residing in this state if he maintains a permanent or temporary 150
residence as defined in Section 45-33-23, including students, 151
temporary employees and military personnel on assignment. 152
(4) (a) A person required to register under this chapter 153
shall not reside within three thousand (3,000) feet of the real 154
property comprising a public or nonpublic elementary or secondary 155
school, a child care facility, a residential child-caring agency, 156
a children's group care home or any playground, ballpark or other 157
recreational facility utilized by persons under the age of 158
eighteen (18) years. 159
(b) A person residing within three thousand (3,000) 160
feet of the real property comprising a public or nonpublic 161
elementary or secondary school or a child care facility does not 162
commit a violation of this subsection if any of the following 163
apply: 164
(i) The person is serving a sentence at a jail, 165
prison, juvenile facility or other correctional institution or 166
facility. 167
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(ii) The person is subject to an order of 168
commitment under Title 41, Mississippi Code of 1972. 169
(iii) The person established the subject residence 170
before July 1, 2006. 171
(iv) The school or child care facility is 172
established within three thousand (3,000) feet of the person's 173
residence subsequent to the date the person established residency. 174
(v) The person established the subject residence 175
between July 1, 2006, and January 1, 2014, in a location at least 176
one thousand five hundred (1,500) feet from the school or child 177
care facility. 178
(vi) The person is a minor or a ward under a 179
guardianship. 180
(c) A person residing within three thousand (3,000) 181
feet of the real property comprising a residential child-caring 182
agency, a children's group care home or any playground, ballpark 183
or other recreational facility utilized by persons under the age 184
of eighteen (18) years does not commit a violation of this 185
subsection if any of the following apply: 186
(i) The person established the subject residence 187
before July 1, 2008. 188
(ii) The residential child-caring agency, 189
children's group care home, playground, ballpark or other 190
recreational facility utilized by persons under the age of 191
eighteen (18) years is established within three thousand (3,000) 192
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feet of the person's residence subsequent to the date the person 193
established residency. 194
(iii) The person established the subject residence 195
between July 1, 2008, and January 1, 2014, in a location at least 196
one thousand five hundred (1,500) feet from the residential 197
child-caring agency, children's group care home, playground, 198
ballpark or other recreational facility utilized by persons under 199
the age of eighteen (18) years. 200
(iv) Any of the conditions described in subsection 201
(4)(b)(i), (ii) or (vi) exist. 202
(5) The Department of Public Safety is required to obtain 203
the text of the law defining the offense or offenses for which the 204
registration is required. 205
SECTION 4. Section 45-33-29, Mississippi Code of 1972, is 206
amended as follows: 207
45-33-29. (1) Upon any change of address, including 208
temporary lodging, an offender required to register under this 209
chapter is required to personally appear at a facility designated 210
by the Department of Public Safety, or in a manner of the 211
Department of Public Safety's choosing, including by electronic 212
means, not less than ten (10) days before he intends to first 213
reside at the new address. 214
(2) Upon any change in the status of a registrant's 215
enrollment, employment or vocation at any public or private 216
educational institution, including any secondary school, trade or 217
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professional institution or institution of higher education, the 218
offender is required to personally appear at a facility designated 219
by the Department of Public Safety, or in a manner of the 220
Department of Public Safety's choosing, including by electronic 221
means, within three (3) business days of the change. 222
(3) Upon any change of employment * * *, a registrant is 223
required to personally appear at a facility designated by the 224
Department of Public Safety, or in a manner of the Department of 225
Public Safety's choosing, including by electronic means, within 226
three (3) business days of the change. 227
(4) Upon any change of vehicle information, a registrant is 228
required to report the change on an appropriate form supplied by 229
the department within three (3) business days of the change. 230
(5) Upon any change of e-mail address or addresses, instant 231
message address or addresses, or any other designation used in 232
Internet communications, postings or telephone communications, a 233
registrant is required to report the change on an appropriate form 234
supplied by the department within three (3) business days of the 235
change. 236
(6) Upon any change of information deemed by the department 237
to be necessary to the state's policy to assist local law 238
enforcement agencies' efforts to protect their communities, a 239
registrant is required to report the change on an appropriate form 240
supplied by the department within three (3) business days of the 241
change. 242
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SECTION 5. Section 45-33-33, Mississippi Code of 1972, is 243
amended as follows: 244
45-33-33. (1) (a) The failure of an offender to personally 245
appear at a facility designated by the Department of Public 246
Safety, or in a manner of the Department of Public Safety's 247
choosing, including by electronic means, or to provide any 248
registration or other information, including, but not limited to, 249
initial registration, reregistration, change of address 250
information, change of employment, * * * required notification to 251
a volunteer organization or any other registration duty or 252
submission of information required by this chapter is a violation 253
of this chapter. Additionally, forgery of information or 254
submission of information under false pretenses, whether by the 255
registrant or another person, is also a violation of this chapter. 256
(b) A person commits a violation of this chapter who: 257
(i) Knowingly harbors, or knowingly attempts to 258
harbor, or knowingly assists another person in harboring or 259
attempting to harbor a sex offender who is in violation of this 260
chapter; 261
(ii) Knowingly assists a sex offender in eluding a 262
law enforcement agency that is seeking to find the sex offender to 263
question the sex offender about, or to arrest the sex offender 264
for, noncompliance with the requirements of this chapter; or 265
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(iii) Provides information to a law enforcement 266
agency regarding a sex offender which the person knows to be 267
false. 268
(c) A registrant who is required to submit to 269
electronic monitoring who does not comply with all the terms and 270
conditions of the electronic monitoring commits a violation of 271
this chapter. 272
(2) (a) Unless otherwise specified, a violation of this 273
chapter shall be considered a felony and shall be punishable by a 274
fine of not more than Five Thousand Dollars ($5,000.00), 275
imprisonment in the custody of the Department of Corrections for 276
not more than five (5) years, or both fine and imprisonment. 277
(b) A person who is required to register under this 278
chapter who is subsequently convicted for a registration violation 279
under this section, upon release from incarceration, shall submit 280
to mandatory electronic monitoring under the program established 281
under Section 45-33-45 for a period computed by subtracting the 282
time the person spent in actual incarceration from the five-year 283
maximum imprisonment for the offense and the period of 284
post-release monitoring shall not be suspended or reduced by the 285
court or the Department of Corrections. 286
(3) Whenever it appears that an offender has failed to 287
comply with the duty to register, reregister or submit to 288
electronic monitoring, the department shall promptly notify the 289
sheriff of the county of the last-known address of the offender as 290
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well as the sheriff of the county of the last-known location of 291
the offender, if different. Upon notification, the sheriff shall 292
attempt to locate the offender at his last-known address or 293
last-known location. 294
(a) If the sheriff locates the offender, he shall 295
enforce the provisions of this chapter, including initiation of 296
prosecution if appropriate. The sheriff shall then notify the 297
department with the current information regarding the offender. 298
(b) If the sheriff is unable to locate the offender, 299
the sheriff shall promptly notify the department and initiate a 300
criminal prosecution against the offender for the failure to 301
register, reregister or comply with electronic monitoring. The 302
sheriff shall make the appropriate transactions into the Federal 303
Bureau of Investigation's wanted-person database and issue a 304
warrant for the offender's arrest. The department shall notify 305
the United States Marshals Service of the offender's noncompliant 306
status and shall update the registry database and website to show 307
the defendant's noncompliant status as an absconder. 308
(4) A violation of this chapter shall result in the arrest 309
of the offender. 310
(5) Any prosecution for a violation of this section shall be 311
brought by a prosecutor in the county of the violation. 312
(6) A person required to register under this chapter who 313
commits any act or omission in violation of this chapter may be 314
prosecuted for the act or omission in the county in which the act 315
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or omission was committed, the county of the last registered 316
address of the sex offender, the county in which the conviction 317
occurred for the offense or offenses that meet the criteria 318
requiring the person to register, the county in which he was 319
designated a sex offender, or the county in which the sex offender 320
was found. 321
(7) The Commissioner of Public Safety or his authorized 322
agent shall suspend the driver's license or driving privilege of 323
any offender failing to comply with the duty to report, register 324
or reregister, submit to monitoring, or who has provided false 325
information. 326
(8) When a person required to register under this chapter is 327
accused of any registration offense under this section, pretrial 328
release on bond shall be conditioned on the offender's submission 329
to electronic monitoring under the program established under 330
Section 45-33-45. 331
SECTION 6. Section 45-33-35, Mississippi Code of 1972, is 332
amended as follows: 333
45-33-35. (1) The Mississippi Department of Public Safety 334
shall maintain a central registry of sex offender information as 335
defined in Section 45-33-25 and shall adopt rules and regulations 336
necessary to carry out this section. The responsible agencies 337
shall provide the information required in Section 45-33-25 on a 338
form developed by the department to ensure accurate information is 339
maintained. 340
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(2) Upon conviction, adjudication or acquittal by reason of 341
insanity of any sex offender, if the sex offender is not 342
immediately confined or not sentenced to a term of imprisonment, 343
the clerk of the court which convicted and sentenced the sex 344
offender shall inform the person of the duty to register, 345
including the duty to personally appear at a facility designated 346
by the Department of Public Safety, or in a manner of the 347
Department of Public Safety's choosing, including by electronic 348
means, and shall perform the registration duties as described in 349
Section 45-33-23 and forward the information to the department. 350
(3) Before release from prison or placement on parole, 351
supervised release or in a work center or restitution center, the 352
Department of Corrections shall inform the person of the duty to 353
register, including the duty to personally appear at a facility 354
designated by the Department of Public Safety, or in a manner of 355
the Department of Public Safety's choosing, including by 356
electronic means, and shall perform the registration duties as 357
described in Section 45-33-23 and forward the information to the 358
Department of Public Safety. 359
(4) Before release from a community regional mental health 360
center or from confinement in a mental institution following an 361
acquittal by reason of insanity, the director of the facility 362
shall inform the offender of the duty to register, including the 363
duty to personally appear at a facility designated by the 364
Department of Public Safety, or in a manner of the Department of 365
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Public Safety's choosing, including by electronic means, and shall 366
perform the registration duties as described in Section 45-33-23 367
and forward the information to the Department of Public Safety. 368
(5) Before release from a youthful offender facility, the 369
director of the facility shall inform the person of the duty to 370
register, including the duty to personally appear at a facility 371
designated by the Department of Public Safety, or in a manner of 372
the Department of Public Safety's choosing, including by 373
electronic means, and shall perform the registration duties as 374
described in Section 45-33-23 and forward the information to the 375
Department of Public Safety. 376
(6) In addition to performing the registration duties, the 377
responsible agency shall: 378
(a) Inform the person having a duty to register that: 379
(i) The person is required to personally appear at 380
a facility designated by the Department of Public Safety, or in a 381
manner of the Department of Public Safety's choosing, including by 382
electronic means, at least ten (10) days before changing address. 383
(ii) Any change of address to another jurisdiction 384
shall be reported to the department by personally appearing at a 385
facility designated by the Department of Public Safety, or in a 386
manner of the Department of Public Safety's choosing, including by 387
electronic means, not less than ten (10) days before the change of 388
address. The offender shall comply with any registration 389
requirement in the new jurisdiction. 390
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(iii) The person must register in any jurisdiction 391
where the person is employed, carries on a vocation, is stationed 392
in the military or is a student. 393
(iv) Address verifications shall be made by 394
personally appearing at a facility designated by the Department of 395
Public Safety, or in a manner of the Department of Public Safety's 396
choosing, including by electronic means, within the required time 397
period. 398
(v) Notification or verification of a change in 399
status of a registrant's enrollment, employment or vocation at any 400
public or private educational institution, including any secondary 401
school, trade or professional institution, or institution of 402
higher education shall be reported to the department by personally 403
appearing at a facility designated by the Department of Public 404
Safety, or in a manner of the Department of Public Safety's 405
choosing, including by electronic means, within three (3) business 406
days of the change. 407
(vi) If the person has been convicted of a sex 408
offense, the person shall notify any organization for which the 409
person volunteers in which volunteers have direct, private or 410
unsupervised contact with minors that the person has been 411
convicted of a sex offense as provided in Section 45-33-32(1). 412
(vii) Upon any change of * * * employment, a 413
registrant is required to personally appear at a facility 414
designated by the Department of Public Safety, or in a manner of 415
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the Department of Public Safety's choosing, including by 416
electronic means, within three (3) business days of the change. 417
(viii) Upon any change of vehicle information, a 418
registrant is required to report the change on an appropriate form 419
supplied by the department within three (3) business days of the 420
change. 421
(ix) Upon any change of e-mail address or 422
addresses, instant message address or addresses or any other 423
designation used in Internet communications, postings or telephone 424
communications, a registrant is required to report the change on 425
an appropriate form supplied by the department within three (3) 426
business days of the change. 427
(x) Upon any change of information deemed to be 428
necessary to the state's policy to assist local law enforcement 429
agencies' efforts to protect their communities, a registrant is 430
required to report the change on an appropriate form supplied by 431
the department within three (3) business days of the change. 432
(b) Require the person to read and sign a form stating 433
that the duty of the person to register under this chapter has 434
been explained. 435
(c) Obtain or facilitate the obtaining of a biological 436
sample from every registrant as required by this chapter if such 437
biological sample has not already been provided to the Mississippi 438
Forensics Laboratory. 439
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ST: Name change; prohibit for persons convicted
of a crime of violence and for sex offenders.
(d) Provide a copy of the order of conviction or 440
sentencing order to the department at the time of registration. 441
SECTION 7. This act shall take effect and be in force from 442
and after July 1, 2026. 443