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To: Judiciary, Division B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Barrett
SENATE BILL NO. 2332
AN ACT TO AMEND SECTION 45-33-26, MISSISSIPPI CODE OF 1972, 1
TO PROHIBIT A PERSON REQUIRED TO REGISTER AS A SEX OFFENDER FROM 2
BEING EMPLOYED AS A FIRST RESPONDER WITHOUT ADVANCE APPROVAL FROM 3
THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY SEX OFFENDER 4
REGISTRY; TO DEFINE THE TERM "FIRST RESPONDER"; AND FOR RELATED 5
PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. Section 45-33-26, Mississippi Code of 1972, is 8
amended as follows: 9
45-33-26. (1) (a) Unless exempted under subsection (2), it 10
is unlawful for a person required to register as a sex offender 11
under Section 45-33-25: 12
(i) To be present in any school building, on real 13
property comprising any school, or in any conveyance owned, leased 14
or contracted by a school to transport students to or from school 15
or a school-related activity when persons under the age of 16
eighteen (18) are present in the building, on the grounds or in 17
the conveyance; or 18
(ii) To loiter within five hundred (500) feet of a 19
school building or real property comprising any school while 20
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persons under the age of eighteen (18) are present in the building 21
or on the grounds. 22
(b) It is unlawful for a person required to register as 23
a sex offender under Section 45-33-25 to visit or be in or about 24
any public beach or public campground where minor children 25
congregate without advance approval from the Director of the 26
Department of Public Safety Sex Offender Registry, and the 27
registrant is required to immediately report any incidental 28
contact with minor children to the director. 29
(c) It is unlawful for a person required to register as 30
a sex offender under Section 45-33-25 to be employed as a first 31
responder. 32
(2) (a) A person required to register as a sex offender who 33
is a parent or guardian of a student attending the school and who 34
complies with subsection (3) may be present on school property if 35
the parent or guardian is: 36
(i) Attending a conference at the school with 37
school personnel to discuss the progress of the sex offender's 38
child academically or socially; 39
(ii) Participating in child review conferences in 40
which evaluation and placement decisions may be made with respect 41
to the sex offender's child regarding special education services; 42
(iii) Attending conferences to discuss other 43
student issues concerning the sex offender's child such as 44
retention and promotion; 45
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(iv) Transporting the sex offender's child to and 46
from school; or 47
(v) Present at the school because the presence of 48
the sex offender has been requested by the principal for any other 49
reason relating to the welfare of the child. 50
(b) Subsection (1) of this section shall not apply to a 51
sex offender who is legally enrolled in a particular school or is 52
participating in a school-sponsored educational program located at 53
a particular school when the sex offender is present at that 54
school. 55
(3) (a) In order to exercise the exemption under subsection 56
(2), a parent or guardian who is required to register as a sex 57
offender must notify the principal of the school of the sex 58
offender's presence at the school unless the offender: (i) has 59
permission to be present from the superintendent or the school 60
board, or (ii) the principal has granted ongoing permission for 61
regular visits of a routine nature. 62
(b) If permission is granted by the superintendent or 63
the school board, the superintendent or school board president 64
must inform the principal of the school where the sex offender 65
will be present. Notification includes the nature of the sex 66
offender's visit and the hours when the sex offender will be 67
present in the school, and the sex offender is responsible for 68
notifying the principal's office upon arrival and upon departure. 69
If the sex offender is to be present in the vicinity of children, 70
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the sex offender has the duty to remain under the direct 71
supervision of a school official. 72
(4) For the purposes of this section, the following terms 73
shall have the meanings ascribed unless the context clearly 74
requires otherwise: 75
(a) "First responder" means a paramedic, emergency 76
medical technician or other individual who, in the course of his 77
or her professional duties, responds to fire, medical, hazardous 78
material or other similar emergencies. "First responder" includes 79
an employee of a legally organized and recognized volunteer 80
organization, whether compensated or not. 81
( * * *b) "School" means a public or private preschool, 82
elementary school or secondary school. 83
( * * *c) "Loiter" means standing or sitting idly, 84
whether in or out of a vehicle, or remaining in or around school 85
property without a legitimate reason. 86
( * * *d) "School official" means the principal, a 87
teacher, any other certified employee of the school, the 88
superintendent of schools, or a member of the school board. 89
(5) A sex offender who violates this section is guilty of a 90
misdemeanor and subject to a fine not to exceed One Thousand 91
Dollars ($1,000.00), incarceration not to exceed six (6) months in 92
jail, or both. 93
(6) It is a defense to prosecution under this section that 94
the sex offender did not know and could not reasonably know that 95
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ST: Sex offenders; prohibit employment as first
responders without DPS approval.
the property or conveyance fell within the proscription of this 96
section. 97
(7) Nothing in this section shall be construed to infringe 98
upon the constitutional right of a sex offender to be present in a 99
school building that is used as a polling place for the purpose of 100
voting. 101
SECTION 2. This act shall take effect and be in force from 102
and after July 1, 2026. 103