Registered sex offenders; prohibit from living in campus student housing.

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To: Universities and
Colleges; Judiciary, Division
A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Chism

SENATE BILL NO. 2605

AN ACT TO AMEND SECTION 45-33-25, MISSISSIPPI CODE OF 1972, 1
TO PROHIBIT REGISTERED SEX OFFENDERS FROM LIVING IN CAMPUS STUDENT 2
HOUSING OR IN A SORORITY OR FRATERNITY HOUSE AT A PUBLIC 3
UNIVERSITY OR COMMUNITY COLLEGE IN MISSISSIPPI; TO PROVIDE CIVIL 4
ENFORCEMENT PROVISIONS; AND FOR RELATED PURPOSES. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 6
SECTION 1. Section 45-33-25, Mississippi Code of 1972, is 7
amended as follows: 8
45-33-25. (1) (a) Any person having a permanent or 9
temporary residence in this state or who is employed or attending 10
school in this state who has been convicted of a registrable 11
offense in this state or another jurisdiction or who has been 12
acquitted by reason of insanity of a registrable offense in this 13
state or another jurisdiction shall register with the responsible 14
agency and the Mississippi Department of Public Safety. 15
Registration shall not be required for an offense that is not a 16
registrable sex offense or for an offender who is under fourteen 17
(14) years of age. The department shall provide the initial 18
registration information as well as every change of name, change 19
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of address, change of status at a school, or other change of 20
information as required by the department to the sheriff of the 21
county of the residence address of the registrant, the sheriff of 22
the county of the employment address, and the sheriff of the 23
county of the school address, if applicable, and any other 24
jurisdiction of the registrant through either written notice, 25
electronic or telephone transmissions, or online access to 26
registration information. Further, the department shall provide 27
this information to the Federal Bureau of Investigation. 28
Additionally, upon notification by the registrant that he intends 29
to reside outside the State of Mississippi, the department shall 30
notify the appropriate state law enforcement agency of any state 31
to which a registrant is moving or has moved. 32
(b) Any person having a permanent or temporary 33
residence or who is employed or attending school in this state who 34
has been adjudicated delinquent for a registrable sex offense 35
listed in this paragraph that involved use of force against the 36
victim shall register as a sex offender with the responsible 37
agency and shall personally appear at a facility designated by the 38
Mississippi Department of Public Safety, or in a manner of the 39
Department of Public Safety's choosing, including by electronic 40
means, within three (3) business days of registering with the 41
responsible agency: 42
(i) Section 97-3-71 relating to rape and assault 43
with intent to ravish; 44
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(ii) Section 97-3-95 relating to sexual battery; 45
(iii) Section 97-3-65 relating to statutory rape; 46
or 47
(iv) Conspiracy to commit, accessory to the 48
commission of, or attempt to commit any offense listed in this 49
paragraph. 50
(2) Any person required to register under this chapter shall 51
submit the following information at the time of registration: 52
(a) Name, including a former name which has been 53
legally changed; 54
(b) Street address of all current permanent and 55
temporary residences within state or out of state at which the sex 56
offender resides or habitually lives, including dates of temporary 57
lodgings. There is a presumption that a registrant owes a duty of 58
updating registration information if the registrant remains away 59
from a registered address for seven (7) or more aggregate days in 60
a six * * *-month period; 61
(c) Date, place and address of employment, including as 62
a volunteer or unpaid intern or as a transient or day laborer; 63
(d) Crime for which charged, arrested or convicted; 64
(e) Date and place of conviction, adjudication or 65
acquittal by reason of insanity; 66
(f) Aliases used or nicknames, ethnic or tribal names 67
by which commonly known; 68
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(g) Social security number and any purported social 69
security number or numbers; 70
(h) Date and place of birth and any purported date and 71
place of birth; 72
(i) Age, race, sex, height, weight, hair and eye 73
colors, and any other physical description or identifying factors; 74
(j) A brief description of the offense or offenses for 75
which the registration is required; 76
(k) Driver's license or state or other jurisdiction 77
identification card number, which license or card may be 78
electronically accessed by the Department of Public Safety; 79
(l) Anticipated future residence; 80
(m) If the registrant's residence is a motor vehicle, 81
trailer, mobile home or manufactured home, the registrant shall 82
also provide vehicle identification number, license tag number, 83
registration number and a description, including color scheme, of 84
the motor vehicle, trailer, mobile home or manufactured home; if 85
the registrant's place of residence is a vessel or houseboat, the 86
registrant shall also provide the hull identification number, 87
manufacturer's serial number, name of the vessel or houseboat, 88
registration number and a description, including color scheme, of 89
the vessel or houseboat, including permanent or frequent locations 90
where the motor vehicle, trailer, mobile home, manufactured home, 91
vessel or houseboat is kept; 92
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(n) Vehicle make, model, color and license tag number 93
for all vehicles owned or operated by the sex offender, whether 94
for work or personal use, and the permanent or frequent locations 95
where a vehicle is kept; 96
(o) Offense history; 97
(p) Photograph; 98
(q) Fingerprints and palm prints; 99
(r) Documentation of any treatment received for any 100
mental abnormality or personality disorder of the person; 101
(s) Biological sample; 102
(t) Name of any public or private educational 103
institution, including any secondary school, trade or professional 104
institution or institution of higher education at which the 105
offender is employed, carries on a vocation (with or without 106
compensation) or is enrolled as a student, or will be enrolled as 107
a student, and the registrant's status; 108
(u) Copy of conviction or sentencing order for the sex 109
offense for which registration is required; 110
(v) The offender's parole, probation or supervised 111
release status and the existence of any outstanding arrest 112
warrants; 113
(w) Every online identity, screen name or username 114
used, registered or created by a registrant; 115
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(x) Professional licensing information which authorizes 116
the registrant to engage in an occupation or carry out a trade or 117
occupation; 118
(y) Information from passport and immigration 119
documents; 120
(z) All telephone numbers, including, but not limited 121
to, permanent residence, temporary residence, cell phone and 122
employment phone numbers, whether landlines or cell phones; and 123
(aa) Any other information deemed necessary. 124
(3) For purposes of this chapter, a person is considered to 125
be residing in this state if he maintains a permanent or temporary 126
residence as defined in Section 45-33-23, including students, 127
temporary employees and military personnel on assignment. 128
(4) (a) A person required to register under this chapter 129
shall not reside within three thousand (3,000) feet of the real 130
property comprising a public or nonpublic elementary or secondary 131
school, a child care facility, a residential child-caring agency, 132
a children's group care home or any playground, ballpark or other 133
recreational facility utilized by persons under the age of 134
eighteen (18) years. 135
(b) A person residing within three thousand (3,000) 136
feet of the real property comprising a public or nonpublic 137
elementary or secondary school or a child care facility does not 138
commit a violation of this subsection if any of the following 139
apply: 140
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(i) The person is serving a sentence at a jail, 141
prison, juvenile facility or other correctional institution or 142
facility. 143
(ii) The person is subject to an order of 144
commitment under Title 41, Mississippi Code of 1972. 145
(iii) The person established the subject residence 146
before July 1, 2006. 147
(iv) The school or child care facility is 148
established within three thousand (3,000) feet of the person's 149
residence subsequent to the date the person established residency. 150
(v) The person established the subject residence 151
between July 1, 2006, and January 1, 2014, in a location at least 152
one thousand five hundred (1,500) feet from the school or child 153
care facility. 154
(vi) The person is a minor or a ward under a 155
guardianship. 156
(c) A person residing within three thousand (3,000) 157
feet of the real property comprising a residential child-caring 158
agency, a children's group care home or any playground, ballpark 159
or other recreational facility utilized by persons under the age 160
of eighteen (18) years does not commit a violation of this 161
subsection if any of the following apply: 162
(i) The person established the subject residence 163
before July 1, 2008. 164
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(ii) The residential child-caring agency, 165
children's group care home, playground, ballpark or other 166
recreational facility utilized by persons under the age of 167
eighteen (18) years is established within three thousand (3,000) 168
feet of the person's residence subsequent to the date the person 169
established residency. 170
(iii) The person established the subject residence 171
between July 1, 2008, and January 1, 2014, in a location at least 172
one thousand five hundred (1,500) feet from the residential 173
child-caring agency, children's group care home, playground, 174
ballpark or other recreational facility utilized by persons under 175
the age of eighteen (18) years. 176
(iv) Any of the conditions described in subsection 177
(4)(b)(i), (ii) or (vi) exist. 178
(5) Any person required to register under this section is 179
prohibited from living in campus student housing, including a 180
sorority or fraternity house, at an institution of higher learning 181
or community college supported in whole or in part by the State of 182
Mississippi. 183
(6) Civil liability: 184
(a) A person may assert a violation of subsection (5) 185
of this section as a claim or defense in a judicial or 186
administrative proceeding and obtain compensatory damages, 187
punitive damages, injunctive relief, declaratory relief or any 188
other appropriate relief. Such claim may be brought against any 189
S. B. No. 2605 *SS36/R1143* ~ OFFICIAL ~
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ST: Registered sex offenders; prohibit from
living in campus student housing.
applicable governmental entity for each building under its 190
ownership, control or lease which caused or contributed to a 191
violation of this subsection (6). 192
(b) A person under eighteen (18) years of age may bring 193
an action throughout his or her minority through a parent or next 194
friend and may bring an action in his or her own name upon 195
reaching the age of majority. 196
(c) Notwithstanding any other provision of law, an 197
action under this subsection (6) may be commenced, and relief may 198
be granted, in a judicial proceeding without regard to whether the 199
person commencing the action has sought or exhausted available 200
administrative remedies. 201
(d) In any action or proceeding to enforce a provision 202
of this subsection (6), a prevailing party who establishes a 203
violation of this subsection (6) shall recover reasonable 204
attorney's fees. 205
( * * *7) The Department of Public Safety is required to 206
obtain the text of the law defining the offense or offenses for 207
which the registration is required. 208
SECTION 2. This act shall take effect and be in force from 209
and after July 1, 2027. 210