Capital sexual battery; create crime of.

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To: Judiciary, Division B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) England, Seymour, Sparks

SENATE BILL NO. 2821
(As Sent to Governor)

AN ACT TO REQUIRE A SEPARATE PROCEEDING ON THE ISSUE OF A 1
PENALTY FOR THE CRIME OF CAPITAL SEXUAL BATTERY; TO AMEND SECTION 2
97-3-101, MISSISSIPPI CODE OF 1972, TO CREATE THE CRIME OF CAPITAL 3
SEXUAL BATTERY; TO AUTHORIZE THE DEATH PENALTY; TO PROVIDE THAT IF 4
THE DEATH PENALTY IS NOT IMPOSED UNDER THIS ACT, THEN LIFE 5
IMPRISONMENT WITHOUT PAROLE SHALL BE IMPOSED; TO AMEND SECTIONS 6
47-7-3, 93-21-25 AND 99-3-7, MISSISSIPPI CODE OF 1972, TO CONFORM; 7
AND FOR RELATED PURPOSES. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 9
SECTION 1. (1) Intent. (a) The Legislature finds that a 10
person who commits a sexual battery upon, or in an attempt to 11
commit sexual battery injures the sexual organs of, a person less 12
than twelve (12) years of age carries a great risk of death and 13
danger to vulnerable members of this state. Such crimes destroy 14
the innocence of a young child and violate all standards of 15
decency held by civilized society. 16
(b) It is the intent of the Legislature that the 17
procedure in this section shall be followed, and a prosecutor must 18
file notice as provided in Section 97-3-101(5) if the prosecutor 19
intends to seek the death penalty. 20
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(2) Separate proceedings on issue of penalty. Upon 21
conviction or an adjudication of guilt of a defendant of a capital 22
felony under Section 97-3-101(5), the court shall conduct a 23
separate sentencing proceeding to determine whether the defendant 24
should be sentenced to death or life imprisonment as authorized by 25
Section 97-3-101(5). The proceeding shall be conducted by the 26
trial judge before the trial jury as soon as practicable. If, 27
through impossibility or inability, the trial jury is unable to 28
reconvene for a hearing on the issue of penalty, having determined 29
the guilt of the accused, the trial judge may summon a special 30
juror or jurors to determine the issue of the imposition of the 31
penalty. If the trial jury has been waived, or if the defendant 32
pleaded guilty, the sentencing proceeding shall be conducted 33
before a jury impaneled for that purpose, unless waived by the 34
defendant. In the proceeding, evidence may be presented as to any 35
matter that the court deems relevant to the nature of the crime 36
and the character of the defendant and shall include matters 37
relating to any of the aggravating factors enumerated in 38
subsection (7) of this section and for which notice has been 39
provided pursuant to Section 97-3-101(5) or mitigating 40
circumstances enumerated in subsection (8) of this section. Any 41
such evidence that the court deems to have probative value may be 42
received, regardless of its admissibility under the exclusionary 43
rules of evidence, provided the defendant is accorded a fair 44
opportunity to rebut any hearsay statements. However, this 45
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subsection may not be construed to authorize the introduction of 46
any evidence secured in violation of the United States 47
Constitution or the State Constitution. The state and the 48
defendant or the defendant's counsel shall be permitted to present 49
argument for or against a sentence of death. 50
(3) Findings and recommended sentence by the jury. This 51
subsection applies only if the defendant has not waived his or her 52
right to a sentencing proceeding by a jury. 53
(a) After hearing all of the evidence presented 54
regarding aggravating factors and mitigating circumstances, the 55
jury shall deliberate and determine if the state has proven, 56
beyond a reasonable doubt, the existence of at least two (2) 57
aggravating factors set forth in subsection (7) of this section. 58
(b) The jury shall return findings identifying each 59
aggravating factor found to exist. A finding that at least two 60
(2) aggravating factors exist must be unanimous. If the jury: 61
(i) Does not unanimously find at least two (2) 62
aggravating factors, the defendant is ineligible for a sentence of 63
death. 64
(ii) Unanimously finds at least two (2) 65
aggravating factors, the defendant is eligible for a sentence of 66
death, and the jury shall make a recommendation to the court as to 67
whether the defendant shall be sentenced to life imprisonment 68
without the possibility of parole or to death. The recommendation 69
shall be based on a weighing of all of the following: 70
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1. Whether sufficient aggravating factors 71
exist. 72
2. Whether aggravating factors exist which 73
outweigh the mitigating circumstances found to exist. 74
3. Based on the considerations in items 1. 75
and 2. of this subparagraph, whether the defendant should be 76
sentenced to life imprisonment without the possibility of parole 77
or to death. 78
(c) If at least eight (8) jurors determine that the 79
defendant should be sentenced to death, the jury's recommendation 80
to the court shall be a sentence of death. If fewer than eight 81
(8) jurors determine that the defendant should be sentenced to 82
death, the jury's recommendation to the court shall be a sentence 83
of life imprisonment without the possibility of parole. 84
(4) Imposition of sentence of life imprisonment or death. 85
(a) If the jury has recommended a sentence of: 86
(i) Life imprisonment without the possibility of 87
parole, the court shall impose the recommended sentence of life 88
imprisonment without the possibility of parole. 89
(ii) Death, the court, after considering each 90
aggravating factor found by the jury and all mitigating 91
circumstances, may impose a sentence of life imprisonment without 92
the possibility of parole or a sentence of death. The court may 93
consider only an aggravating factor that was unanimously found to 94
exist by the jury. The court may impose a sentence of death only 95
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if the jury unanimously found at least two (2) aggravating factors 96
beyond a reasonable doubt. 97
(5) Order of the court in support of sentence of life 98
imprisonment or death. In each case in which the court imposes a 99
sentence of life imprisonment without the possibility of parole or 100
a sentence of death, the court shall, considering the records of 101
the trial and the sentencing proceedings, enter a written order 102
addressing the aggravating factors set forth in subsection (7) of 103
this section found to exist, the mitigating circumstances in 104
subsection (8) of this section reasonably established by the 105
evidence, whether there are sufficient aggravating factors to 106
warrant the death penalty, and whether the aggravating factors 107
outweigh the mitigating circumstances reasonably established by 108
the evidence. The court shall include in its written order the 109
reasons for not accepting the jury's recommended sentence, if 110
applicable. If the court does not issue its order requiring the 111
death sentence within thirty (30) days after the rendition of the 112
judgment and sentence, the court shall impose a sentence of life 113
imprisonment without the possibility of parole in accordance with 114
Section 97-3-101(5). 115
(6) Review of judgment and sentence. The judgment of 116
conviction and sentence of death shall be subject to automatic 117
review by the Supreme Court and disposition rendered within two 118
(2) years after the filing of a notice of appeal. Such review by 119
the Supreme Court shall have priority over all other cases and 120
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shall be heard in accordance with rules adopted by the Supreme 121
Court. 122
(7) Aggravating Factors. Aggravating factors shall be 123
limited to the following: 124
(a) The capital felony was committed by a person 125
previously convicted of a felony violation under Section 97-3-101 126
and under sentence of imprisonment or placed on community control 127
or on felony probation. 128
(b) The defendant was previously convicted of another 129
capital felony or of a felony involving the use or threat of 130
violence to the person. 131
(c) The capital felony was committed by a sexual 132
offender who is required to register pursuant Chapter 33, Title 133
45, Mississippi Code of 1972, or a person previously required to 134
register as a sexual offender who had such requirement removed. 135
(d) The defendant knowingly created a great risk of 136
death to one or more persons such that participation in the 137
offense constituted reckless indifference or disregard for human 138
life. 139
(e) The defendant used a firearm or knowingly directed, 140
advised, authorized, or assisted another to use a firearm to 141
threaten, intimidate, assault, or injure a person in committing 142
the offense or in furtherance of the offense. 143
(f) The capital felony was committed for pecuniary 144
gain. 145
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(g) The capital felony was especially heinous, 146
atrocious, or cruel. 147
(h) The victim of the capital felony was particularly 148
vulnerable due to age or disability, or because the defendant 149
stood in a position of familial or custodial authority over the 150
victim. 151
(i) The capital felony was committed by a person 152
subject to an injunction issued pursuant to a domestic abuse 153
protection order, or a foreign protection order accorded full 154
faith and credit by this state, and was committed against the 155
petitioner who obtained the injunction or protection order or any 156
spouse, child, sibling, or parent of the petitioner. 157
(j) The victim of the capital felony sustained serious 158
bodily injury. 159
(8) Mitigating circumstances. Mitigating circumstances 160
shall include the following: 161
(a) The defendant has no significant history of prior 162
criminal activity. 163
(b) The capital felony was committed while the 164
defendant was under the influence of extreme mental or emotional 165
disturbance. 166
(c) The defendant was an accomplice in the capital 167
felony committed by another person, and the defendant's 168
participation was relatively minor. 169
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(d) The defendant was under extreme duress or under the 170
substantial domination of another person. 171
(e) The capacity of the defendant to appreciate the 172
criminality of her or his conduct or to conform his or her conduct 173
to the requirements of law was substantially impaired. 174
(f) The age of the defendant at the time of the 175
offense. 176
(g) The existence of any other factors in the 177
defendant's background that would mitigate against imposition of 178
the death penalty. 179
(9) Victim impact evidence. Once the prosecution has 180
provided evidence of the existence of two (2) or more aggravating 181
factors as described in subsection (7) of this section, the 182
prosecution may introduce and subsequently argue victim impact 183
evidence to the jury. Such evidence shall be designed to 184
demonstrate the victim's uniqueness as an individual human being 185
and the physical and psychological harm to the victim. 186
Characterizations and opinions about the crime, the defendant, and 187
the appropriate sentence may not be permitted as a part of victim 188
impact evidence. 189
(10) Constitutionality. A sentence of death shall be 190
imposed under this section notwithstanding existing case law, 191
which holds that such a sentence is unconstitutional under the 192
Mississippi Constitution of 1890 and the United States 193
Constitution. In any case for which the Mississippi Supreme Court 194
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or the United States Supreme Court reviews a sentence of death 195
imposed pursuant to this section, and in making such a review 196
reconsiders the prior holding in Kennedy v. Louisiana, 554 U.S. 197
407 (2008), and determines that a sentence of death remains 198
unconstitutional, the court having jurisdiction over the person 199
previously sentenced to death shall cause such person to be 200
brought before the court, and the court shall sentence such person 201
to life imprisonment as provided in Section 99-19-107. 202
(11) This section applies to any capital felony under 203
Section 97-3-101(5) which is committed on or after the effective 204
date of this act. 205
SECTION 2. Section 97-3-101, Mississippi Code of 1972, is 206
amended as follows: 207
97-3-101. (1) Every person who shall be convicted of sexual 208
battery under Section 97-3-95(1)(a), (b) or (2) shall be 209
imprisoned in the State Penitentiary for a period of not more than 210
thirty (30) years, and for a second or subsequent such offense 211
shall be imprisoned in the Penitentiary for not more than forty 212
(40) years. 213
(2) (a) Every person who shall be convicted of sexual 214
battery under Section 97-3-95(1)(c) who is at least eighteen (18) 215
but under twenty-one (21) years of age shall be imprisoned for not 216
more than five (5) years in the State Penitentiary or fined not 217
more than Five Thousand Dollars ($5,000.00), or both; 218
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(b) Every person who shall be convicted of sexual 219
battery under Section 97-3-95(1)(c) who is twenty-one (21) years 220
of age or older shall be imprisoned not more than thirty (30) 221
years in the State Penitentiary or fined not more than Ten 222
Thousand Dollars ($10,000.00), or both, for the first offense, and 223
not more than forty (40) years in the State Penitentiary for each 224
subsequent offense. 225
(3) Every person who shall be convicted of sexual battery 226
under Section 97-3-95(1)(d) who is eighteen (18) years of age or 227
older shall be imprisoned for life in the State Penitentiary or 228
such lesser term of imprisonment as the court may determine, but 229
not less than twenty (20) years. 230
(4) Every person who shall be convicted of sexual battery 231
who is thirteen (13) years of age or older but under eighteen (18) 232
years of age shall be sentenced to such imprisonment, fine or 233
other sentence as the court, in its discretion, may determine. 234
(5) (a) Every person who is eighteen (18) years of age or 235
older who shall be convicted of sexual battery upon, or in an 236
attempt to commit sexual battery injures the sexual organs of, a 237
person less than twelve (12) years of age commits a capital 238
felony, punishable as provided in Section 99-19-101 and Section 1 239
of this act. In all capital cases under this section, the 240
procedure set forth in Section 1 of this act shall be followed in 241
order to determine a sentence of death or life imprisonment. If 242
the prosecutor intends to seek the death penalty, the prosecutor 243
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must give notice to the defendant and file the notice with the 244
court within forty-five (45) days after arraignment. The notice 245
must contain a list of the aggravating factors the state intends 246
to prove and has reason to believe it can prove beyond a 247
reasonable doubt. The court may allow the prosecutor to amend the 248
notice upon a showing of good cause. 249
(b) For the purpose of this subsection and Section 1 of 250
this act, "sexual organs" means any organ involved in the act of 251
sexual penetration as defined in Section 97-3-97(a). 252
( * * *6) (a) Upon conviction under this section, the court 253
may issue a criminal sexual assault protection order prohibiting 254
the offender from any contact with the victim, without regard to 255
the relationship between the victim and offender. The court may 256
include in a criminal sexual assault protection order any relief 257
available under Section 93-21-15. The term of a criminal sexual 258
assault protection order shall be for a time period determined by 259
the court, but all orders shall, at a minimum, remain in effect 260
for a period of two (2) years following the expiration of any 261
sentence of imprisonment and subsequent period of community 262
supervision, conditional release, probation, or parole. Upon 263
issuance of a criminal sexual assault protection order, the clerk 264
of the issuing court shall enter the order in the Mississippi 265
Protection Order Registry within twenty-four (24) hours of 266
issuance with no exceptions for weekends or holidays as provided 267
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in Section 93-21-25, and a copy must be provided to both the 268
victim and offender. 269
(b) Criminal sexual assault protection orders shall be 270
issued on the standardized form developed by the Office of the 271
Attorney General. 272
(c) It is a misdemeanor to knowingly violate any 273
condition of a criminal sexual assault protection order. Upon 274
conviction for a violation, the defendant shall be punished by a 275
fine of not more than Five Hundred Dollars ($500.00) or by 276
imprisonment in the county jail for not more than six (6) months, 277
or both. Any sentence imposed for the violation of a criminal 278
sexual assault protection order shall run consecutively to any 279
other sentences imposed on the offender. The court may extend the 280
criminal sexual assault protection order for a period of one (1) 281
year for each violation. The incarceration of a person at the 282
time of the violation is not a bar to prosecution under this 283
section. Nothing in this subsection shall be construed to 284
prohibit the imposition of any other penalties or disciplinary 285
action otherwise allowed by law or policy. 286
SECTION 3. Section 47-7-3, Mississippi Code of 1972, is 287
amended as follows: 288
47-7-3. (1) Every prisoner who has been convicted of any 289
offense against the State of Mississippi, and is confined in the 290
execution of a judgment of such conviction in the Mississippi 291
Department of Corrections for a definite term or terms of one (1) 292
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year or over, or for the term of his or her natural life, whose 293
record of conduct shows that such prisoner has observed the rules 294
of the department, and who has served the minimum required time 295
for parole eligibility, may be released on parole as set forth 296
herein: 297
(a) Habitual offenders. Except as provided by Sections 298
99-19-81 through 99-19-87, no person sentenced as a confirmed and 299
habitual criminal shall be eligible for parole; 300
(b) Sex offenders. Any person who has been sentenced 301
for a sex offense as defined in Section 45-33-23(h) shall not be 302
released on parole except for a person under the age of nineteen 303
(19) who has been convicted under Section 97-3-67; 304
(c) Capital offenders. No person sentenced for the 305
following offenses shall be eligible for parole: 306
(i) Capital murder committed on or after July 1, 307
1994, as defined in Section 97-3-19(2); 308
(ii) Any offense to which an offender is sentenced 309
to life imprisonment under the provisions of Section 99-19-101 or 310
Section 1 of this act; or 311
(iii) Any offense to which an offender is 312
sentenced to life imprisonment without eligibility for parole 313
under the provisions of Section 99-19-101, whose crime was 314
committed on or after July 1, 1994; 315
(d) Murder. No person sentenced for murder in the 316
first degree, whose crime was committed on or after June 30, 1995, 317
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or murder in the second degree, as defined in Section 97-3-19, 318
shall be eligible for parole; 319
(e) Human trafficking. No person sentenced for human 320
trafficking, as defined in Section 97-3-54.1, whose crime was 321
committed on or after July 1, 2014, shall be eligible for parole; 322
(f) Drug trafficking. No person sentenced for 323
trafficking and aggravated trafficking, as defined in Section 324
41-29-139(f) through (g), shall be eligible for parole; 325
(g) Offenses specifically prohibiting parole release. 326
No person shall be eligible for parole who is convicted of any 327
offense that specifically prohibits parole release; 328
(h) (i) Offenders eligible for parole consideration 329
for offenses committed after June 30, 1995. Except as provided in 330
paragraphs (a) through (g) of this subsection, offenders may be 331
considered eligible for parole release as follows: 332
1. Nonviolent crimes. All persons sentenced 333
for a nonviolent offense shall be eligible for parole only after 334
they have served twenty-five percent (25%) or ten (10) years, 335
whichever is less, of the sentence or sentences imposed by the 336
trial court. For purposes of this paragraph, "nonviolent crime" 337
means a felony not designated as a crime of violence in Section 338
97-3-2. 339
2. Violent crimes. A person who is sentenced 340
for a violent offense as defined in Section 97-3-2, except robbery 341
with a deadly weapon as defined in Section 97-3-79, drive-by 342
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shooting as defined in Section 97-3-109, and carjacking as defined 343
in Section 97-3-117, shall be eligible for parole only after 344
having served fifty percent (50%) or twenty (20) years, whichever 345
is less, of the sentence or sentences imposed by the trial court. 346
Those persons sentenced for robbery with a deadly weapon as 347
defined in Section 97-3-79, drive-by shooting as defined in 348
Section 97-3-109, and carjacking as defined in Section 97-3-117, 349
shall be eligible for parole only after having served sixty 350
percent (60%) or twenty-five (25) years, whichever is less, of the 351
sentence or sentences imposed by the trial court. 352
3. Nonviolent and nonhabitual drug offenses. 353
A person who has been sentenced to a drug offense pursuant to 354
Section 41-29-139(a) through (d), whose crime was committed after 355
June 30, 1995, shall be eligible for parole only after he has 356
served twenty-five percent (25%) or ten (10) years, whichever is 357
less, of the sentence or sentences imposed. 358
(ii) Parole hearing required. All persons 359
eligible for parole under subparagraph (i) of this paragraph (h) 360
who are serving a sentence or sentences for a crime of violence, 361
as defined in Section 97-3-2, shall be required to have a parole 362
hearing before the Parole Board pursuant to Section 47-7-17, prior 363
to parole release. 364
(iii) Geriatric parole. Notwithstanding the 365
provisions in subparagraph (i) of this paragraph (h), a person 366
serving a sentence who has reached the age of sixty (60) or older 367
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and who has served no less than ten (10) years of the sentence or 368
sentences imposed by the trial court shall be eligible for parole. 369
Any person eligible for parole under this subparagraph (iii) shall 370
be required to have a parole hearing before the board prior to 371
parole release. No inmate shall be eligible for parole under this 372
subparagraph (iii) of this paragraph (h) if: 373
1. The inmate is sentenced as a habitual 374
offender under Sections 99-19-81 through 99-19-87; 375
2. The inmate is sentenced for a crime of 376
violence under Section 97-3-2; 377
3. The inmate is sentenced for an offense 378
that specifically prohibits parole release; 379
4. The inmate is sentenced for trafficking in 380
controlled substances under Section 41-29-139(f); 381
5. The inmate is sentenced for a sex crime; 382
or 383
6. The inmate has not served one-fourth (1/4) 384
of the sentence imposed by the court. 385
(iv) Parole consideration as authorized by the 386
trial court. Notwithstanding the provisions of paragraph (a) of 387
this subsection, any offender who has not committed a crime of 388
violence under Section 97-3-2 and has served twenty-five percent 389
(25%) or more of his sentence may be paroled by the State Parole 390
Board if, after the sentencing judge or if the sentencing judge is 391
retired, disabled or incapacitated, the senior circuit judge 392
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authorizes the offender to be eligible for parole consideration; 393
or if the senior circuit judge must be recused, another circuit 394
judge of the same district or a senior status judge may hear and 395
decide the matter. A petition for parole eligibility 396
consideration pursuant to this subparagraph (iv) shall be filed in 397
the original criminal cause or causes, and the offender shall 398
serve an executed copy of the petition on the District Attorney. 399
The court may, in its discretion, require the District Attorney to 400
respond to the petition. 401
(2) The State Parole Board shall, by rules and regulations, 402
establish a method of determining a tentative parole hearing date 403
for each eligible offender taken into the custody of the 404
Department of Corrections. The tentative parole hearing date 405
shall be determined within ninety (90) days after the department 406
has assumed custody of the offender. Except as provided in 407
Section 47-7-18, the parole hearing date shall occur when the 408
offender is within thirty (30) days of the month of his parole 409
eligibility date. Any parole eligibility date shall not be 410
earlier than as required in this section. 411
(3) Notwithstanding any other provision of law, an inmate 412
shall not be eligible to receive earned time, good time or any 413
other administrative reduction of time which shall reduce the time 414
necessary to be served for parole eligibility as provided in 415
subsection (1) of this section. 416
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(4) Any inmate within forty-eight (48) months of his parole 417
eligibility date and who meets the criteria established by the 418
classification board shall receive priority for placement in any 419
educational development and job-training programs that are part of 420
his or her parole case plan. Any inmate refusing to participate 421
in an educational development or job-training program, including, 422
but not limited to, programs required as part of the case plan, 423
shall be in jeopardy of noncompliance with the case plan and may 424
be denied parole. 425
(5) In addition to other requirements, if an offender is 426
convicted of a drug or driving under the influence felony, the 427
offender must complete a drug and alcohol rehabilitation program 428
prior to parole, or the offender shall be required to complete a 429
postrelease drug and alcohol program as a condition of parole. 430
(6) Except as provided in subsection (1)(a) through (h) of 431
this section, all other persons shall be eligible for parole after 432
serving twenty-five percent (25%) of the sentence or sentences 433
imposed by the trial court, or, if sentenced to thirty (30) years 434
or more, after serving ten (10) years of the sentence or sentences 435
imposed by the trial court. 436
(7) The Corrections and Criminal Justice Oversight Task 437
Force established in Section 47-5-6 shall develop and submit 438
recommendations to the Governor and to the Legislature annually on 439
or before December 1st concerning issues relating to juvenile and 440
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habitual offender parole reform and to review and monitor the 441
implementation of Chapter 479, Laws of 2021. 442
(8) The amendments contained in Chapter 479, Laws of 2021, 443
shall apply retroactively from and after July 1, 1995. 444
(9) Notwithstanding provisions to the contrary in this 445
section, a person who was sentenced before July 1, 2021, may be 446
considered for parole if the person's sentence would have been 447
parole eligible before July 1, 2021. 448
(10) This section shall stand repealed on July 1, 2027. 449
SECTION 4. Section 93-21-25, Mississippi Code of 1972, is 450
amended as follows: 451
93-21-25. (1) In order to provide a statewide registry for 452
protection orders and to aid law enforcement, prosecutors and 453
courts in handling such matters, the Attorney General is 454
authorized to create and administer a Mississippi Protection Order 455
Registry. The Attorney General's office shall implement policies 456
and procedures governing access to the registry by authorized 457
users, which shall include provisions addressing the 458
confidentiality of any information which may tend to reveal the 459
location or identity of a victim of domestic abuse. 460
(2) All orders issued pursuant to Sections 93-21-1 through 461
93-21-29, 97-3-7(11), 97-3-65(6) or 97-3-101( * * *6) will be 462
maintained in the Mississippi Protection Order Registry. It shall 463
be the duty of the clerk of the issuing court to enter all civil 464
and criminal domestic abuse protection orders and all criminal 465
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sexual assault protection orders, including any modifications, 466
amendments or dismissals of such orders, into the Mississippi 467
Protection Order Registry within twenty-four (24) hours of 468
issuance with no exceptions for weekends or holidays. A separate 469
copy of any order shall be provided to the sheriff's department 470
TAC officers of the county of the issuing court. The copy may be 471
provided in electronic format. Each qualifying protection order 472
submitted to the Mississippi Protection Order Registry shall be 473
automatically transmitted to the National Criminal Information 474
Center Protection Order File. Failure of the clerk to enter the 475
order into the registry or to provide a copy of the order to law 476
enforcement shall have no effect on the validity or enforcement of 477
an otherwise valid protection order. 478
Any information regarding the registration or issuance of a 479
civil or criminal domestic abuse protection order or a criminal 480
sexual assault protection order, or the filing of a petition for a 481
civil domestic abuse protection order which is maintained in the 482
Mississippi Protection Order Registry and would tend to reveal the 483
identity or location of the protected person(s) shall not 484
constitute a public record and shall be exempt from disclosure 485
pursuant to the Mississippi Public Records Act of 1983. This 486
information may be disclosed to appropriate law enforcement, 487
prosecutors or courts for protection order enforcement purposes. 488
SECTION 5. Section 99-3-7, Mississippi Code of 1972, is 489
amended as follows: 490
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99-3-7. (1) An officer or private person may arrest any 491
person without warrant, for an indictable offense committed, or a 492
breach of the peace threatened or attempted in his presence; or 493
when a person has committed a felony, though not in his presence; 494
or when a felony has been committed, and he has reasonable ground 495
to suspect and believe the person proposed to be arrested to have 496
committed it; or on a charge, made upon reasonable cause, of the 497
commission of a felony by the party proposed to be arrested. And 498
in all cases of arrests without warrant, the person making such 499
arrest must inform the accused of the object and cause of the 500
arrest, except when he is in the actual commission of the offense, 501
or is arrested on pursuit. 502
(2) Any law enforcement officer may arrest any person on a 503
misdemeanor charge without having a warrant in his possession when 504
a warrant is in fact outstanding for that person's arrest and the 505
officer has knowledge through official channels that the warrant 506
is outstanding for that person's arrest. In all such cases, the 507
officer making the arrest must inform such person at the time of 508
the arrest the object and cause therefor. If the person arrested 509
so requests, the warrant shall be shown to him as soon as 510
practicable. 511
(3) (a) Any law enforcement officer shall arrest a person 512
with or without a warrant when he has probable cause to believe 513
that the person has, within twenty-four (24) hours of such arrest, 514
knowingly committed a misdemeanor or felony that is an act of 515
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domestic violence or knowingly violated provisions of a criminal 516
domestic violence or sexual assault protection order issued 517
pursuant to Section 97-3-7(11), 97-3-65(6) or 97-3-101( * * *6) or 518
an ex parte protective order, protective order after hearing or 519
court-approved consent agreement entered by a chancery, circuit, 520
county, justice or municipal court pursuant to the Protection from 521
Domestic Abuse Law, Sections 93-21-1 through 93-21-29, Mississippi 522
Code of 1972, or a restraining order entered by a foreign court of 523
competent jurisdiction to protect an applicant from domestic 524
violence. 525
(b) If a law enforcement officer has probable cause to 526
believe that two (2) or more persons committed an act of domestic 527
violence as defined herein, or if two (2) or more persons make 528
complaints of domestic violence to the officer, the officer shall 529
attempt to determine who was the principal aggressor. The term 530
principal aggressor is defined as the party who poses the most 531
serious ongoing threat, or who is the most significant, rather 532
than the first, aggressor. The officer shall presume that arrest 533
is not the appropriate response for the person or persons who were 534
not the principal aggressor. If the officer affirmatively finds 535
more than one (1) principal aggressor was involved, the officer 536
shall document those findings. 537
(c) To determine which party was the principal 538
aggressor, the officer shall consider the following factors, 539
although such consideration is not limited to these factors: 540
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(i) Evidence from the persons involved in the 541
domestic abuse; 542
(ii) The history of domestic abuse between the 543
parties, the likelihood of future injury to each person, and the 544
intent of the law to protect victims of domestic violence from 545
continuing abuse; 546
(iii) Whether one (1) of the persons acted in 547
self-defense; and 548
(iv) Evidence from witnesses of the domestic 549
violence. 550
(d) A law enforcement officer shall not base the 551
decision of whether to arrest on the consent or request of the 552
victim. 553
(e) A law enforcement officer's determination regarding 554
the existence of probable cause or the lack of probable cause 555
shall not adversely affect the right of any party to independently 556
seek appropriate remedies. 557
(4) (a) Any person authorized by a court of law to 558
supervise or monitor a convicted offender who is under an 559
intensive supervision program may arrest the offender when the 560
offender is in violation of the terms or conditions of the 561
intensive supervision program, without having a warrant, provided 562
that the person making the arrest has been trained at the Law 563
Enforcement Officers' Training Academy established under Section 564
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45-5-1 et seq., or at a course approved by the Board on Law 565
Enforcement Officer Standards and Training. 566
(b) For the purposes of this subsection, the term 567
"intensive supervision program" means an intensive supervision 568
program of the Department of Corrections as described in Section 569
47-5-1001 et seq., or any similar program authorized by a court 570
for offenders who are not under jurisdiction of the Department of 571
Corrections. 572
(5) As used in subsection (3) of this section, the phrase 573
"misdemeanor or felony that is an act of domestic violence" shall 574
mean one or more of the following acts between current or former 575
spouses or a child of current or former spouses, persons living as 576
spouses or who formerly lived as spouses or a child of persons 577
living as spouses or who formerly lived as spouses, a parent, 578
grandparent, child, grandchild or someone similarly situated to 579
the defendant, persons who have a current or former dating 580
relationship, or persons who have a biological or legally adopted 581
child together: 582
(a) Simple or aggravated domestic violence within the 583
meaning of Section 97-3-7; 584
(b) Disturbing the family or public peace within the 585
meaning of Section 97-35-9, 97-35-11, 97-35-13 or 97-35-15; or 586
(c) Stalking within the meaning of Section 97-3-107. 587
(6) Any arrest made pursuant to subsection (3) of this 588
section shall be designated as domestic assault or domestic 589
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ST: Capital sexual battery; create crime of.
violence on both the arrest docket and the incident report. Any 590
officer investigating a complaint of a misdemeanor or felony that 591
is a crime of domestic violence who finds probable cause that such 592
an offense has occurred within the past twenty-four (24) hours 593
shall file an affidavit on behalf of the victim(s) of the crime, 594
regardless of whether an arrest is made within that time period. 595
If the crime is reported or investigated outside of that 596
twenty-four-hour period, the officer may file the affidavit on 597
behalf of the victim. In the event the officer does not file an 598
affidavit on behalf of the victim, the officer shall instruct the 599
victim of the procedure for filing on his or her own behalf. 600
(7) A law enforcement officer shall not be held liable in 601
any civil action for an arrest based on probable cause and in good 602
faith pursuant to subsection (3) of this section, or failure, in 603
good faith, to make an arrest pursuant to subsection (3) of this 604
section. 605
(8) The authority for the State Chief Deputy Fire Marshal 606
and deputy state fire marshals to make arrests shall be governed 607
by the provisions of Section 45-11-1. 608
SECTION 6. This act shall take effect and be in force from 609
and after July 1, 2026. 610