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Mississippi Statutes, Title 45

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Mississippi/Statutes

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Title 45, Public Safety and Good Order

35 chapters · 439 sections in this title.

All chapters in Title 45439 Ch 11, Fire Protection Regulations, Fire Pr…50 Ch 1, Department of Public Safety36 Ch 14, Radiation Protection Program31 Ch 3, Highway Safety Patrol30 Ch 23, Boiler and Pressure Vessel Safety30 Ch 33, Registration of Sex Offenders28 Ch 9, Weapons20 Ch 35, Identification Cards and Digital Wallet19 Ch 45, Mississippi Conveyance Safety Act19 Ch 43, William Lee Montjoy Pool Safety Act16 Ch 27, Mississippi Justice Information Center14 Ch 6, Law Enforcement Officers Training Pr…13 Ch 13, Fireworks and Explosives13 Ch 7, County Patrol Officers12

439 sections·Filtered byTitle 45✕

Miss. Code Ann. § 45-27-11 Review or challenge of criminal offender records; correction of errors in records
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The center shall make a person’s criminal records available for inspection by him or his attorney upon written request. Prior to inspection, the person must submit a set of fingerprints, sign a written authorization for the records check, and provide any other identifying informa…
Miss. Code Ann. § 45-27-12 Dissemination of certain criminal history record information for noncriminal justice purposes
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(1) State conviction information and arrest information which is contained in the center’s database or the nonexistence of such information in the center’s database shall be made available for the following noncriminal justice purposes:(a) To any local, state or federal governmen…
Miss. Code Ann. § 45-27-13 Penalties
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(1) Any person who knowingly requests, obtains or attempts to obtain criminal history record information and other information maintained in the center’s network under false pretenses or who misuses criminal history record information or information maintained in the center’s net…
Miss. Code Ann. § 45-27-15 Provisions to be controlling; juvenile offenders; maintenance and dissemination of more detailed information

Showing 301–350 of 439

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(1) In the event of conflict, this chapter shall to the extent of the conflict supersede all existing statutes which regulate, control or otherwise relate, directly or by implication, to the collection, storage and dissemination or usage of fingerprint identification, offender cr…

Miss. Code Ann. § 45-27-17 Counties, municipalities and users of network authorized to pay pro rata cost of justice information center

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All boards of supervisors, municipal authorities of the state and other users of the network are hereby authorized to appropriate and pay, in their discretion, to the Department of Public Safety such sum as may be assessed against said county or municipality or user agency as the…

Miss. Code Ann. § 45-27-19 Exemption of records

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(1) Unless specifically authorized by law, records maintained by the center shall be exempt from the provisions of the Mississippi Public Records Act of 1983. (2) Intelligence and investigative files maintained by law enforcement shall be kept separate from criminal history recor…

Miss. Code Ann. § 45-27-21 Database of all expunction and nonadjudication orders created; accessibility to database

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A certified copy of every expunction and nonadjudication order shall be sent by the circuit clerk to the Mississippi Criminal Information Center where it shall be maintained in a separate confidential database accessible only upon written request by a district attorney, a county …

Miss. Code Ann. § 45-27-23 Approval and ratification of National Crime Prevention and Privacy Compact; repository of criminal history records; compact officer

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(1) In order to facilitate the authorized interstate exchange of criminal history information for noncriminal justice purposes, including, but not limited to, background checks for the licensing and screening of employees and volunteers under the National Child Protection Act of …

Miss. Code Ann. § 45-27-3 Definitions

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(a) For the purposes of this chapter, the following words shall have the meanings ascribed to them in this section unless the context requires otherwise:(a) “Criminal justice agencies” means public agencies at all levels of government which perform as their principal function act…

Miss. Code Ann. § 45-27-5 Mississippi Justice Information System established; director; personnel

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(1) There is hereby established within the Mississippi Department of Public Safety a system for the communication of vital information relating to crimes, criminals and criminal activity to be known as the Mississippi Justice Information Center. Central responsibility for the dev…

Miss. Code Ann. § 45-27-7 Duties and functions of the Justice Information Center

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(1) The Mississippi Justice Information Center shall:(a) Develop, operate and maintain an information system which will support the collection, storage, retrieval and dissemination of all data described in this chapter, consistent with those principles of scope, security and resp…

Miss. Code Ann. § 45-27-8 Mississippi Justice Information Center authorized to charge fees for services and reports

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The center, by direction of the Commissioner of the Department of Public Safety, shall establish and collect fees reasonably calculated to reimburse the center for the actual cost of searching, reviewing, duplicating and mailing records or information of any kind maintained by th…

Miss. Code Ann. § 45-27-9 Submission of data to center by criminal justice agencies; center to promptly purge records upon receipt of lawful expunction order; random review of certain agencies' or clerks' records by PEER committee; new or upgraded computerized records management systems to be formatted to Department of Justice approved format; implementation of incident-based reporting system within law enforcement agencies

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(1) All criminal justice agencies within the state shall submit to the center an arrest card that will transmit fingerprints, descriptions, photographs (when specifically requested), and other identifying data on persons who have been lawfully arrested or taken into custody in th…

Miss. Code Ann. § 45-33-21 Legislative findings and declaration of purpose

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The Legislature finds that the danger of recidivism posed by criminal sex offenders and the protection of the public from these offenders is of paramount concern and interest to government. The Legislature further finds that law enforcement agencies’ efforts to protect their comm…

Miss. Code Ann. § 45-33-23 Definitions

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(a) For the purposes of this chapter, the following words shall have the meanings ascribed herein unless the context clearly requires otherwise:(a) “Conviction” means that, regarding the person’s offense, there has been a determination or judgment of guilt as a result of a trial …

Miss. Code Ann. § 45-33-25 Registration with Mississippi Department of Public Safety of persons convicted of or acquitted by reason of insanity of registrable offenses residing, employed or attending school in Mississippi; registration information; prohibition against registered sex offenders living within specified distance of schools, certain child care facilities or agencies or playgrounds or other recreational facilities utilized by children

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(1) (a) Any person having a permanent or temporary residence in this state or who is employed or attending school in this state who has been convicted of a registrable offense in this state or another jurisdiction or who has been acquitted by reason of insanity of a registrable o…

Miss. Code Ann. § 45-33-26 Prohibition against sex offender being present in or within a certain distance of school building or school property or in or about any public beach or public campground where minor children congregate; exemptions; penalties

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(1) (a) Unless exempted under subsection (2), it is unlawful for a person required to register as a sex offender under Section 45-33-25:(i) To be present in any school building, on real property comprising any school, or in any conveyance owned, leased or contracted by a school t…

Miss. Code Ann. § 45-33-27 Time frame and place for registration of offenders

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(1) A person required to register on the basis of a conviction, adjudication of delinquency or acquittal by reason of insanity entered shall register with the responsible agency within three (3) business days of the date of judgment unless the person is immediately confined or co…

Miss. Code Ann. § 45-33-28 Notification of emergency shelter management of person’s sex offender status upon entering shelter during declaration of emergency; notification of law enforcement officials of presence of sex offender in shelter

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(1) Notwithstanding any other provision of the law to the contrary, during a declaration of emergency, any person who has been required to register as a sex offender as provided in this chapter who enters an emergency shelter, within the first twenty-four (24) hours of admittance…

Miss. Code Ann. § 45-33-29 Address change notification; change in enrollment, employment or vocation status at any educational institution; change of employment or name; change of vehicle information; change of e-mail address or other designation used in Internet communications

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(1) Upon any change of address, including temporary lodging, an offender required to register under this chapter is required to personally appear at a facility designated by the Department of Public Safety, or in a manner of the Department of Public Safety’s choosing, including b…

Miss. Code Ann. § 45-33-30 Name change prohibited with certain exception

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It shall be unlawful for a person required to register under this chapter to change his or her name except when his or her name changed as a result of marriage or divorce. A certified copy of a marriage certificate or divorce decree shall be required to receive the name change ex…

Miss. Code Ann. § 45-33-31 Reregistration

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(1) (a) Registrants who are in compliance with a program of electronic monitoring under this chapter are required to reregister annually.(b) All other registrants are required to personally appear at a facility designated by the Department of Public Safety, or in a manner of the …

Miss. Code Ann. § 45-33-32 Disclosure by sex offenders volunteering for organizations serving minors under the age of 18

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(1) A person convicted of a sex offense who volunteers for an organization in which volunteers have direct, private and unsupervised contact with minors under the age of eighteen (18) shall notify the organization of the person’s conviction at the time of volunteering. Such notif…

Miss. Code Ann. § 45-33-33 Failure to register; reregister or comply with electronic monitoring; violations of chapter; penalties and enforcement

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(1) (a) The failure of an offender to personally appear at a facility designated by the Department of Public Safety, or in a manner of the Department of Public Safety’s choosing, including by electronic means, or to provide any registration or other information, including, but no…

Miss. Code Ann. § 45-33-34 Notification to the Department of Public Safety regarding reincarceration or commitment of registered sex offender

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(1) The Department of Corrections and all law enforcement agencies shall notify the department when a registered sex offender is arrested or incarcerated for another offense or as the result of having violated probation, parole, conditional discharge or other sentence or court or…

Miss. Code Ann. § 45-33-35 Central registry of offenders; duties of agencies to provide information

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(1) The Mississippi Department of Public Safety shall maintain a central registry of sex offender information as defined in Section 45-33-25 and shall adopt rules and regulations necessary to carry out this section. The responsible agencies shall provide the information required …

Miss. Code Ann. § 45-33-36 Duty of Department of Public Safety to provide sex offender registration information; notification to residents

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(1) Upon receipt of sex offender registration or change of registration information, the Department of Public Safety shall immediately provide the information to:(a) The National Sex Offender Registry or other appropriate databases;(b) The sheriff of the county and the chief law …

Miss. Code Ann. § 45-33-37 DNA identification system; convicted sex offender to submit biological sample for purposes of DNA identification analysis

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(1) The Mississippi Forensics Laboratory shall develop a plan for and establish a deoxyribonucleic acid (DNA) identification system. In implementing the plan, the Mississippi Forensics Laboratory shall purchase the appropriate equipment. The DNA identification system as establish…

Miss. Code Ann. § 45-33-39 Notification to defendant charged with sex offense; notice included on any guilty plea form and judgement and sentence forms

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(1) The court shall provide written notification to any defendant charged with a sex offense as defined by this chapter of the registration requirements of Sections 45-33-25 and 45-33-31. Such notice shall be included on any guilty plea forms and judgment and sentence forms provi…

Miss. Code Ann. § 45-33-41 Notification to inmates and offenders by Department of Corrections, county or municipal jails, and juvenile detention facilities; victim notification

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(1) The Department of Corrections or any person having charge of a county or municipal jail or any juvenile detention facility shall provide written notification to an inmate or offender in the custody of the jail or other facility due to a conviction of or adjudication for a sex…

Miss. Code Ann. § 45-33-43 Written notification to applicants for certain driver’s licenses; written acknowledgment by applicant of receipt of notification

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At the time a person surrenders a driver’s license from another jurisdiction or makes an application for a driver’s license, temporary driving permit, commercial driver’s license or identification card issued under Section 45-35-3, the department shall provide the applicant with …

Miss. Code Ann. § 45-33-45 Data monitoring and alert system for certain persons required to be monitored

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(1) The Department of Corrections may enter into a contract with a qualified vendor experienced in and capable of fulfilling the requirements of this section on a daily basis to provide a data monitoring and alert system for persons who are required to be monitored under this cha…

Miss. Code Ann. § 45-33-47 Petition for relief from duty to register; grounds; minimum period of continuing registration based on three-tier classification of offenses; certain offenders subject to lifetime registration; certain offenders subject to electronic monitoring

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(1) A sex offender with a duty to register under Section 45-33-25 shall only be relieved of the duty under subsection (2) of this section. (2) A person required to register for a registrable sex offense under Section 45-33-25 may petition the circuit court of the sentencing juris…

Miss. Code Ann. § 45-33-49 Disclosure to public; guidelines for sheriffs as to notification; certain registry information to be available online; participation in Dru Sjodin National Sex Offender Public website; notification of schools and day care centers

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(1) Records maintained pursuant to this chapter shall be open to law enforcement agencies which shall be authorized to release relevant and necessary information regarding sex offenders to the public. (2) The identity of a victim of an offense that requires registration under thi…

Miss. Code Ann. § 45-33-51 Misuse of information; penalties

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(1) Any person who willfully misuses or alters public record information relating to a sex offender or sexual predator, or a person residing or working at an address reported by a sex offender, including information displayed by law enforcement agencies on web sites, shall be gui…

Miss. Code Ann. § 45-33-53 Immunity from civil liability; immunity for exercise of discretion under chapter

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(1) An elected public official, public employee, or public agency is immune from civil liability for damages for any discretionary decision to release relevant and necessary information unless it is shown that the official, employee, or agency acted with gross negligence or in ba…

Miss. Code Ann. § 45-33-55 Exemptions for expunction

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Except for juvenile criminal history information that has been sealed by order of the court, this chapter exempts sex offenses from laws of this state or court orders authorizing the destroying, expunging, purging or sealing of criminal history records to the extent such informat…

Miss. Code Ann. § 45-33-57 Fees

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(1) The Department of Public Safety may adopt regulations to establish fees to be charged for information requests under this chapter. (2) The Department of Public Safety may adopt regulations to establish fees to be charged to registrants for registration, reregistration, and ve…

Miss. Code Ann. § 45-33-59 Sex offenders employed in positions with direct, private and unsupervised contact with minors under the age of 18 required to notify employers in writing of sex offender status; notification to parents or guardians; applicability of section

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(1) (a) Any person convicted of a sex offense who is employed in any position, or who contracts with a person to provide personal services, where the employee or contractor will have direct, private and unsupervised contact with minors under the age of eighteen (18) shall notify …

Miss. Code Ann. § 45-33-61 Access to Administrative Office of Courts’ youth court data management system by sex offenders prohibited. [Repealed effective July 1, 2029]

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(1) A person convicted of a sex offense shall not access the Administrative Office of Courts’ youth court data management system as defined under Section 43-21-105(mm). (2) This section applies to all registered sex offenders without regard to the date of conviction for a registr…

Miss. Code Ann. § 45-33-63 Carly's Law; certain future contact by registered sex offender with victim of the registerable offense prohibited; exception; penalties

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(1) Except as otherwise provided in this section, it is unlawful for a person required to register as a sex offender under Section 45-33-25 to do or commit any of the following actions with respect to the victim of the offense triggering the duty to register under this chapter:(a…

Miss. Code Ann. § 45-34-1 Definitions

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(a) For purposes of this chapter, unless the context requires otherwise, the following terms shall have the meanings ascribed herein:(a) “Conviction” means a judgment entered by a Mississippi court upon a plea of guilty, a plea of nolo contendere, or a finding of guilt by a jury …

Miss. Code Ann. § 45-34-11 Promulgation of rules

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The department shall promulgate rules in accordance with the Mississippi Administrative Procedures Law, Title 25, Chapter 43, Mississippi Code of 1972, to effectuate the purposes of this chapter .

Miss. Code Ann. § 45-34-3 Online, publicly accessible registry contents; removal of offender from registry

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(1) The department shall post a publicly accessible registry online of all offenders by July 1, 2024. (2) (a) The list must include the offender’s full legal name, any aliases by which the offender is or has been known, including any online or internet identifiers and the offende…

Miss. Code Ann. § 45-34-5 Registry disclaimer; civil immunity

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(1) The department shall maintain the registry on the internet, which shall contain a disclaimer informing the public that:(a) The information contained on the website is obtained from public records, and the department does not guarantee the website’s accuracy or completeness;(b…

Miss. Code Ann. § 45-34-7 Responsible agency to forward to department copy of conviction, sentencing order, and certain personal information about the offender convicted of registrable offense

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Upon the entry of the order sentencing the offender to probation or parole or upon the date of release of the offender from the physical custody of the responsible agency, the responsible agency shall forward the department a copy of the conviction, sentencing order, name, sex an…

Miss. Code Ann. § 45-34-9 Timing of offender’s registration; responsible agency to forward registration information to department

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An offender required to register on the basis of a conviction entered shall register with the responsible agency within thirty (30) business days of the date of judgment unless the offender is immediately confined or committed, in which case the offender shall register before rel…

Miss. Code Ann. § 45-35-1 Definitions

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(a) For the purposes of this article the following words shall have the meanings herein ascribed unless the context clearly requires otherwise:(a) “Department” means the Department of Public Safety;(b) “Commissioner” means the Commissioner of Public Safety; and(c) “Identification…

Miss. Code Ann. § 45-35-11 Form

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All identification cards shall be centrally issued by the department, adequately describe the registrant, bear a color photograph of the registrant, and include other such identifying data as required by Section 45-35-5.

Miss. Code Ann. § 45-35-13 Unlawful use of cards; penalties

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(1) No person shall:(a) Display, or cause or permit to be displayed, or have in his possession, any cancelled, fictitious, fraudulently altered or fraudulently obtained identification cards;(b) Lend an identification card to any person or knowingly permit the use thereof by anoth…