HB 861 — Sexual offense; provide immunity for reporting.

861 (As Sent to Governor) AN ACT TO AMEND SECTIONS 97-31-55 AND 41-29-149.1, MISSISSIPPI CODE OF 1972, TO PROVIDE IMMUNITY FOR THOSE WHO REPORT SEXUAL ABUSE;

861 *HR43/R1183**HR43/R1183SG* ~ OFFICIAL ~ G1/2 25/HR43/R118325/HR43/R1183SG PAGE 1 (GT\KP) and surrounding circumstances, reasonably believes that all of the following apply:

or (ii) Assistance from a medical provider or a law enforcement officer for a sexual offense or sought to report a sexual offense;

and (b) The personperson: * * * provided a full name to be identified and thereafter cooperated with medical providers or law enforcement officers, including furnishing any requested information, unless the person lacked capacity to cooperate.

((i) *Provided *his *3)full Aname personand who meets the criteria of subsection * * * (2) of this section shall be immune from criminal prosecution for any offenseother relatedrelevant solelyinformation torequested by the possessionpeace andofficer; consumption of alcohol.

(and *(ii) *For *4)persons Aunder personparagraph shall(a)(i) notof initiate or maintain an action against a peace officer or the employing state agency or political subdivision based on the officer's compliance or failure to comply with this section.subsection, 1.

SECTIONRemained 2.at the scene with the individual who reasonably appeared to be in need of medical assistance due to alcohol consumption until emergency medical assistance arrived;

Sectionand 41-29-149.1,* Mississippi* Code*2. of 1972, is amended as follows:

Cooperated with emergency medical assistance personnel and peace officers at the scene;

and (c) The evidence for an offense involving alcohol was obtained as a result of the individual's actions under subsection (2)(a) of this section.

861 *HR43/R1183**HR43/R1183SG* ~ OFFICIAL ~ 25/HR43/R118325/HR43/R1183SG PAGE 2(GT\KP) 41-29-149.1.( * * *3) A person who meets the criteria of subsection ( * * *2) of this section shall be immune from criminal prosecution for any offense related solely to the possession and consumption of alcohol.

(4) A person's pretrial release, probation, supervised release, or parole shall not be revoked based on an incident for which the person would be immune from prosecution under subsection (3) of this section.

( * * *5) A person shall not initiate or maintain an action against a peace officer or the employing state agency or political subdivision based on the officer's compliance or failure to comply with this section.

SECTION 2.

Section 41-29-149.1, Mississippi Code of 1972, is amended as follows:

41-29-149.1.

(a) "Drug overdose" means an acute condition, including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, mania, or death, resulting from the consumption or use of a controlled substance or dangerous drug in violation of this chapter or that a layperson would reasonably believe to be resulting from the consumptionH. or use of a controlled substance or dangerous drug for which medical assistance is required.

B.

No.

861 *HR43/R1183SG* ~ OFFICIAL ~ 25/HR43/R1183SG PAGE 3(GT\KP) consumption or use of a controlled substance or dangerous drug for which medical assistance is required.

or H.(iii) A violation of Section 41-29-139(d)(2) relating to possession and use of paraphernalia.

B.

No.

861 *HR43/R1183* ~ OFFICIAL ~ 25/HR43/R1183 PAGE 3(GT\KP) (iii) A violation of Section 41-29-139(d)(2) relating to possession and use of paraphernalia.

(d) "Person""Seeks includesmedical aassistance" victimmeans ofaccesses or assists in accessing the E-911 system or otherwise contacts or assists in contacting law enforcement or a witnesspoison control center or provides care to a sexualperson offense.experiencing or believed to be H.

( * * *e) "Seeks medical assistance" means accesses or assists in accessing the E-911 system or otherwise contacts or assists in contacting law enforcement or a poison control center or provides care to a person experiencing or believed to be experiencing a drug overdose while awaiting the arrival of medical assistance to aid the person.

(f) "Sexual offense" means any alleged violation of Section 97-3-65, 97-3-95, 97-5-23, 97-5-24, 97-5-41, 97-29-3 or 97-29-7, whether or not a civil or criminal action arises as a result of the alleged violation.

(3) (a) Any person who in good faith seeks medical assistance for someone who is experiencing a drug overdose shall not be arrested, charged, or prosecuted for a drug violation if there is evidence that the person is under the influence of a H.

861 *HR43/R1183**HR43/R1183SG* ~ OFFICIAL ~ 25/HR43/R118325/HR43/R1183SG PAGE 4(GT\KP) controlledexperiencing substancea ordrug inoverdose possessionwhile ofawaiting athe controlledarrival substanceof asmedical referencedassistance into subsectionaid (2)(b)the ofperson. this section.

(e) "Sexual offense" means any alleged violation of Section 97-3-65, 97-3-95, 97-5-23, 97-5-24, 97-5-41, 97-29-3 or 97-29-7, whether or not a civil or criminal action arises as a result of the alleged violation.

(3) (a) Any person who in good faith seeks medical assistance for someone who is experiencing a drug overdose shall not be arrested, charged, or prosecuted for a drug violation if there is evidence that the person is under the influence of a controlled substance or in possession of a controlled substance as referenced in subsection (2)(b) of this section.

(c) AAny person shallwho alsoin good faith seeks medical assistance for or reports a sexual offense shall not be subjectarrested, to,charged, or prosecuted for a drug violation if relatedthere tois evidence that the seekingperson is or was under the influence of medicala assistance:controlled substance or in possession of a controlled substance as referenced in subsection (2)(b) of this section at the time of the sexual H.

B.

No.

861 *HR43/R1183SG* ~ OFFICIAL ~ 25/HR43/R1183SG PAGE 5(GT\KP) offense or the request of assistance for or report of the sexual offense.

( * * *d) A person shall also not be subject to, if related to the seeking of medical assistance:

(a) To limit the admissibility of any evidence in connection with the investigation or prosecution of a crime with regard to a defendant who does not qualify for the protections of subsection (3) of this section or with regard to other crimes H.committed by a person who otherwise qualifies for protection pursuant to subsection (3) of this section;

B.

No.

861 *HR43/R1183* ~ OFFICIAL ~ 25/HR43/R1183 PAGE 5(GT\KP) committed by a person who otherwise qualifies for protection pursuant to subsection (3) of this section;