Bill Amendment: MS SB2680 | 2017 | Regular Session
Bill Title: Abused and neglected children; clarify alternative of relative care.
Status: 2017-04-13 - Approved by Governor [SB2680 Detail]
Download: Mississippi-2017-SB2680-House_Amendment_No_1_to_Amendment_No_1.html
Adopted
AMENDMENT NO 1 TO AMENDMENT NO 1 PROPOSED TO
Senate Bill No. 2680
BY: Representative Gipson
AMEND after line 832 by inserting the following new section and renumbering the succeeding section:
"Section 6. (1) In addition to or in lieu of any other reason that a divorce for the cause of habitual cruel and inhuman treatment may be granted to an injured party pursuant to the seventh cause provided under Section 93-5-1, a divorce on such ground may be granted to the injured party as follows:
(a) Abusive Physical Conduct. A divorce for the cause of habitual cruel and inhuman treatment may be decreed to the injured party where one or more incidents of the following abusive physical conduct is established through the reliable testimony of one or more credible witnesses, any of whom may be the injured party: (i) that the injured party’s spouse attempted to cause, or purposely, knowingly or recklessly caused bodily injury to the injured party; or (ii) that the injured party’s spouse attempted by physical menace to put the injured party in fear of imminent serious bodily harm.
(b) Abusive Non-Physical Conduct. In addition to the foregoing subsection, a divorce for the cause of habitual cruel and inhuman treatment may also be decreed to the injured party where a pattern of abusive non-physical conduct of any one or more of the following is established through the reliable testimony of one or more credible witnesses, any of whom may be the injured party: that the injured party’s spouse engaged in a pattern against the injured party of (i) threats and/or intimidation, (ii) emotional and/or verbal abuse, (iii) forced isolation, (iv) sexual extortion and/or sexual abuse, (v) stalking and/or aggravated stalking as defined in Section 97-3-107, and/or (vi) economic or financial abuse; provided that any such established pattern of the foregoing shall be shocking to the conscience of a reasonable person.
(2)Standard of Proof. For purposes of subsection (1) of this section, the standard of proof shall be:
(a) Clear and convincing evidence when there is only the reliable testimony of a single credible witness, which may be the injured party presented to the court; or
(b) Preponderance of the evidence when the reliable testimony of a single credible witness, which may be the injured party, is corroborated by other credible physical or forensic evidence presented to the court.
