Bill Text: MS HB1099 | 2022 | Regular Session | Engrossed

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Bill Title: Incarcerated offenders; prohibit from petitioning to change name and/or gender.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Failed) 2022-03-09 - Died On Calendar [HB1099 Detail]

Download: Mississippi-2022-HB1099-Engrossed.html

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MISSISSIPPI LEGISLATURE

2022 Regular Session

To: Judiciary B

By: Representatives Hale, Ford (54th), Ford (73rd), Goodin, Pigott

House Bill 1099

(As Passed the House)

AN ACT TO PROHIBIT PHYSICALLY INCARCERATED OFFENDERS FROM REQUESTING A NAME CHANGE OR GENDER TRANSITION; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  For purposes of this act, the following words shall have the meanings ascribed herein unless the context otherwise requires:

          (a)  "Biological sex" means the biological indication of male and female in the context of reproductive potential or capacity, such as sex chromosomes, naturally occurring sex hormones, gonads, and nonambiguous internal and external genitalia present at birth, without regard to an individual's psychological, chosen, or subjective experience of gender.

          (b)  "Change of name petition" means a petition to change the legal name of an individual.

          (c)  "Gender" means the psychological, behavioral, social and cultural aspects of being male or female.

          (d)  "Gender transition petition" means a petition to legally recognize an individual's transition from living as a gender that corresponds to his or her biological sex to identifying with and living as a gender different from his or her biological sex.  "Gender transition petition" may include a change of an individual's name.

          (e)  "Offender" means any physically incarcerated person convicted of a crime or offense under the laws and ordinances of the state and its political subdivisions or the laws and regulations of the federal government.

     SECTION 2.  (1)  (a)  Except as otherwise provided in subsection (2), no offender shall have standing to file a change of name or gender transition petition with the chancery court;

          (b)  Except as otherwise provided in subsection (2), no chancellor shall grant a change of name or gender transition petition for an offender; and

          (c)  Except as otherwise provided in subsection (2), no chancery clerk shall file a change of name or gender transition petition for an offender.

     (2)  A chancellor may change the name of an offender if:

          (a)  A district attorney files a change of name petition on behalf of an offender;

          (b)  A sheriff of a county in which a person is incarcerated files a change of name petition on behalf of an offender;

          (c)  The commissioner of the Mississippi Department of Corrections, or his or her designee, files a change of name petition on behalf of an offender; or

          (d)  A Mississippi Department of Corrections Chaplain files a change of name petition on behalf of an offender.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2022.