Bill Text: MS HB1427 | 2026 | Regular Session | Introduced
Bill Title: "MS Anti-Lynching Act"; create.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2026-02-03 - Died In Committee [HB1427 Detail]
Download: Mississippi-2026-HB1427-Introduced.html
MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Judiciary B
By: Representative Karriem
House Bill 1427
AN ACT TO CREATE THE "MISSISSIPPI ANTI-LYNCHING ACT"; TO DEFINE LYNCHING AS A DISCRIMINATORY KILLING COMMITTED BY TWO OR MORE PERSONS UNDER THE PRETEXT OF ADMINISTERING JUSTICE FOR AN ALLEGED OFFENSE; TO CREATE THE STANDALONE FELONY OFFENSE OF LYNCHING PUNISHABLE BY LIFE IMPRISONMENT WITHOUT ELIGIBILITY FOR PAROLE; TO PROVIDE FOR THE FELONY OFFENSE OF ATTEMPTED LYNCHING WITH A MANDATORY MINIMUM SENTENCE; TO PROVIDE FOR AIDING AND ABETTING, ORGANIZING OR INCITING, AND CONSPIRACY; TO ESTABLISH DISCRIMINATORY DEATH TRIGGERS AND MANDATORY INVESTIGATIVE PROTOCOLS; TO REQUIRE APPOINTMENT OF AN INDEPENDENT PROSECUTOR BY DEFAULT; TO REQUIRE MANDATORY REPORTING BY LOCAL AGENCIES TO THE MISSISSIPPI DEPARTMENT OF PUBLIC SAFETY AND THE OFFICE OF THE ATTORNEY GENERAL; TO REQUIRE A UNIFORM STATEWIDE TRACKING DATABASE AND ANNUAL REPORTS TO THE LEGISLATURE; TO REQUIRE PSYCHOLOGICAL AUTOPSIES AND FORENSIC PROTOCOLS IN CERTAIN CASES; TO REQUIRE ATTENDANCE BY AN INDEPENDENT PATHOLOGIST SELECTED BY THE FAMILY IN CERTAIN CASES; TO ESTABLISH FAMILY RIGHTS AND ANTI-INTIMIDATION PROTECTIONS; TO CREATE A CIVIL CAUSE OF ACTION FOR SURVIVAL AND WRONGFUL DEATH CLAIMS AGAINST PERPETRATORS AND ORGANIZERS, INCLUDING DAMAGES, CIVIL PENALTIES, AND ATTORNEY'S FEES; TO PROVIDE SANCTIONS FOR OFFICIAL MISCONDUCT FOR WILLFUL FAILURE TO REPORT, INVESTIGATE, OR PROSECUTE; TO CREATE AN ANTI-LYNCHING INVESTIGATION AND ACCOUNTABILITY FUND AND GRANT PROGRAM; TO PROVIDE FOR SEVERABILITY; AND FOR RELATED PURPOSES.
WHEREAS, the Legislature recognizes that the people of the State of Mississippi are entitled to equal protection under law and to a justice system that functions without fear, intimidation, discrimination, or violence; and
WHEREAS, the Legislature further recognizes that lynching, whether historically or in contemporary forms, constitutes a particularly egregious form of unlawful killing perpetrated by two (2) or more persons under the pretext of administering justice for an alleged offense, frequently intended to terrorize, intimidate, and control targeted communities; and
WHEREAS, the Legislature finds that discriminatory violence and suspicious deaths involving indications of staging, concealment, intimidation, or institutional inaction
undermine public confidence in law enforcement and the courts and inflict severe and lasting harm upon families and communities; and
WHEREAS, the Legislature finds that independent and timely investigation and prosecution of suspected lynching and discriminatory deaths is necessary to ensure credibility, reduce conflicts of interest, preserve evidence, and promote justice; and
WHEREAS, the Legislature further finds that statewide reporting, public accountability,
and evidence-based policy require the systematic collection of data and transparent annual reporting to the Legislature and the public, while safeguarding the integrity of investigations; and
WHEREAS, the Legislature finds that families must have meaningful procedural protections and access to information, including appropriate forensic safeguards, where there is reasonable cause to believe a death may have been caused by discriminatory violence or staged to appear as suicide or accident; and
WHEREAS, the Legislature therefore determines that it is necessary to create a standalone criminal offense of lynching punishable by life imprisonment without eligibility for parole, to criminalize attempts and organizing activity, to require
independent prosecution by default in suspected cases, to establish mandatory reporting and statewide tracking, and to create civil remedies for victims and families in order to deter future acts, promote accountability, and strengthen public confidence in the administration of justice;
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Mississippi Anti-Lynching Act".
SECTION 2. (1) The Legislature finds and declares that:
(a) Lynching�historically and in contemporary forms�has been used as an instrument of terror and control, carried out under the pretext of administering justice outside lawful processes, frequently involving concealment, intimidation, and failures by institutions tasked with protecting the public;
(b) Discriminatory violence and suspicious deaths arising under discriminatory pretexts cause irreparable harm not only to victims but also to families, communities, and public confidence in the justice system;
(c) The State has a compelling interest in preventing lynching and discriminatory violence; ensuring prompt, independent, and thorough investigation and prosecution;
ensuring transparency and statewide data collection; and providing civil remedies to victims and their families.
(d) Cases involving suspected staged suicides, intimidation, concealment, or discriminatory death often require specialized forensic and psychological evaluation and meaningful family participation to assure confidence and legitimacy.
(2) The purpose of this act is to:
(a) Create a standalone felony offense of lynching and related offenses;
(b) Mandate independent prosecution by default;
(c) Require statewide reporting and tracking;
(d) Establish robust forensic and investigative protocols;
(e) Provide civil causes of action including survival and wrongful death remedies; and
(f) Establish family rights protections and accountability measures.
SECTION 3. (1) The Legislature intends that this act be construed to achieve the following objectives:
(a) To deter and punish lynching as a distinct and aggravated form of discriminatory homicide committed by two (2) or more persons under the pretext of administering justice for an alleged offense;
(b) To ensure prompt, independent, and credible investigation and prosecution of suspected lynching, attempted lynching, and discriminatory deaths, including deaths initially classified as suicide, accident, or undetermined where evidence indicates otherwise;
(c) To establish uniform statewide reporting and tracking to permit transparency, oversight, and informed legislative action;
(d) To protect victims' families and witnesses from intimidation and retaliation and to provide families meaningful procedural access to information and forensic safeguards consistent with the integrity of investigations; and
(e) To provide civil remedies against perpetrators and organizers to promote accountability and deter future violations.
(2) The Legislature further intends that:
(a) Nothing in this act shall be construed to require disclosure of information that would compromise an ongoing criminal investigation, identify confidential informants, or endanger the safety of witnesses; however, withholding of such information shall be supported by written explanation and shall be limited in scope and duration consistent with this act;
(b) The appointment of an independent prosecutor is intended to promote impartiality and public confidence and shall not be construed to diminish lawful authority of local prosecutorial offices except as expressly provided herein;
(c) The civil cause of action created by this act is intended to exist independently of other remedies and shall be liberally construed to effectuate the remedial purposes of this act; and
(d) This act shall be construed to complement, and not to limit, any other criminal, civil, or administrative remedies available under Mississippi law.
(3) This act shall be enforced consistent with evidence-based standards and due process.
SECTION 4. For purposes of this act, the following words shall have the meanings described herein:
(a) "Lynching" means a discriminatory killing of a human being, committed by two(2) or more persons, under the pretext of administering justice for an alleged offense, with or without a legal arrest, charge, trial, conviction, or punishment.
(b) "Discriminatory" means committed in whole or in substantial part because of the victim's actual or perceived race, color, ancestry, ethnicity, national origin, religion, sex, sexual orientation, gender identity, disability, or political affiliation, or because the victim is targeted as a member of a group historically subjected to intimidation or violence.
(c) "Pretext of administering justice" means an asserted, claimed, implied, or publicly stated purpose of punishment, discipline, deterrence, retaliation, intimidation, social control, or moral enforcement for an alleged offense or accusation.
(d) "Attempted lynching" means an overt act beyond mere preparation by two (2) or more persons with intent to commit lynching, which would constitute lynching if completed, regardless of whether death results.
(e) "Organizing or inciting" means recruiting, commanding, encouraging, directing, soliciting, facilitating, financing, or materially supporting one or more persons to commit lynching or attempted lynching, including by planning, providing resources, or communication.
(f) "Discriminatory death" means a death reasonably suspected to result from lynching, attempted lynching, or a staged or concealed violent act�including a death initially classified as suicide, accident, or undetermined�where evidence suggests possible discriminatory violence.
(g) "Family" means the victim's estate, surviving spouse, children, parents, lawful guardian, or lawful next of kin.
(h) "Independent pathologist" means a board-certified forensic pathologist selected by the family.
(i) "Psychological autopsy" means a postmortem psychological and behavioral analysis conducted by a qualified forensic psychologist or psychiatrist to evaluate whether suicide or lynching is consistent with known facts.
(j) "Modern-Day Lynching" (MDL) means a discriminatory killing committed in the late 20th or early 21st centuries by more than one person, carried out for an alleged offense with or without legal trial or due process.
SECTION 5. (1) A person commits the felony offense of lynching when the person, acting with two (2) or more other persons, commits lynching as defined in this act.
(2) A person convicted of lynching shall be sentenced to life imprisonment without eligibility for parole, probation, suspension, earned time, or early release.
(3) Lynching may be charged in addition to any other offense, including homicide offenses, kidnapping, assault, harassment, stalking, conspiracy, or related crimes, and shall not merge with such offenses.
(4) Venue lies in any county where any act in furtherance of
lynching occurred, where the death occurred, or where the victim's remains were located.
SECTION 6. (1) Attempted Lynching. A person convicted of attempted lynching shall be guilty of a felony and shall be sentenced to imprisonment for not less than twenty (20) years and
not more than forty (40) years, which twenty (20) years shall constitute a mandatory minimum term and shall not be reduced, suspended, or subject to probation, parole, earned time, or early release.
(2) Aiding and Abetting. Any person who aids, abets, assists, counsels, commands, induces, or procures the commission of lynching or attempted lynching is guilty as a principal and shall be punished accordingly.
(3) A person who organizes or incites lynching or attempted
lynching is guilty of a felony and punished as follows:
(a) If lynching occurs, punishment shall be life without parole.
(b) If attempted lynching occurs, punishment shall be as provided in subsection (1).
(4) Conspiracy to commit lynching is a felony punishable by imprisonment for not less than ten (10) years and not more than twenty (20) years, without eligibility for parole, probation, suspension, earned time, or early release.
SECTION 7. (1) An incident shall be treated as suspected MDL or Discriminatory Death for purposes of mandatory protocols if one (1) or more of the following indicators is present:
(a) Evidence of threats, harassment, stalking, intimidation, or coercion directed at the victim based on protected characteristics;
(b) Evidence the death may have been staged to appear as suicide, accident, or undetermined;
(c) Physical injuries inconsistent with suicide or accident;
(d) Signs of restraint, abduction, forced movement, or confinement;
(e) Missing, destroyed, altered, withheld, or tampered evidence;
(f) Inconsistent accounts by witnesses, officers, officials, or material discrepancies in records;
(g) Prior reports of bias-motivated harassment or violence involving the victim;
(h) Evidence of a group acting together, including planning or coordination;
(i) Evidence of hate symbols, communications, public statements, or online activity suggesting discriminatory motivation;
(j) Credible information from family members, civil rights organizations, attorneys, community groups, or other credible sources indicating lynching or discriminatory
violence;
(k) Any other articulated fact giving reasonable cause to suspect lynching.
(2) Upon triggering under subsection (1), appointment of an independent prosecutor and special forensic protocols under this act shall be mandatory by default, unless the Attorney General issues written findings that the trigger is clearly inapplicable and provides notice to the family.
SECTION 8. (1) Automatic Appointment. Upon receipt of a report of suspected lynching or attempted lynching, an independent prosecutor shall be appointed.
(2) The Attorney General shall appoint:
(a) A special assistant attorney general; or
(b) A prosecutor from another district; or
(c) Qualified outside counsel.
(3) The local district attorney shall be presumed recused unless the Attorney General determines in writing that independence and public confidence would not be compromised.
(4) The independent prosecutor shall have full authority to direct investigation, issue subpoenas, convene grand juries consistent with law, and prosecute violations of this act and related offenses.
(5) Appointment shall occur within seven (7) days of receipt of a qualifying report.
SECTION 9. (1) Any law enforcement agency, district attorney, coroner, medical examiner, state medical examiner employee, or other public official who becomes aware of facts reasonably suggesting lynching or attempted lynching shall report the incident within forty-eight (48) hours to:
(a) The Attorney General; and
(b) The Mississippi Department of Public Safety (DPS).
(2) DPS, in consultation with the Attorney General, shall establish a statewide tracking database, including:
(a) Number and nature of reports;
(b) Jurisdictional information;
(c) Investigative steps taken;
(d) Prosecutorial action;
(e) Case outcomes and classification changes;
(f) Compliance by agencies;
(g) Referrals to independent prosecutors.
(3) On or before December 1 annually, the Mississippi Department of Public Safety and the Attorney General shall issue a report to the Legislature describing:
(a) Reports received;
(b) Investigations initiated;
(c) Prosecutions and dispositions;
(d) Nonprosecution decisions and reasons;
(e) Compliance rates;
(f) Recommendations.
(4) The annual report shall be public but may omit case-specific identifying information necessary to protect investigations, witnesses, and privacy.
SECTION 10. (1) Where death is initially classified as suicide or undetermined or lynching is reasonably possible, the investigating agency shall ensure completion of a psychological autopsy by a qualified forensic psychologist or psychiatrist.
(2) Where lynching is possible under Section 6, the State Medical Examiner's autopsy shall be attended by an independent pathologist selected by the family, either in person or via secure live video, subject to reasonable facility rules and chain-of-custody protocols.
(3) In any suspected lynching, law enforcement shall:
(a) Preserve the scene and all physical evidence;
(b) Secure all recordings, including body-worn camera and dispatch recordings;
(c) Preserve electronic evidence consistent with law;
(d) Document all injuries with photography and forensic measurements.
(4) The family's independent pathologist and retained experts shall have access to autopsy photographs, reports, and nonprivileged investigative materials, subject to protective orders where necessary.
(5) DPS and the Attorney General shall publish guidance and training modules regarding indicators of staged suicides and discriminatory violence.
SECTION 11. (1) In suspected lynching cases, law enforcement shall notify the family within forty-eight hours of:
(a) Classification of death;
(b) Initiation of investigation;
(c) Appointment of independent prosecutor; and
(d) Scheduled autopsy time and location, if practicable.
(2) The family shall have the right to:
(a) Select an independent pathologist under Section 9;
(b) Retain forensic and psychological experts;
(c) Submit questions and concerns to the independent prosecutor for consideration.
(3) Within sixty (60) days, the investigating
agency shall provide the family or legal representative:
(a) A death certificate and classification rationale;
(b) Autopsy report and photographs;
(c) Toxicology results;
(d) Incident reports;
(e) Body-worn camera footage, where available, subject to lawful redaction;
(f) Logs, dispatch data, and scene documentation;
(g) Summary of investigative steps taken to date.
This subsection does not require disclosure that would compromise an active investigation; however, nondisclosure must be explained in writing, and materials shall be provided upon closure or within one hundred eighty (180) days unless the independent prosecutor certifies continued necessity.
(4) (a) A person commits a felony if the person threatens, intimidates, retaliates against, or harasses:
(i) Any witness, family member, advocate, attorney, expert, journalist, or investigator involved in a suspected lynching case; or
(ii) Any person reporting suspected lynching to Mississippi Department of Public Safety or the Attorney General.
Punishment shall be imprisonment for not less than five (5) years and not more than twenty (20) years, and a fine not exceeding Fifty Thousand Dollars ($50,000.00), or both.
(5) Any person harmed by intimidation or retaliation prohibited under this act may sue for damages and attorney's fees.
SECTION 12. (1) (a) A victim of attempted lynching may bring a civil action.
(b) In cases of lynching resulting in death, the victim's estate and family may bring:
(i) A survival action for claims the victim could have brought had the victim survived; and
(ii) A wrongful death action for damages suffered by statutory beneficiaries.
(2) A civil action may be brought against any person who:
(a) Committed lynching or attempted lynching;
(b) Aided and abetted;
(c) Organized or incited;
(d) Conspired to commit; or
(e) Materially supported lynching or attempted lynching.
(3) This civil action is a standalone statutory cause of action independent of other remedies, including federal or state civil rights claims.
(4) A prevailing plaintiff may recover:
(a) Compensatory damages, including pain and suffering, emotional distress, medical costs, loss of income, loss of companionship, loss of consortium, and funeral costs;
(b) Punitive damages where permitted by law;
(c) Statutory damages of not less than Two Hundred Fifty Thousand Dollars ($250,000.00) per decedent (in addition to actual damages); and
(d) Treble damages for organizing or inciting.
(5) A prevailing plaintiff shall recover reasonable
attorney's fees and costs.
(6) A civil action must be filed:
(a) Within ten (10) years of the act; or
(b) Within three (3) years of discovery of facts establishing lynching or attempted lynching, whichever is later.
The limitations period is tolled where there is fraudulent concealment, intimidation, or suppression of evidence.
(7) Criminal conviction is not required. Burden of proof is by a preponderance of the evidence.
(8) Defendants shall be jointly and severally liable.
(9) In addition to damages, the court may impose a civil penalty payable to the State in an amount not less than One Hundred Thousand Dollars ($100,000.00) per defendant. Funds shall be deposited into the fund created by this act.
SECTION 13. (1) Any district attorney, law enforcement officer, coroner, medical examiner,
or other public official who willfully and knowingly:
(a) Fails to report as required by Section 8;
(b) Suppresses, destroys, or conceals evidence;
(c) Refuses without lawful justification to investigate;
(d) Refuses without lawful justification to cooperate with the independent prosecutor; or
(e) Refuses to prosecute suspects; shall be guilty of official misconduct.
(2) Penalty. Official misconduct under this section is a felony punishable by:
(a) Imprisonment for one (1) to five (5) years;
(b) Fine up to Ten Thousand Dollars ($10,000.00); and
(c) Referral for professional discipline.
(3) Mandatory Referral. The Attorney General shall refer substantiated cases to applicable licensing or disciplinary authorities.
SECTION 14. (1) There is created in the State Treasury the Anti-Lynching Investigation and Accountability Fund, administered by Mississippi Department of Public Safety in consultation with the Attorney General.
(2) The fund may be used to provide grants to state and local agencies to:
(a) Update standard operating procedures (SOPs) consistent with this act;
(b) Implement reporting and tracking;
(c) Provide training;
(d) Contract for forensic expertise;
(e) Support independent prosecutor appointments;
(f) Improve evidence preservation capacity.
(3) DPS shall promulgate grant criteria prioritizing jurisdictions demonstrating compliance with reporting requirements and training adoption.
SECTION 15. If any provision of this act is held invalid, such invalidity shall not affect other provisions or applications of the act that can be given effect without the invalid provision, and to this end the provisions of this act are severable.
SECTION 16. This act shall take effect and be in force from and after July 1, 2026.
