Bill Text: MS HB1577 | 2026 | Regular Session | Engrossed

Mississippi House Bill 1577

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Child abuse; clarify willful false claims of.

Sponsorship: Partisan Bill (Republican 1)

Status: (Passed) 2026-03-30 - Approved by Governor [HB1577 Detail]

Download: Mississippi-2026-HB1577-Engrossed.html

MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Judiciary B

By: Representative Felsher

House Bill 1577

(As Passed the House)

AN ACT TO AMEND SECTION 43-21-355, MISSISSIPPI CODE OF 1972, TO CLARIFY THE CRIME OF WILLFUL FALSE CLAIMS OF CHILD ABUSE; TO AUTHORIZE RESTITUTION PAYMENTS TO THE DEPARTMENT OF CHILD PROTECTION SERVICES; TO AMEND SECTION 97-35-47, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 43-21-355, Mississippi Code of 1972, is amended as follows:

43-21-355. (1) Any attorney, physician, dentist, intern, resident, nurse, psychologist, social worker, family protection worker, family protection specialist, child caregiver, minister, law enforcement officer, school attendance officer, public school district employee, nonpublic school employee, licensed professional counselor or any other person participating in the making of a required report pursuant to Section 43-21-353 or participating in an investigation, evaluation or judicial proceeding resulting from the report shall be presumed to be acting in good faith. Any person or institution reporting or participating in an investigation, evaluation or judicial proceeding resulting from the report in good faith shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed.

(2) (a) A report shall not be considered filed in good faith under this section when it is unsupported by credible evidence; and the person who filed the report intentionally submitted the report knowing it was false. Such report shall be considered a willful false report of child abuse.

(b) (i) Any person convicted of making a willful false report of child abuse under Section 97-35-47, shall be punished by a fine not to exceed Five Thousand Dollars ($5,000.00), by imprisonment in jail not to exceed one (1) year, or both.

(ii) Proof that the person who filed the report reasonably relied on credible evidence or credible information shall be a defense to a claim of willful false reporting.

(c) In addition to any fine and imprisonment, and upon a proper showing made to the court, the person may be ordered to pay restitution to the law enforcement agency and/or the Department of Child Protection Services for any reasonable costs directly related to the investigation of the false report.

(d) Violations of this section may be prosecuted by the state Attorney General, the Department of Child Protection Services, the county attorney of the county in which the child resides or the district attorney of the county in which the child resides.

SECTION 2. Section 97-35-47, Mississippi Code of 1972, is amended as follows:

97-35-47. It shall be unlawful for any person to report a crime or any element of a crime, including an allegation of child abuse or neglect, to any law enforcement agency or officer, the Department of Child Protection Services, or any officer of any court, by any means, knowing that the report is false. A violation of this section shall be punishable by imprisonment in the county jail not to exceed one (1) year or by fine not to exceed Five Thousand Dollars ($5,000.00), or both. In addition to any fine and imprisonment, and upon proper showing made to the court, the defendant shall be ordered to pay as restitution to the law enforcement agency and/or the Department of Child Protection Services reimbursement for any reasonable costs directly related to the investigation of the falsely reported crime and the prosecution of any person convicted under this section.

A report is false under this section when it is unsupported by * * *~~any~~ credible evidence and the person intentionally submitted the report knowing it was false. Proof that the person who filed the report reasonably relied on credible evidence or credible information shall be a defense to a claim of willful false reporting under this section.

SECTION 3. This act shall take effect and be in force from and after July 1, 2026.