Bill Text: MS HB492 | 2013 | Regular Session | Comm Sub
Bill Title: Sexual offenses; clarify second or subsequent offense of gratification of lust.
Spectrum: Bipartisan Bill
Status: (Failed) 2013-02-14 - Died On Calendar [HB492 Detail]
Download: Mississippi-2013-HB492-Comm_Sub.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Judiciary B
By: Representatives White, Miles
House Bill 492
(COMMITTEE SUBSTITUTE)
AN ACT TO CREATE "ERIN'S LAW"; TO PROVIDE THAT THE PURPOSE OF THE LAW IS TO IMPLEMENT CURRICULUM FOR THE PREVENTION OF SEXUAL ABUSE FOR CHILDREN IN THE STATE OF MISSISSIPPI; TO CREATE THE ERIN'S LAW COMMISSION TO ADOPT A CURRICULUM NO LATER THAN JANUARY 1, 2015; TO PROVIDE THE REQUIREMENTS FOR THE CURRICULUM; TO REQUIRE EACH SCHOOL DISTRICT TO IMPLEMENT THE CURRICULUM BEGINNING WITH THE 2015-2016 SCHOOL YEAR; TO ALLOW SCHOOL DISTRICTS TO CHOOSE AN ALTERNATIVE CURRICULUM; TO ALLOW PARENTS TO OPT-OUT OF THE CURRICULUM INSTRUCTION FOR THEIR CHILDREN; TO REQUIRE CERTAIN DISTRICT AND SCHOOL PERSONNEL TO BE DESIGNATED WITH RESPONSIBILITY FOR COMPLIANCE WITH ERIN'S LAW; TO PROVIDE FOR THE REPORTING OF SCHOOL DISTRICTS NOT IN COMPLIANCE WITH ERIN'S LAW; TO AMEND SECTION 97-5-23, MISSISSIPPI CODE OF 1972, TO CLARIFY A SECOND OR SUBSEQUENT OFFENSE OF GRATIFICATION OF LUST; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Sections 1 and 2 of this act shall be known and may be cited as "Erin's Law."
SECTION 2. (1) There is created the Erin's Law Task Force for the purpose of creating and implementing curriculum for the prevention of sexual abuse for children in the State of Mississippi. The task force shall be comprised of the following eight (8) members:
(a) The Director of the Children's Justice Center, or his designee;
(b) The State Superintendent of Education, or his designee;
(c) The Attorney General, or his designee;
(d) The Governor, or his designee;
(e) The Executive Director of Healthy Teens for a Better Mississippi;
(f) The Lieutenant Governor, or his designee, as an advisory, nonvoting member; and
(g) The Speaker of the House of Representatives, or his designee, as an advisory, nonvoting member.
(2) The task force shall adopt curriculum for the prevention of sexual abuse for students from kindergarten through Grade 5 no later than January 1, 2015. The curriculum shall:
(a) Be evidence-based;
(b) Be age-appropriate and culturally-sensitive;
(c) Include a minimum of four (4) programs to be conducted during the school year;
(d) Involve the students as active learning participants, including discussion, modeling and role playing;
(e) Include a professional training component for administrators, teachers and other school personnel on talking to students about child sexual abuse prevention, the effects of child sexual abuse on children, handling disclosures and mandated reporting; and
(f) Include a component that encourages parental involvement in child sexual abuse prevention.
(3) The curriculum adopted by the task force shall be made available on the Children's Justice Center website and shall be updated by the Children's Justice Center in consultation with the State Department of Education, Mississippi Department of Human Services and the Attorney General's office, as necessary to effectuate the purpose of this act. There shall be no cost to the school districts to access the website and curriculum.
(4) Each school district in the state is required to implement the curriculum beginning with the 2015-2016 school year. However, the school board of any school district may choose to implement an alternative curriculum that meets the criteria under subsection (2) of this section if that curriculum is approved by the Children's Justice Center in consultation with the State Department of Education, Mississippi Department of Human Services and the Attorney General's office, and the costs are incurred by the school district.
(5) Each school district shall provide the parents or guardians of each student with written notice of the opportunity to opt-out of the curriculum required under this section or an alternative curriculum adopted by a school district under subsection (3) of this section. If the parents or guardians of a student opt-out of the curriculum in accordance with the written notice, the school district shall not provide the curriculum instruction to that student.
(6) The superintendent of each school district shall designate one of the district's personnel for responsibility for the district's compliance with this act. The principal of each school shall designate one of the school's personnel for responsibility for the school's compliance with this act.
(7) Any school district not in compliance with this section shall be reported by the Children's Justice Center to the State Department of Education and the Legislature by January 1 of each school year beginning with the 2015-2016 school year.
SECTION 3. Section 97-5-23, Mississippi Code of 1972, is amended as follows:
97-5-23. (1) Any person above the age of eighteen (18) years, who, for the purpose of gratifying his or her lust, or indulging his or her depraved licentious sexual desires, shall handle, touch or rub with hands or any part of his or her body or any member thereof, any child under the age of sixteen (16) years, with or without the child's consent, or a mentally defective, mentally incapacitated or physically helpless person as defined in Section 97-3-97, shall be guilty of a felony and, upon conviction thereof, shall be fined in a sum not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00), or be committed to the custody of the State Department of Corrections not less than two (2) years nor more than fifteen (15) years, or be punished by both such fine and imprisonment, at the discretion of the court.
(2) Any person above the age of eighteen (18) years, who, for the purpose of gratifying his or her lust, or indulging his or her depraved licentious sexual desires, shall handle, touch or rub with hands or any part of his or her body or any member thereof, any child younger than himself or herself and under the age of eighteen (18) years who is not such person's spouse, with or without the child's consent, when the person occupies a position of trust or authority over the child shall be guilty of a felony and, upon conviction thereof, shall be fined in a sum not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00), or be committed to the custody of the State Department of Corrections not less than two (2) years nor more than fifteen (15) years, or be punished by both such fine and imprisonment, at the discretion of the court. A person in a position of trust or authority over a child includes without limitation a child's teacher, counselor, physician, psychiatrist, psychologist, minister, priest, physical therapist, chiropractor, legal guardian, parent, stepparent, aunt, uncle, scout leader or coach.
(3) Upon a second conviction or subsequent conviction for an offense under this section, the person so convicted shall be punished by commitment to the State Department of Corrections for a term not to exceed twenty (20) years, however, upon conviction and sentencing, the offender shall serve at least one-half (1/2) of the sentence so imposed. For the purposes of this section, an offense is considered a second or subsequent offense if, prior to his conviction of the offense has at any time been convicted under this section or under any statute of the United States or of any state relating to a sexual offense involving a child or the handling, touching or rubbing of a mentally defective or mentally incapacitated or physically helpless person.
SECTION 4. This act shall take effect and be in force from and after July 1, 2013.
