Bill Text: MS HB561 | 2015 | Regular Session | Introduced
Bill Title: GPS; require certain domestic violence abusers to wear.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2015-02-03 - Died In Committee [HB561 Detail]
Download: Mississippi-2015-HB561-Introduced.html
MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Judiciary B
By: Representative Baria
House Bill 561
AN ACT TO AMEND SECTION 99-5-38, MISSISSIPPI CODE OF 1972, TO REQUIRE A PERSON WITH A CERTAIN DOMESTIC VIOLENCE CHARGE TO WEAR A GLOBAL POSITIONING DEVICE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 99-5-38, Mississippi Code of 1972, is amended as follows:
99-5-38. (1) (a) "Domestic violence" has the same meaning as the term "abuse" as defined in Section 93-21-3.
(b) "Global positioning monitoring system" means a system that electronically determines and reports the location of an individual through the use of a transmitter or similar device carried or worn by the individual that transmits latitude and longitude data to a monitoring entity through global positioning satellite technology. The term does not include a system that contains or operates global positioning system technology, radio frequency identification technology or any other similar technology that is implanted in or otherwise invades or violates the individual's body.
(2) (a) The court may require as a condition of release on bond that a defendant charged with an offense involving domestic violence:
( * * *i) Refrain from going to or near a
residence, school, place of employment, or other location, as specifically
described in the bond, frequented by an alleged victim of the offense;
( * * *ii) Carry or wear a global positioning
monitoring system device and, except as provided by subsection (8), pay the
costs associated with operating that system in relation to the defendant; or
( * * *iii) * * * Pay
the costs, except as otherwise provided by subsection (8)_for indigents,
associated with providing the victim, if the alleged victim of the offense
consents after receiving the information described by subsection (4), with
an electronic receptor device that:
* * * 1. Is capable of receiving the
global positioning monitoring system information from the device carried or
worn by the defendant; and
* * * 2. Notifies the victim if the
defendant is at or near a location that the defendant has been ordered to
refrain from going to or near under paragraph (a).
(b) The court shall require as a condition of release on bond that a defendant charged with any offense involving domestic violence, except a first time offense under Section 97-3-7 (1), carry or wear a global positioning monitoring system device and, except as provided by subsection (8), pay the costs associated with operating that system in relation to the defendant.
(3) Before imposing a condition described by subsection (2)(a)(i), the court must afford an alleged victim an opportunity to provide the court with a list of areas from which the victim would like the defendant excluded and shall consider the victim's request, if any, in determining the locations the defendant will be ordered to refrain from going to or near. If the court imposes a condition described by subsection (2)(a)(i), the court shall specifically describe the locations that the defendant has been ordered to refrain from going to or near and the minimum distances, if any, that the defendant must maintain from those locations.
(4) Before imposing a
condition described by subsection (2)(a)( * * *iii), the court must provide to an
alleged victim information regarding:
(a) The victim's right to participate in a global positioning monitoring system or to refuse to participate in that system and the procedure for requesting that the court terminate the victim's participation;
(b) The manner in which the global positioning monitoring system technology functions and the risks and limitations of that technology, and the extent to which the system will track and record the victim's location and movements;
(c) Any locations that the defendant is ordered to refrain from going to or near and the minimum distances, if any, that the defendant must maintain from those locations;
(d) Any sanctions that the court may impose on the defendant for violating a condition of bond imposed under this section;
(e) The procedure that the victim is to follow, and support services available to assist the victim, if the defendant violates a condition of bond or if the global positioning monitoring system equipment fails;
(f) Community services available to assist the victim in obtaining shelter, counseling, education, child care, legal representation, and other assistance available to address the consequences of domestic violence; and
(g) The fact that the victim's communications with the court concerning the global positioning monitoring system and any restrictions to be imposed on the defendant's movements are not confidential.
(5) In addition to the information described by subsection (4), the court shall provide to an alleged victim who participates in a global positioning monitoring system under this section the name and telephone number of an appropriate person employed by a local law enforcement agency who the victim may call to request immediate assistance if the defendant violates a condition of bond imposed under this section.
(6) In determining whether to order a defendant's participation in a global positioning monitoring system under this section, the court shall consider the likelihood that the defendant's participation will deter the defendant from seeking to kill, physically injure, stalk, or otherwise threaten the alleged victim before trial.
(7) An alleged victim may request that the court terminate the victim's participation in a global positioning monitoring system at any time. The court may not impose sanctions on the victim for requesting termination of the victim's participation in or refusing to participate in a global positioning monitoring system under this section.
(8) The court may allow a
defendant to perform community service in lieu of paying the costs required by
subsection (2)(a)( * * *bii) or ( * * *iii) or subsection (2)(b), if
the court determines that the defendant is indigent.
(9) The court that imposes
a condition described by subsection (2)(a)( * * *ii) or ( * * *iii) or subsection (2)(b) shall
order the entity that operates the global positioning monitoring system to
notify the court and the appropriate local law enforcement agency if a
defendant violates a condition of bond imposed under this section.
(10) This section does not limit the authority of the court to impose any other reasonable conditions of bond or enter any orders of protection under other applicable statutes.
SECTION 2. This act shall take effect and be in force from and after July 1, 2015.
