Bill Text: MS HB80 | 2024 | Regular Session | Engrossed
Bill Title: Presumption of death; create for missing persons who have undergone a catastrophic event causing imminent peril.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Failed) 2024-04-02 - Died In Committee [HB80 Detail]
Download: Mississippi-2024-HB80-Engrossed.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Judiciary B
By: Representatives Currie, Hall, McLean
House Bill 80
(As Passed the House)
AN ACT TO AMEND SECTION 13-1-23, MISSISSIPPI CODE OF 1972, TO CREATE AN EVIDENTIARY PRESUMPTION OF DEATH TO BE KNOWN AS THE "ZEB HUGHES LAW" WHENEVER UNCONTRADICTED SWORN TESTIMONY AND EVIDENCE SUPPORT A DETERMINATION OF THE DEATH OF A MISSING PERSON WHO HAS UNDERGONE A CATASTROPHIC EVENT THAT EXPOSED THE PERSON TO IMMINENT PERIL; TO CREATE NEW SECTION 41-57-8, MISSISSIPPI CODE OF 1972, TO REQUIRE THE STATE REGISTRAR OF VITAL STATISTICS TO PREPARE A DEATH CERTIFICATE FOR A MISSING PERSON LEGALLY PRESUMED TO BE DEAD UPON RECEIPT OF A PROPER COURT ORDER; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 13-1-23, Mississippi Code of 1972, is amended as follows:
13-1-23. (1) Except as otherwise
provided in subsection (2) of this section, a * * * person who shall remain beyond the sea, or
absent himself or herself from this state, or conceal himself or herself
in this state, for seven (7) years successively without being heard of,
shall be presumed to be dead in any case where * * * the person's death shall come in
question, unless proof be made that * * * the person was alive within that time.
Any property or estate recovered in any such case shall be restored to the
person evicted or deprived thereof, if, in a subsequent action, it shall be
proved that the person so presumed to be dead is living.
(2) (a) This subsection shall be known and may be cited as the "Zeb Hughes Law."
A person who has undergone a catastrophic event that exposed the person to imminent peril or danger reasonably expected to result in loss of life and whose absence following the event is not explained satisfactorily after diligent search or inquiry is presumed to be dead if the sworn testimony of persons having firsthand knowledge of the event, including law enforcement officers, first responders, search and rescue personnel and volunteers, eyewitnesses and any other persons, along with any other evidence before the court, is uncontradicted and supports a determination that the death of the missing person occurred in the catastrophic event. The death is presumed to have occurred at the time of the catastrophic event.
(b) The hearing to review evidence of the catastrophic event shall be held no less than two (2) years after the catastrophic event. Loss of life shall be proven by clear and convincing evidence. A notice of the hearing shall be provided to the coroner, the district attorney and the sheriff of the county in which the catastrophic event occurred within thirty (30) days of the date set for the hearing in accordance with the Mississippi Rules of Civil Procedure.
SECTION 2. The following shall be codified as Section 41-57-8, Mississippi Code of 1972:
41-57-8. (1) When a death is presumed to have occurred under Section 13-1-23, the State Registrar of Vital Statistics shall prepare a death certificate upon receipt of an order of a court of competent jurisdiction within the state. The court order shall include the following:
(a) The decedent's full legal name;
(b) The date of death, as determined by the evidence presented;
(c) The place of death, as determined by the evidence presented;
(d) The decedent's address at the time of death;
(e) The decedent's marital status at the time of death;
(f) The given name of the decedent's surviving spouse, if any;
(g) If known, information necessary to complete the medical portion of the death certificate, including the cause and manner of death. If the death occurred from a catastrophic event, the court order must include information on how and when the event occurred; and
(h) Such other information that may be required under rules and regulations promulgated by the State Board of Health.
(2) A death certificate issued pursuant to this section must identify the court that issued the order on which the death certificate is based and include the date of the court order.
(3) The record of a death registered under this section must be marked "presumptive."
SECTION 3. This act shall take effect and be in force from and after July 1, 2024.
