Bill Text: MS SB2097 | 2012 | Regular Session | Introduced


Bill Title: Crime Victims' Bill of Rights; certain communications to be confidential.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2012-03-06 - Died In Committee [SB2097 Detail]

Download: Mississippi-2012-SB2097-Introduced.html

MISSISSIPPI LEGISLATURE

2012 Regular Session

To: Judiciary, Division B

By: Senator(s) Wiggins

Senate Bill 2097

AN ACT TO AMEND SECTION 99-43-13, MISSISSIPPI CODE OF 1972, TO REVISE THE RIGHT OF CONSULTATION BETWEEN CRIME VICTIM ADVOCATE AND VICTIM; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 99-43-13, Mississippi Code of 1972, is amended as follows:

     99-43-13.  (1)  Communication between a crime victim advocate, the victim, and the office of the district attorney * * * shall be confidential and not subject to discovery. * * *

          (a)  A defendant may make a motion for disclosure of privileged information.  If the court finds reasonable cause to believe that the information is exculpatory, the court shall hold a hearing in camera.  Material that the court finds exculpatory shall be disclosed to the defendant.

          (b)  Communication is not privileged if the crime victim advocate knows the victim will give or has given perjured testimony.

     (2)  A crime victim advocate or the office of the district attorney shall not disclose any communication between the crime victim and that office concerning victim impact statements other than compensation or restitution information obtained from the victim, unless the victim consents in writing to the disclosure.

     SECTION 2.  This act shall take effect and be in force from and after its passage.


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