Bill Text: MS SB2579 | 2021 | Regular Session | Introduced
Bill Title: White-Collar Crime Offender List; create.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2021-02-02 - Died In Committee [SB2579 Detail]
Download: Mississippi-2021-SB2579-Introduced.html
MISSISSIPPI LEGISLATURE
2021 Regular Session
To: Judiciary, Division B; Accountability, Efficiency, Transparency
By: Senator(s) England
Senate Bill 2579
AN ACT TO CREATE THE MISSISSIPPI WHITE-COLLAR CRIME OFFENDER LIST; TO DEFINE TERMS; TO DIRECT THE ATTORNEY GENERAL TO CREATE AN ONLINE LIST OF OFFENDERS; TO AUTHORIZE THE ATTORNEY GENERAL TO PROMULGATE RULES FOR THE IMPLEMENTATION OF THE ACT; TO CREATE NEW SECTION 5-8-2, MISSISSIPPI CODE OF 1972, TO PROHIBIT PERSONS ON THE LIST FROM LOBBYING; TO AMEND SECTION 25-1-113, MISSISSIPPI CODE OF 1972, TO PROHIBIT LOCAL GOVERNMENTS FROM HIRING PERSONS ON THE LIST FOR CERTAIN POSITIONS; TO AMEND SECTION 99-19-35, MISSISSIPPI CODE OF 1972, TO PROHIBIT APPOINTMENT OR ELECTION OF PERSONS ON THE LIST TO CERTAIN OFFICES OR EMPLOYMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Mississippi White-Collar Crime Offender List Act."
SECTION 2. As used in Sections 1 through 6 of this act:
(a) "Attorney General" means the Office of the Mississippi Attorney General, the Attorney General or an assistant attorney general.
(b) "Offender" means a person convicted of a registrable offense.
(c) "Conviction" means a judgment entered by a Mississippi court upon a plea of guilty, a plea of nolo contendere, or a finding of guilt by a jury or the court, notwithstanding any pending appeal or habeas corpus proceeding arising from the judgment. "Conviction" includes a disposition of pretrial diversion or nonadjudication under Section 99-15-26.
(d) "Registrable offense" means a crime chargeable under the following provisions of law:
(i) Paragraphs (b) and (c) of Section 7-5-59(4), which relates to obstruction of white-collar crime investigations.
(ii) Section 97-7-10, which relates to the defrauding of state and local governments.
(iii) Section 97-19-73, which relates to fraud by mail, wire, radio or television.
(iv) Section 97-9-10, which relates to commercial bribery.
(v) Section 97-45-3, which relates to computer fraud.
(vi) Sections 97-11-25 through 97-11-31, which relate to embezzlement by public officials.
(vii) Section 97-11-33, which relates to extortion by public officials.
(viii) Sections 97-19-5 through 97-19-31, which relate to unlawful procurement or use of credit cards.
(ix) Sections 97-23-1 and 97-23-3, which relate to false, misleading or deceptive advertising.
(x) Sections 97-15-3 and 97-15-5, which relate to bribery of members and employees of the Highway Commission and the defrauding of the state by Highway Commission members, employees or highway contractors.
(xi) Section 97-9-5, which relates to bribery of jurors.
(xii) Sections 97-11-11, 97-11-13 and 97-11-53, which relate to acceptance of bribes by public officials and bribery of public officials.
(xiii) Sections 97-13-1 and 97-13-3, which relate to bribery of electors or election officials.
(xiv) Sections 97-23-19 through 97-23-27, which relate to embezzlement.
SECTION 3. (1) The Attorney General must create a White-Collar Crime Offender List and post a publicly accessible list on its website of all offenders by July 1, 2022.
(2) (a) The list must include the following information:
(i) The offender's full legal name;
(ii) Any aliases by which the offender is or has been known, but not including any online or internet identifiers;
(iii) A physical description, including the offender's date of birth, height, weight, and eye and hair color;
(iv) A recent photograph of the offender; and
(v) Other identifying data as the Attorney General determines is necessary to properly identify the offender and to exclude innocent persons.
(b) The list must not include the offender's:
(i) Social security number;
(ii) Driver's license number;
(iii) Any other state or federal identification number;
(iv) Physical address; and
(v) Telephone numbers.
(3) (a) If the offender is not convicted of another registrable offense while listed, the Attorney General shall remove the offender's information from the list after either five (5) years from the date of the offender's conviction or five (5) years after an offender's release from incarceration, whichever is later. Any violation of the sentencing terms or plea arrangement by the offender, as determined in a hearing by a judge upon motion of the district attorney or the Attorney General, shall restart the time period described in this paragraph(a).
(b) Notwithstanding paragraph (a) of this subsection, a person who has served any sentence imposed and paid all fines, penalties and any restitution ordered may be removed from the list after the satisfaction of the conditions of this paragraph (b).
(c) Subject to this subsection (3), the Attorney General must make a good-faith effort to capture and publish on the list all corrupt persons without regard to the date of conviction.
SECTION 4. (1) The Attorney General shall maintain the Mississippi White-Collar Crime Offender List website on the internet, which shall contain a disclaimer informing the public that:
(a) The information contained on the website is obtained from public records and the Attorney General does not guarantee the website's accuracy or completeness;
(b) The list only includes persons convicted in Mississippi State Courts of a limited list of crimes. Persons who are convicted in any federal court, or who are only convicted of other crimes will not appear on the list. The absence of an individual from the list does not indicate that the individual is trustworthy, or that an investment proposed by the individual is legitimate and suitable for any particular investor. Learn the warning signs of fraud, and consult with your legal, financial, and tax advisors before investing;
(c) Members of the public are not allowed to use the information to harass or threaten offenders or members of their families; and
(d) Harassment, stalking, or making threats against offenders or their families is prohibited and may violate Mississippi criminal laws.
(2) The Mississippi White-Collar Crime Offender List website shall be indexed by the surname of the offender.
(3) The Attorney General shall construct the Mississippi White-Collar Crime Offender List website so that before accessing the list, users must indicate that they have read and understand the disclaimer in subsection (1) of this section and agree to comply with the disclaimer's terms.
(4) The Mississippi White-Collar Crime Offender List website shall include the following information:
(a) All names and aliases by which the offender is or has been known, but not including any online or internet identifiers;
(b) A physical description, including the offender's date of birth, height, weight, and eye and hair color;
(c) A recent photograph of the offender which may be a photograph taken of the offender at booking; and
(d) The crimes listed in Section 2 of this act of which the offender has been convicted.
(5) The Attorney General and any individual or entity acting at the request or upon the direction of the Attorney General are immune from civil liability for damages and will be presumed to have acted in good faith by reporting information.
SECTION 5. (1) Court clerks shall forward the Attorney General:
(a) A copy of the conviction, sentencing order, name, sex and date of birth of every offender convicted of any registrable offenses under this act within sixty (60) calendar days of the date of judgment.
(b) Notice of any violation of the sentencing terms or plea arrangement by the offender, as determined in a hearing by a judge.
(2) The Mississippi Department of Corrections shall search its records for any inmates that qualify as offenders under this act and forward the Attorney General the information detailed in Section 3(2)(a) of this act within sixty (60) calendar days of the effective date of this act.
(3) Any law enforcement agency shall cooperate with the Attorney General to obtain the information required by Section 3(2)(a) of this act.
SECTION 6. The Attorney General shall promulgate rules to effectuate the purposes of this act. The rules shall be promulgated in accordance with the Mississippi Administrative Procedures Law, Chapter 43, Title 25, Mississippi Code of 1972.
SECTION 7. The following shall be codified as Section 5-8-2, Mississippi Code of 1972:
5-8-2. A person who is listed on the White-Collar Crime Offender List created in Sections 1 through 6 of this act is not eligible to be a lobbyist, to register as a lobbyist under Section 5-8-5, or to perform any of the activities defined as lobbying for a lobbyist's client.
SECTION 8. Section 25-1-113, Mississippi Code of 1972, is amended as follows:
25-1-113. (1) From and after July 1, 2013, the state and any county, municipality or any other political subdivision shall not employ a person who has been convicted or pled guilty in any court of this state, another state, or in federal court of any felony in which public funds were unlawfully taken, obtained or misappropriated in the abuse or misuse of the person's office or employment or money coming into the person's hands by virtue of the person's office or employment.
(2) From and after July 1, 2014, the state and any county, municipality or any other political subdivision shall not employ or continue to employ a person who has been convicted or pled guilty in any court of this state, another state, or in federal court of any felony in which public funds were unlawfully taken, obtained or misappropriated in the abuse or misuse of the person's office or employment or money coming into the person's hands by virtue of the person's office or employment.
(3) From and after July 1, 2021, the state and any county, municipality or any other political subdivision shall not hire any person who appears on the White-Collar Crime Offender List created in Sections 1 through 6 of this act for any position where monies are collected or received directly from rate or fee payers.
SECTION 9. Section 99-19-35, Mississippi Code of 1972, is amended as follows:
99-19-35. A person convicted of bribery, burglary, theft, arson, obtaining money or goods under false pretenses, perjury, forgery, embezzlement, or bigamy, shall not be allowed to practice medicine or dentistry, or be appointed to hold or perform the duties of any office of profit, trust, or honor, and a person who is listed on the White-Collar Crime Offender List created in Sections 1 through 6 of this act shall not be allowed to be appointed to hold or perform the duties of any office of profit, trust, or honor, including service on a school board, unless after full pardon for the same.
SECTION 10. This act shall take effect and be in force from and after January 1, 2022.
