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State Senate Passes Child Abuse Legislation

Last Update: 2/08 5:44 pm

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The Mississippi Senate approved a bill today that provides the necessary tools for law enforcement to fight crimes against children.

Senate Bill 2238 requires mandatory reporting of alleged or suspected sexual abuse and places a time limit to report such abuse. It also requires additional details be reported of the alleged crime.

Lt. Governor Phil Bryant said, “I have made it a priority of mine to do everything I can to protect the future of our state, our children. This legislation states that Mississippi will not tolerate such abuse and intends to go after the criminal who prays on such innocent lives. I appreciate the hard work and dedication Sen. Alan Nunnelee has done in standing so strong on the rights of the abused and unborn.”

Accordingly Senate Bill 2238 does the following:

A person must report every instance of alleged or suspected sexual abuse of a child by an adult.
· The persons required to report are any of the following individuals when performing their occupational duties: health care practitioner, member of the clergy, teaching or child care provider, police officer or law enforcement officials, or commercial film or photographic print processor.
· The report is to be made within 48 hours after the abuse has been brought to the reporter's attention.
· The report is to be made to the local law enforcement agency, the Department of Public Safety, or the Department of Human Services.
· Failure to report is a misdemeanor punishable by a fine of not more than $5000, imprisonment in jail not more than 1 year, or both fine and imprisonment.

A physician who performs an abortion on a minor less than 14 years of age at the time of the abortion procedure is to preserve fetal tissue extracted during the abortion. This tissue will determine paternity.
· The fetal tissue is to be submitted to the Bureau of Investigation of the Department of Public Safety.
· The State Board of Health is responsible for promulgating rules to regulate the amount and type of fetal tissue to be preserved and submitted.
· Failure of a physician to comply with this provision will constitute unprofessional conduct and will be a misdemeanor for a first offense, which is punishable by a fine of not more than $5000, imprisonment in jail not more than 1 year, or both fine and imprisonment, and a felony for any second or subsequent offense, which is punishable by a fine of $10,000 and imprisonment for not more than 5 years.

Intentionally causing, aiding or assisting a minor to obtain an abortion without the consent of the parent or guardian is prohibited.
· A person who violates this provision will be civilly liable to the minor and to anyone whose consent was required.
Principal author of the 2010 Child Protection Act, Senator Alan Nunnelee said, “The Senate took a strong step in prosecuting those who hide and protect criminals that rape and sexually abuse children. It’s just plain wrong.”
SB 2238 now heads to the Mississippi House of Representatives for consideration.

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