reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 39 - POST-CONVICTION PROCEEDINGS (§§ 99-39-1 — 99-39-119) › Article 1 - MISSISSIPPI UNIFORM POST-CONVICTION COLLATERAL RELIEF ACT (§§ 99-39-1 — 99-39-29) › Section 99-39-25 - Right to appeal; stay of judgment; bail on appeal

(1)
A final judgment entered under this article may be reviewed by the supreme court of Mississippi on appeal brought either by the prisoner or the state on such terms and conditions as are provided for in criminal cases.
(2)
A perfection of appeal by the state shall act as a supersedeas and shall stay the judgment until there is a final adjudication by the supreme court.
(3)
When the appeal is brought by the state, the prisoner may be released on bail pending appeal under the terms and conditions provided for in Rule 7.02, Mississippi Uniform Criminal Rules of Circuit Court Practice.
(4)
When the appeal is brought by the prisoner, bail shall not be allowed.
(5)
The attorney general shall represent the state in all appeals under this article, whether the appeal is brought by the prisoner or by the state.
Laws, 1984, ch. 378, § 13, eff. 4/17/1984.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 39 - POST-CONVICTION PROCEEDINGS (§§ 99-39-1 — 99-39-119) › Article 1 - MISSISSIPPI UNIFORM POST-CONVICTION COLLATERAL RELIEF ACT (§§ 99-39-1 — 99-39-29) › Section 99-39-28 - Supreme Court to establish rules for post-conviction proceedings in capital cases

If application to proceed in the trial court is granted, post-conviction proceedings on cases where the death penalty has been imposed in the trial court and appeals from the trial court shall be conducted in accordance with rules established by the Supreme Court.
Laws, 2000, ch. 569, § 16, eff. 7/1/2000.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 39 - POST-CONVICTION PROCEEDINGS (§§ 99-39-1 — 99-39-119) › Article 1 - MISSISSIPPI UNIFORM POST-CONVICTION COLLATERAL RELIEF ACT (§§ 99-39-1 — 99-39-29) › Section 99-39-29 - Stay of death penalty execution

If the prisoner or prisoners shall be under sentence of death and the date fixed for the execution of the sentence shall arrive at a time when proceedings for post-conviction collateral relief are pending, either in the state or the federal courts, the Supreme Court of Mississippi shall have the authority to stay the execution upon a substantial showing of merit pending the determination of said proceeding. If, however, a stay has been entered either by a state or federal court and post-conviction collateral relief is denied, the Supreme Court of Mississippi shall forthwith fix a day, not more than thirty (30) days distant from the date of said denial or the vacating of any stay entered by any federal court, for the execution of the sentence, and a warrant shall forthwith issue accordingly.
Laws, 1984, ch. 378, § 15; Laws, 1985, ch. 305, § 2, eff. 2/28/1985.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 39 - POST-CONVICTION PROCEEDINGS (§§ 99-39-1 — 99-39-119) › Article 3 - MISSISSIPPI CAPITAL POST-CONVICTION COUNSEL ACT (§§ 99-39-101 — 99-39-119) › Section 99-39-101 - Short title

This article may be cited as the "Mississippi Capital Post-Conviction Counsel Act."
Laws, 2000, ch. 569, § 1, eff. 7/1/2000.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 39 - POST-CONVICTION PROCEEDINGS (§§ 99-39-1 — 99-39-119) › Article 3 - MISSISSIPPI CAPITAL POST-CONVICTION COUNSEL ACT (§§ 99-39-101 — 99-39-119) › Section 99-39-103 - Office of Post-Conviction Counsel created; personnel; appointment to office; qualifications; removal

There is created the Mississippi Office of Capital Post-Conviction Counsel. This office shall consist of a director who shall be an attorney who shall meet all qualifications necessary to serve as post-conviction counsel for persons under a sentence of death and staffed by any necessary personnel as determined and hired by the director. The director shall be appointed by the Governor with the advice and consent of the Senate for a term of four (4) years, or until a successor takes office. The remaining attorneys and other staff shall be appointed by the director of the office and shall serve at the will and pleasure of the director. The director and all other attorneys in the office shall either be active members of The Mississippi Bar, or, if a member in good standing of the bar of another jurisdiction, must apply to and secure admission to The Mississippi Bar within twelve (12) months of the commencement of the person's employment by the office. The director may be removed from office by the Governor upon finding that the director is not qualified under law to serve as post-conviction counsel for persons under sentences of death, has failed to perform the duties of the office or has acted beyond the scope of the authority granted by law for the office.
Laws, 2000, ch. 569, § 2; Laws, 2001, ch. 526, § 2; Laws, 2009, ch. 335, § 1; Laws, 2011, ch. 343, § 11, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 39 - POST-CONVICTION PROCEEDINGS (§§ 99-39-1 — 99-39-119) › Article 3 - MISSISSIPPI CAPITAL POST-CONVICTION COUNSEL ACT (§§ 99-39-101 — 99-39-119) › Section 99-39-105 - Purpose of office

The Office of Capital Post-Conviction Counsel is created for the purpose of providing representation to indigent parties under sentences of death in post-conviction proceedings, and to perform such other duties as set forth by law.
Laws, 2000, ch. 569, § 3, eff. 7/1/2000.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 39 - POST-CONVICTION PROCEEDINGS (§§ 99-39-1 — 99-39-119) › Article 3 - MISSISSIPPI CAPITAL POST-CONVICTION COUNSEL ACT (§§ 99-39-101 — 99-39-119) › Section 99-39-107 - Duties of office; attorneys appointed to office to be full time

The Office of Capital Post-Conviction Counsel shall limit its activities to the representation of inmates under sentence of death in post-conviction proceedings and ancillary matters related directly to post-conviction review of their convictions and sentences and other activities explicitly authorized in statute. Representation by the office or by private counsel under appointment by the office will end upon the filing of proceeding for federal habeas corpus review or for appointment of counsel to represent the defendant in federal habeas corpus proceedings. However, the office may continue representation if the office or a staff attorney employed by the office shall be appointed by a federal court to represent the inmate in federal habeas corpus proceedings. In such event, the office or the employee attorney shall apply to the federal court for compensation and expenses and shall upon receipt of payments by the federal court pay all sums received over to the office for deposit in the Special Capital Post-Conviction Counsel Fund as provided in Section
99-39-117
, from which all expenses for investigation and litigation shall be disbursed. Representation in post-conviction proceedings shall further include representation of the inmate from the exhaustion of all state and federal post-conviction litigation until execution of the sentence or an adjudication resulting in either a new trial or a vacation of the death sentence. The attorneys appointed to serve in the Office of Capital Post-Conviction Counsel shall devote their entire time to the duties of the office, shall not represent any persons in other litigation, civil or criminal, nor in any other way engage in the practice of law, and shall in no manner, directly or indirectly, participate in the trial of any person charged with capital murder or direct appeal of any person under sentence of death in the state, nor engage in lobbying activities for or against the death penalty. Any violation of this provision shall be grounds for termination from employment, in the case of the director, by the Governor, and in the case of other attorneys, by the director, with approval of the Chief Justice.
Laws, 2000, ch. 569, § 4; Laws, 2009, ch. 335, § 2, eff. 3/16/2009.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 39 - POST-CONVICTION PROCEEDINGS (§§ 99-39-1 — 99-39-119) › Article 3 - MISSISSIPPI CAPITAL POST-CONVICTION COUNSEL ACT (§§ 99-39-101 — 99-39-119) › Section 99-39-109 - Compensation

The director appointed under this article shall be compensated at no more than the maximum amount allowed by statute for a district attorney, and other attorneys in the office shall be compensated at no more than the maximum amount allowed by statute for an assistant district attorney.
Laws, 2000, ch. 569, § 5, eff. 7/1/2000.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 39 - POST-CONVICTION PROCEEDINGS (§§ 99-39-1 — 99-39-119) › Article 3 - MISSISSIPPI CAPITAL POST-CONVICTION COUNSEL ACT (§§ 99-39-101 — 99-39-119) › Section 99-39-111 - Office hours of operation

The Director of the Office of Post-Conviction Counsel shall keep the office open Monday through Friday for not less than eight (8) hours each day.
Laws, 2000, ch. 569, § 6, eff. 7/1/2000.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 39 - POST-CONVICTION PROCEEDINGS (§§ 99-39-1 — 99-39-119) › Article 3 - MISSISSIPPI CAPITAL POST-CONVICTION COUNSEL ACT (§§ 99-39-101 — 99-39-119) › Section 99-39-113 - Powers and duties of director; requirement of surety bond

In addition to the authority to represent persons under sentence of death in state post-conviction proceedings, the director is hereby empowered to pay and disburse salaries, employment benefits and charges relating to employment of staff and to establish their salaries, and expenses of the office; to incur and pay travel expenses of staff necessary for the performance of the duties of the office; to rent or lease on such terms as he may think proper such office space as is necessary in the City of Jackson to accommodate the staff; to solicit and accept monies, gifts, grants or services from any public or private sources for the purpose of funding, operating and executing the statutory duties of the office; to enter into and perform contracts, including but not limited to, contracts and agreements necessary to obtain and receive monies, gifts, grants or services from federal, public and private sources, and to purchase such necessary office supplies and equipment as may be needed for the proper administration of said offices; and to incur and pay such other expenses as are appropriate and customary to the operations of the office. The director shall be required to obtain a surety bond in the amount of not less than One Hundred Thousand Dollars ($100,000.00) payable to the state. The cost of such bond shall be paid out of funds appropriated for the operations of the office. All salaries and other expenditures shall be paid from funds appropriated for such purposes augmented by funds received as gifts and grants from public and private sources.
Laws, 2000, ch. 569, § 7, eff. 7/1/2000.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 39 - POST-CONVICTION PROCEEDINGS (§§ 99-39-1 — 99-39-119) › Article 3 - MISSISSIPPI CAPITAL POST-CONVICTION COUNSEL ACT (§§ 99-39-101 — 99-39-119) › Section 99-39-115 - Director to keep a docket of all death penalty cases in Mississippi

The director shall keep a docket of all death penalty cases originating in the courts of Mississippi, which must at all reasonable times be open to the inspection of the public and must show the county, district and court in which the causes have been instituted. The director shall prepare and maintain a roster of all death penalty cases originating in the courts of Mississippi and pending in state and federal courts indicating the current status of each such case, and a history of those death penalty cases filed since 1976. Copies of such dockets and rosters shall be submitted to the Governor, Chief Justice of the Supreme Court and the Administrative Office of Courts monthly. The director shall also report monthly to the Administrative Office of Courts the activities, receipts and expenditures of the office.
Laws, 2000, ch. 569, § 8; Laws, 2009, ch. 335, § 3, eff. 3/16/2009.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 39 - POST-CONVICTION PROCEEDINGS (§§ 99-39-1 — 99-39-119) › Article 3 - MISSISSIPPI CAPITAL POST-CONVICTION COUNSEL ACT (§§ 99-39-101 — 99-39-119) › Section 99-39-117 - Conflict of interest; employment of qualified private counsel; payment of fees and expenses; Capital Post-Conviction Counsel Fund

(1)
If at any time during the representation of two (2) or more defendants, the director determines that the interest of those persons are so adverse or hostile that they cannot all be represented by the director or his staff without conflict of interest, or if the director shall determine that the volume or number of representations shall so require, the director, in his sole discretion, not withstanding any statute or regulation to the contrary, shall be authorized to employ qualified private counsel. Fees and expenses, approved by order of the appropriate court, including investigative and expert witness expenses of such private counsel shall be paid from funds appropriated to the Capital Post-Conviction Counsel Fund for this purpose.
(2)
There is created in the State Treasury a special fund to be known as the Capital Post-Conviction Counsel Fund. The purpose of the fund shall be to provide funding for the Office of Capital Post-Conviction Counsel. Monies from the funds derived from assessments under Section
99-19-73
shall be distributed by the State Treasurer upon warrants issued by the Mississippi Office of Capital Post-Conviction Counsel. The fund shall be a continuing fund, not subject to fiscal-year limitations, and shall consist of:
(a)
Monies appropriated by the Legislature for the purposes of funding the Office of Capital Post-Conviction Counsel;
(b)
The interest accruing to the fund;
(c)
Monies received under the provisions of Section
99-19-73
;
(d)
Monies received from the federal government;
(e)
Donations; and
(f)
Monies received from such other sources as may be provided by law.
Laws, 2000, ch. 569, § 9; Laws, 2005, ch. 413, § 3, eff. 7/1/2005.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 39 - POST-CONVICTION PROCEEDINGS (§§ 99-39-1 — 99-39-119) › Article 3 - MISSISSIPPI CAPITAL POST-CONVICTION COUNSEL ACT (§§ 99-39-101 — 99-39-119) › Section 99-39-119 - Director authorized to solicit funds for purpose of funding and operating office

The director is further authorized to solicit and accept monies, gifts, grants or services from any public or private source, for the purpose of funding, operating and executing the duties of the office.
Laws, 2000, ch. 569, § 10, eff. 7/1/2000.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 41 - MISSISSIPPI CRIME VICTIMS' COMPENSATION ACT (§§ 99-41-1 — 99-41-31) › Section 99-41-1 - Short title

This chapter shall be known and may be cited as the "Mississippi Crime Victims' Compensation Act."
Laws, 1990, ch. 509, § 1, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 41 - MISSISSIPPI CRIME VICTIMS' COMPENSATION ACT (§§ 99-41-1 — 99-41-31) › Section 99-41-3 - Legislative intent

It is the intent of the Legislature to provide a method of compensating those persons who are innocent victims of criminal acts within the state and who suffer bodily injury or death and of assisting victims of crime through information referrals and advocacy outreach programs. To this end, it is the Legislature's intention to provide compensation for injuries suffered as a direct result of the criminal acts of other persons. It is the further intent of the Legislature that all agencies, departments, boards and commissions of the state and political subdivisions of the state shall cooperate with the Attorney General's Office in carrying out the provisions of this chapter.
Laws, 1990, ch. 509, § 2; Laws, 2004, ch. 355, § 3; Laws, 2005, ch. 507, § 2, eff. 7/1/2005.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 41 - MISSISSIPPI CRIME VICTIMS' COMPENSATION ACT (§§ 99-41-1 — 99-41-31) › Section 99-41-7 - Division of Victim Compensation; Director of Victim Compensation; duties; appointment

There is hereby created in the Attorney General's Office the Division of Victim Compensation, hereafter referred to as "division." In the Division of Victim Compensation there is hereby created the position of Director of Victim Compensation, hereafter referred to as "director." The duties of the director shall include receipt, investigation, verification and adjudication of a claim for compensation under the provisions of this chapter. The duties shall also include facilitating assistance to victims of crime through information referrals, advocacy outreach programs and other victim-related services. The director shall be appointed by the Attorney General.
Laws, 1990, ch. 509, § 4; Laws, 1996, ch. 506, § 2; Laws, 2004, ch. 355, § 5; Laws, 2005, ch. 507, § 3; Laws, 2007, ch. 587, § 3, eff. 7/1/2007.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 41 - MISSISSIPPI CRIME VICTIMS' COMPENSATION ACT (§§ 99-41-1 — 99-41-31) › Section 99-41-9 - Powers and duties of division

In addition to any other powers and duties specified elsewhere in this chapter, the division is hereby authorized to:
(a)
Except as otherwise provided by this chapter, regulate the procedures for the director to expedite his functions and adopt rules and regulations for the position of director;
(b)
Define any term not defined in this chapter in a manner not inconsistent with this chapter;
(c)
Prescribe forms necessary to carry out the purposes of this chapter and make such forms available for use in making applications for compensation;
(d)
Authorize the director to take judicial notice of general, technical and scientific facts within the director's specialized knowledge;
(e)
Publicize the availability of compensation and information regarding the filing of claims and ask that public officials and law enforcement agencies take reasonable care that victims be informed about the availability of compensation and the procedure for applying for compensation;
(f)
Apply for funds from and to submit all necessary forms to any federal agency participating in a cooperative program to compensate victims of crimes, and to apply for and accept any gifts, bequests, grants, donations or funds from other sources, public or private, for carrying out the provisions of this chapter; and
(g)
Adopt such rules and regulations as shall be necessary for carrying out the provisions of this chapter.
Laws, 1990, ch. 509, § 5; Laws, 1996, ch. 506, § 3; Laws, 2004, ch. 355, § 6, eff. 4/20/2004.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 41 - MISSISSIPPI CRIME VICTIMS' COMPENSATION ACT (§§ 99-41-1 — 99-41-31) › Section 99-41-13 - Appeals

Any claimant aggrieved by a final decision of the Attorney General shall be entitled to judicial review thereof in the manner provided in this section.
(a)
An appeal may be taken by such claimant to the circuit court of the claimant's residence or the Circuit Court of the First Judicial District of Hinds County by filing a petition with the clerk of the court and executing and filing bond payable to the State of Mississippi with sufficient sureties to be approved by the clerk of the court, conditioned upon the payment of all costs of appeal, including the cost of preparing the transcript of the hearing before the Attorney General. The petition and bond shall be filed within thirty (30) days of the receipt of the final decision of the Attorney General. Upon approval of the bond, the clerk of the court shall notify the Office of the Attorney General, which shall prepare its record in the matter and transmit it to the circuit court.
(b)
The scope of review of the circuit court in such cases shall be limited to a review of the record made before the Attorney General to determine if the action of the Attorney General is unlawful for the reason that it was:
(i)
Not supported by a preponderance of the evidence;
(ii)
Arbitrary and capricious; or
(iii)
In violation of a statutory right of claimant.
(c)
No relief shall be granted based upon the court's finding of harmless error.
(d)
Any party aggrieved by action of the circuit court may appeal to the Supreme Court in the manner provided by law.
Laws, 1990, ch. 509, § 7; Laws, 1996, ch. 506, § 5; Laws, 2000, ch. 577, § 2; Laws, 2004, ch. 355, § 8, eff. 4/20/2004.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 41 - MISSISSIPPI CRIME VICTIMS' COMPENSATION ACT (§§ 99-41-1 — 99-41-31) › Section 99-41-15 - Filing of claim as waiver of physician-patient confidentiality; ordering mental or physical examination or autopsy

(1)
Any person filing a claim under the provisions of this chapter shall be deemed to have waived any physician-patient privilege as to the communications or records relevant to an issue of the physical, mental or emotional conditions of the claimant. However, any record or report obtained by the director, the confidentiality of which is otherwise protected by any other law or regulation, shall remain confidential, subject to such law or regulation.
(2)
If the mental, physical or emotional condition of a claimant is material to a claim, the director, upon good cause shown, may order the claimant to submit to a mental or physical examination and may order an autopsy of a deceased victim. The order shall specify the time, place, manner, conditions and scope of the examination or autopsy and the person by whom it is to be made. The order shall also require the person to file with the director a detailed written report of the examination or autopsy. The report shall set out the findings of the person making the report, including the results of all tests made, the diagnosis, prognosis and other conclusions and reports of earlier examinations of the same conditions.
(3)
The director shall furnish a copy of the report examined. If the victim is deceased the director shall furnish a copy of the report to the claimant on request.
(4)
The director may require the claimant to supply any additional medical or psychological reports available relating to the injury or death for which compensation is claimed.
Laws, 1990, ch. 509, § 8; Laws, 1996, ch. 506, § 6, eff. 7/1/1996.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 41 - MISSISSIPPI CRIME VICTIMS' COMPENSATION ACT (§§ 99-41-1 — 99-41-31) › Section 99-41-19 - Proof of conviction as evidence; suspension of proceedings pending prosecution

Proof of conviction of a person whose acts give rise to a claim shall be conclusive evidence that the crime was committed unless an application for rehearing, an appeal of the conviction or certiorari is pending or unless a rehearing and new trial has been ordered. The director may suspend the proceedings before it pending disposition of a criminal prosecution that has been commenced or is imminent.
Laws, 1990, ch. 509, § 10; Laws, 1996, ch. 506, § 8, eff. 7/1/1996.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 41 - MISSISSIPPI CRIME VICTIMS' COMPENSATION ACT (§§ 99-41-1 — 99-41-31) › Section 99-41-21 - Repayment of compensation; subrogation of state

(1)
If compensation is awarded the state shall be subrogated to all the rights of a claimant or victim to receive or recover from a collateral source to the extent that compensation was awarded.
(2)
In the event that the claimant or victim recovers compensation, other than under the provisions of this chapter, for injuries or death resulting from criminally injurious conduct, the claimant or victim shall retain, as trustee, so much of the recovered funds as necessary to reimburse the Crime Victims' Compensation Fund, as created in Section
99-41-29
, to the extent that compensation was awarded to the claimant or victim from such fund. Such funds as are retained in trust under the provisions of this section shall be promptly deposited in the Crime Victims' Compensation Fund created in Section
99-41-29
.
(3)
If a claimant or victim brings an action to recover damages related to the criminally injurious conduct upon which compensation is claimed or awarded, the claimant shall give the director written notice of the action. After receiving such notice the director may join in the action as a party plaintiff to recover any compensation awarded.
Laws, 1990, ch. 509, § 11; Laws, 1996, ch. 506, § 9; Laws, 2012, ch. 503, § 4, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 41 - MISSISSIPPI CRIME VICTIMS' COMPENSATION ACT (§§ 99-41-1 — 99-41-31) › Section 99-41-25 - Advance award

If the director determines that the claim is one with respect to which an award probably will be made and the claimant will suffer financial hardship unless an advance award is made, an amount may be paid to the claimant not to exceed Five Hundred Dollars ($500.00) and shall be deducted from the final award or shall be repaid by and recoverable from the claimant to the extent that it exceeds the final award.
Laws, 1990, ch. 509, § 13; Laws, 1996, ch. 506, § 11; Laws, 2000, ch. 577, § 5, eff. 7/1/2000.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 41 - MISSISSIPPI CRIME VICTIMS' COMPENSATION ACT (§§ 99-41-1 — 99-41-31) › Section 99-41-27 - False claims; penalty

(1)
Claims shall be made under oath. The filing of a false claim for compensation pursuant to this chapter shall constitute a misdemeanor and shall be punishable by a fine of not to exceed One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for a term not to exceed one (1) year, or by both such fine and imprisonment, and the person convicted shall, as part of the sentence in either case, be required to repay to the Crime Victims' Compensation Fund the amount received pursuant to the false claim.
(2)
Any person who shall knowingly furnish any false information or knowingly fails or omits to disclose a material fact or circumstance with the intent to defraud the division for compensation pursuant to this chapter shall be guilty of a misdemeanor and shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for a term not to exceed one (1) year, or both, and the person convicted shall, as part of the sentence in either case, be required to repay to the Crime Victims' Compensation Fund the total amount received pursuant to the false claim.
(3)
If a payment or overpayment of compensation is made because of clerical error, mistaken identity, innocent misrepresentation by or on behalf of the recipient of the compensation award or other circumstances of a similar nature not induced by fraud by or on behalf of the recipient, the recipient is liable for repayment of the compensation. The division may waive, decrease or adjust the amount of the repayment of the compensation.
Laws, 1990, ch. 509, § 14; Laws, 1996, ch. 506, § 12; Laws, 2004, ch. 355, § 10, eff. 4/20/2004.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 41 - MISSISSIPPI CRIME VICTIMS' COMPENSATION ACT (§§ 99-41-1 — 99-41-31) › Section 99-41-31 - Disclosure of records as to claims; confidentiality of records

It is unlawful, except for purposes directly connected with the administration of the division and the processing of a claim, for any person to solicit, disclose, receive or make use of or authorize, knowingly permit, participate in or acquiesce in the use of any list, or names of, or information concerning persons applying for or receiving awards under this chapter without the written consent of the claimant or recipient. The records, papers, files and communications of the division, director, staff and agents must be regarded as confidential information and privileged and not subject to disclosure under any condition including the Mississippi Public Records Act of 1983.
Laws, 2000, ch. 577, § 6; Laws, 2004, ch. 355, § 12; Laws, 2012, ch. 503, § 7, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 43 - MISSISSIPPI CRIME VICTIMS' BILL OF RIGHTS (§§ 99-43-1 — 99-43-101) › Section 99-43-1 - Short title and purpose

This chapter may be cited as the "Mississippi Crime Victims' Bill of Rights." The purpose of this chapter is to ensure the fair and compassionate treatment of victims of crime, to increase the effectiveness of the criminal justice system by affording rights and considerations to the victims of crime, and to preserve and protect victims' rights to justice and fairness in the criminal justice system.
Laws, 1998, ch. 577, § 1, eff. 1/1/1999.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 43 - MISSISSIPPI CRIME VICTIMS' BILL OF RIGHTS (§§ 99-43-1 — 99-43-101) › Section 99-43-5 - Designated and lawful representatives

(1)
If a victim is physically or emotionally unable to exercise any right established by this chapter, but is able to designate in writing a lawful representative, the designated representative or person may exercise the same rights that the victim is entitled to exercise. The victim may revoke his or her designated representation at any time and thereafter personally exercise his or her rights.
(2)
If a victim is incompetent, deceased or otherwise incapable of designating another person to act in his or her behalf, the court may appoint a lawful representative who is not a witness in the case. If at any time the victim is no longer incompetent, incapacitated, or otherwise incapable of acting, the victim may personally exercise his or her rights.
(3)
If the victim is a minor, the parent, guardian or other immediate family of the victim, or a designated representative as determined by the court, may exercise all of the rights of the victim on behalf of the victim.
Laws, 1998, ch. 577, § 3, eff. 1/1/1999.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 43 - MISSISSIPPI CRIME VICTIMS' BILL OF RIGHTS (§§ 99-43-1 — 99-43-101) › Section 99-43-7 - Law enforcement notice requirements; clerk of court notice requirements

(1)
Unless the victim is unavailable or incapacitated as a result of the crime, within seventy-two (72) hours after the law enforcement agency becomes responsible for investigating the crime, the law enforcement agency shall provide to the victim in a manner and form prescribed by the Attorney General the following information:
(a)
The availability of emergency and crisis services.
(b)
The availability of victims' compensation benefits and the address and telephone number of the Victim Compensation Division.
(c)
The name of the law enforcement officer and telephone number of the law enforcement agency with the following statement attached: "If within sixty (60) days you are not notified of an arrest in your case, you may call the telephone number of the law enforcement agency for the status of the case."
(d)
The procedural steps involved in a criminal prosecution.
(e)
The rights authorized by the Mississippi Constitution on rights of victims, including a form to invoke these rights.
(f)
The existence of and eligibility requirements for restitution and compensation pursuant to Section
99-37-1
et seq. and Section
99-41-1
et seq., Mississippi Code of 1972.
(g)
A recommended procedure if the victim is subjected to threats or intimidation.
(h)
The name and telephone number of the office of the prosecuting attorney to contact for further information.
(2)
In the event a victim initiates proceedings against a person by filing an affidavit, petition or complaint in a court of competent jurisdiction, the clerk of the court shall provide the victim with the information set forth in subsection (1); however, in lieu of the information set forth in subsection (1)(c), the clerk shall advise the victim of the name and telephone number of the law enforcement agency to which the complaint will be referred. This information shall be provided on a form prescribed by the Attorney General. Failure of the clerk of court to provide such information shall not subject the clerk to any criminal or civil liability.
Laws, 1998, ch. 577, § 4; Laws, 2007, ch. 587, § 8, eff. 7/1/2007.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 43 - MISSISSIPPI CRIME VICTIMS' BILL OF RIGHTS (§§ 99-43-1 — 99-43-101) › Section 99-43-8 - Victim's right to receive copy of initial incident report

Upon request, the victim has the right to receive, from the appropriate law enforcement agency, free of charge, a copy of the initial incident report of the case subject to any confidentiality requirements provided by law.
Laws, 2012, ch. 518, § 2, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 43 - MISSISSIPPI CRIME VICTIMS' BILL OF RIGHTS (§§ 99-43-1 — 99-43-101) › Section 99-43-9 - Prosecutor notice requirements upon written request of victim

(1)
Upon written request of the victim, the prosecuting attorney shall notify the victim of all charges filed against the defendant and any criminal proceedings, other than initial appearances, as soon as practicable, including any changes that may occur.
(2)
In order to be entitled to receive notice under this section, the victim shall provide to and maintain with the office of the prosecuting attorney a request for notice which shall include the telephone number and address of the victim. The request for notice shall be considered withdrawn and void in the event the victim fails to update this information as necessary. Except as otherwise provided, all notices provided to a victim pursuant to this chapter shall be on forms as specified by the Attorney General.
Laws, 1998, ch. 577, § 5, eff. 1/1/1999.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 43 - MISSISSIPPI CRIME VICTIMS' BILL OF RIGHTS (§§ 99-43-1 — 99-43-101) › Section 99-43-11 - Prosecutor's duty to confer with victim prior to disposition

The prosecuting attorney shall confer with the victim prior to the final disposition of a criminal offense, including the views of the victim about a nol pros, reduction of charge, sentence recommendation, and pre-trial diversion programs.
Laws, 1998, ch. 577, § 6, eff. 1/1/1999.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 43 - MISSISSIPPI CRIME VICTIMS' BILL OF RIGHTS (§§ 99-43-1 — 99-43-101) › Section 99-43-13 - Prosecutor's duty to confer with victim prior to trial; confidentiality

The prosecuting attorney shall confer with the victim before the commencement of a trial. Any information received by the victim relating to the substance of the case shall be confidential, unless otherwise authorized by law or required by the courts to be disclosed.
Laws, 1998, ch. 577, § 7, eff. 1/1/1999.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 43 - MISSISSIPPI CRIME VICTIMS' BILL OF RIGHTS (§§ 99-43-1 — 99-43-101) › Section 99-43-15 - Trial transcripts; right to receive if pay costs

The victim has the right to receive a transcript of any criminal proceedings at his own cost.
Laws, 1998, ch. 577, § 8, eff. 1/1/1999.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 43 - MISSISSIPPI CRIME VICTIMS' BILL OF RIGHTS (§§ 99-43-1 — 99-43-101) › Section 99-43-17 - Victim not entitled to direct prosecution of case

The rights of the victim do not include the authority to direct the prosecution of the case.
Laws, 1998, ch. 577, § 9, eff. 1/1/1999.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 43 - MISSISSIPPI CRIME VICTIMS' BILL OF RIGHTS (§§ 99-43-1 — 99-43-101) › Section 99-43-19 - Freedom from delay; continuances

The victim shall have the right to a final disposition of the criminal proceeding free from unreasonable delay. To effectuate this right, the court, in determining whether to grant any continuance, should make every reasonable effort to consider whether granting such continuance shall be prejudicial to the victim.
Laws, 1998, ch. 577, § 10, eff. 1/1/1999.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 43 - MISSISSIPPI CRIME VICTIMS' BILL OF RIGHTS (§§ 99-43-1 — 99-43-101) › Section 99-43-21 - Right to be present at criminal proceedings

The victim has the right to be present throughout all criminal proceedings as defined in Section
99-43-3
.
Laws, 1998, ch. 577, § 11, eff. 1/1/1999.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 43 - MISSISSIPPI CRIME VICTIMS' BILL OF RIGHTS (§§ 99-43-1 — 99-43-101) › Section 99-43-23 - Separate waiting area; minimizing contact with defendant, defendant's relatives and defense witnesses

The court shall provide a waiting area for the victim separate from the defendant, relatives of the defendant, and defense witnesses, if an area is available and the use of the area is practical. If a separate waiting area is not available, or its use impractical, the court shall minimize contact of the victim with the defendant, relatives of the defendant, and defense witnesses during court proceedings.
Laws, 1998, ch. 577, § 12, eff. 1/1/1999.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 43 - MISSISSIPPI CRIME VICTIMS' BILL OF RIGHTS (§§ 99-43-1 — 99-43-101) › Section 99-43-25 - Victim residence and identification information; petition, hearing and confidentiality

(1)
Based upon the reasonable apprehension of the victim of acts or threats of physical violence or intimidation by the defendant, the family of the defendant, or by anyone at the direction of the defendant, against the victim or the immediate family of the victim, the prosecutor may petition the court to direct that the victim or any other witness not be compelled to testify during pre-trial proceedings or in any trial, facts that could divulge the identity, residence, or place of employment of the victim, or other related information, without consent of the victim unless necessary to the prosecution of the criminal proceeding. If the court schedules a hearing on the merits of the petition, it shall be held in camera.
(2)
The address, phone number, place of employment, and other related information about the victim contained in the prosecuting attorney's file shall not be public record.
Laws, 1998, ch. 577, § 13, eff. 1/1/1999.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 43 - MISSISSIPPI CRIME VICTIMS' BILL OF RIGHTS (§§ 99-43-1 — 99-43-101) › Section 99-43-27 - Negotiated plea agreements; notice and presence

The victim has the right to be present at any proceeding at which a negotiated plea for the person accused of committing the criminal offense against the victim will be presented to the court. The court shall not accept a plea agreement unless:
(a)
The prosecuting attorney advises the court that, before requesting the negotiated plea, reasonable efforts were made to confer with the victim.
(b)
Reasonable efforts were made to give the victim notice of the plea proceeding, including the offense to which the defendant will plead guilty, the date that the plea will be presented to the court, the terms of any sentence agreed to as part of the negotiated plea, and that the victim has the right to be present.
Laws, 1998, ch. 577, § 14, eff. 1/1/1999.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 43 - MISSISSIPPI CRIME VICTIMS' BILL OF RIGHTS (§§ 99-43-1 — 99-43-101) › Section 99-43-29 - Notice regarding disposition and sentencing

The prosecuting attorney shall provide to the victim the date of a conviction, acquittal, or dismissal of the charges filed against the defendant and prior to sentencing, when applicable, notice of the following:
(a)
The criminal offense for which the defendant was convicted, acquitted, or the effect of a dismissal of the charges filed against the defendant.
(b)
If the defendant is convicted, on request, the victim shall be notified, if applicable, of the following:
(i)
The existence and function of the pre-sentence report.
(ii)
The name, address, and telephone number of the office which is preparing the pre-sentence report.
(iii)
The right to make a victim impact statement.
(iv)
The right of the defendant to view the pre-sentence report.
(v)
The right to be present and be heard at any sentencing proceeding.
(vi)
The time, place and date of the sentencing proceeding.
(vii)
If the court orders restitution, the right to pursue collection of the restitution as provided by Section
99-37-1
et seq., Mississippi Code of 1972.
Laws, 1998, ch. 577, § 15, eff. 1/1/1999.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 43 - MISSISSIPPI CRIME VICTIMS' BILL OF RIGHTS (§§ 99-43-1 — 99-43-101) › Section 99-43-31 - Victim impact statements to probation officers; duty to consider victim impact

The victim may submit a written impact statement or make an oral impact statement to the probation officer for use in preparing a pre-sentence report. The probation officer shall consider the economic, physical, and psychological impact that the criminal offense has had on the victim and the immediate family of the victim.
Laws, 1998, ch. 577, § 16, eff. 1/1/1999.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 43 - MISSISSIPPI CRIME VICTIMS' BILL OF RIGHTS (§§ 99-43-1 — 99-43-101) › Section 99-43-33 - Victim impact statements during court proceedings

The victim has the right to present an impact statement or information that concerns the criminal offense or the sentence during any entry of a plea of guilty, sentencing or restitution proceeding.
Laws, 1998, ch. 577, § 17, eff. 1/1/1999.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 43 - MISSISSIPPI CRIME VICTIMS' BILL OF RIGHTS (§§ 99-43-1 — 99-43-101) › Section 99-43-35 - Post-arrest release or escape and post-sentencing information

The victim has the right to the following information:
(a)
As soon as practicable after the date of sentencing, the office of the prosecuting attorney shall notify the victim of the sentence imposed on the defendant.
(b)
The names, addresses and telephone numbers of the appropriate agencies and departments to whom request for notice should be provided.
(c)
The status of any post-conviction court review or appellate proceeding or any decisions arising from those proceedings shall be furnished to the victim by the Office of the Attorney General or the office of the district attorney, whichever is appropriate, within five (5) business days after the status is known.
(d)
Upon any post-arrest release of the defendant, the sheriff or municipal jailer shall, upon request, notify the victim of the release of the defendant. In the case of domestic violence or sexual assault, the appropriate law enforcement agency shall make a reasonable attempt to notify the victim of the defendant's post-arrest release, regardless of the victim's exercise of the right to receive this information.
(e)
The agency having physical custody of a prisoner shall, if provided a request for notice, and as soon as practicable, give notice to the victim of the escape and, subsequently, the return of the prisoner into custody.
(f)
Upon receiving notice from the Department of Mental Health of the release of a person who was civilly committed under Section
41-21-63
as a person with unresolved felony charges found incompetent to stand trial, the office of the prosecuting attorney must notify a victim or victim representative who has complied with Section
99-43-9
.
Laws, 1998, ch. 577, § 18; Laws, 2007, ch. 587, § 9, eff. 7/1/2007.
Amended by Laws, 2019, ch. 468, SB 2328,§ 23, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 43 - MISSISSIPPI CRIME VICTIMS' BILL OF RIGHTS (§§ 99-43-1 — 99-43-101) › Section 99-43-37 - Presence at court proceedings; oral or written statements by victim

It is the discretion of the victim to exercise the right to be present and heard, where authorized by law, at a court proceeding. The absence of the victim at the proceeding of the court does not preclude the court from going forward with the proceeding. The right of the victim to be heard may be exercised, where authorized by law, at the discretion of the victim, through an oral statement or submission of a written statement, or both.
Laws, 1998, ch. 577, § 19; Laws, 2004, ch. 355, § 2, eff. 4/20/2004.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 43 - MISSISSIPPI CRIME VICTIMS' BILL OF RIGHTS (§§ 99-43-1 — 99-43-101) › Section 99-43-39 - Return and release of victims' property

(1)
Prior to the admission into evidence by the court, on request of the victim, after consultation and written approval by the prosecuting attorney, the law enforcement agency responsible for investigating the criminal offense shall return to the victim any property belonging to the victim that was taken during the course of the investigation, or shall inform the victim of the reasons why the property will not be returned. The law enforcement agency shall make reasonable efforts to return the property to the victim as soon as possible.
(2)
If the property of the victim has been admitted as evidence during a trial or hearing, the court may, upon request of the prosecuting attorney, order its release to the victim if a photograph can be substituted. If evidence is released pursuant to this subsection, the attorney for the defendant or investigator may inspect and independently photograph the evidence before it is released.
Laws, 1998, ch. 577, § 20, eff. 1/1/1999.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 43 - MISSISSIPPI CRIME VICTIMS' BILL OF RIGHTS (§§ 99-43-1 — 99-43-101) › Section 99-43-41 - Custodial agency notice requirements

Any custodial agency having physical custody of the prisoner, if provided a request for notice, shall mail to the victim the following information:
(a)
Within fifteen (15) days prior to the end of the sentence of the prisoner, notice of release upon expiration of sentence or notice of medical release.
(b)
Within fifteen (15) days after the prisoner has died, notice of the death.
Laws, 1998, ch. 577, § 21, eff. 1/1/1999.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 43 - MISSISSIPPI CRIME VICTIMS' BILL OF RIGHTS (§§ 99-43-1 — 99-43-101) › Section 99-43-43 - Victim statement or recording for Department of Corrections records; notice regarding parole or pardon proceedings; notice regarding change in custodial status proceedings

(1)
Upon written request, the victim shall have the right to be notified that he or she may submit a written statement, or audio or video recording, which shall be entered into the prisoner's Department of Corrections records. The statement or recording shall be considered during any review for community status of the prisoner or prior to release of the prisoner.
(2)
The victim shall have the right to be notified and allowed to submit a written or recorded statement when parole or pardon is considered.
(3)
The victim shall have the right to be notified and allowed to submit a written or recorded statement when any change in custodial status is considered, whether such action be by executive order or judicial action.
Laws, 1998, ch. 577, § 22; Laws, 2007, ch. 587, § 10, eff. 7/1/2007.