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2012 CUMULATIVE SUPPLEMENT TO CODE MISSISSIPPI ANNOTATED 1972 Issued September, 2012 CONTAINING PERMANENT PUBLIC STATUTES OF MISSISSIPPI ENACTED THROUGH THE 2012 REGULAR SESSION OF THE LEGISLATURE PUBLISHED BYAUTHORITY OF THE LEGISLATURE SUPPLEMENTING Volume 2 (As Revised 2002) For latest statutes or assistance call 1-800-833-9844 By the Editorial Staffofthe Publisher LexisNexis QUESTIONSABOUT THIS PUBLICATION? ForEDITORIALQUESTIONS concerningthispublication, orREPRINTPERMISSION, pleasecall: 800-833-9844 ForCUSTOMERSERVICEASSISTANCEconcerningreplacementpages, shipments,billingorother matters,pleasecall: CustomerServiceDepartmentat 800-833-9844 OutsidetheUnitedStatesandCanada 518-487-3000 FAX 518-487-3584 ForINFORMATIONONOTHERMATTHEWBENDERPUBLICATIONS,pleasecall: Youraccountmanageror 800-223-1940 OutsidetheUnitedStates andCanada 518-487-3000 Copyright © 2012 by THE STATE OF MISSISSIPPI All rights reserved. LexisNexis and the Knowledge Burst logo are registered trademarks, and Michie is a trademark ofReed ElsevierProperties, Inc., used underlicense. Matthew Benderis a registered trademark ofMatthew BenderProperties, Inc. 5460223 ISBN 978-0-327-09628-3 (Code set) ISBN 978-0-327-02086-8 (Volume 2) r LexisNexis Matthew Bender & Company, Inc. 701 E. Water Street, Charlottesville, VA22902-5389 wwwXexisnexis.com (Pub.44510) User's Guide Inorderto assistboththelegal profession andthe laymaninobtainingthe maximumbenefitfromthe Mississippi Code of1972Annotated, aUser's Guide has been included in the main volume. This guide contains comments and information on the many features found within the Code intended to increase the usefulness ofthe Code to the user. 111 Digitized by the Internet Archive 2013 in http://archive.org/details/govlawmssupp22012 PUBLISHER'S FOREWORD Statutes The 2012 Supplement to the Mississippi Code of 1972 Annotated reflects the statute law of Mississippi as amended by the Mississippi Legislature through the end ofthe 2012 Regular Session. Annotations Case annotations are included based on decisions ofthe State and federal courts in cases arising in Mississippi. Annotations to collateral research references are also included. To better serve our customers by making our annotations more current, LexisNexishas changedthe sources thatarereadtocreate annotations forthis publication. Rather than waiting for cases to appear in printed reporters, we now read court decisions as they are released by the courts. Aconsequence of this more current reading ofcases, as they are posted online on LexisNexis, is thatthe mostrecent cases annotatedmaynotyethave printreportercitations. These will be provided, as they become available, through later publications. This publication contains annotations taken from decisions ofthe Missis- sippi Supreme Court andthe CourtofAppeals and decisions ofthe appropriate federal courts. These cases will be printed in the following reporters: Southern Reporter, 3rd Series United States Supreme Court Reports Supreme Court Reporter United States Supreme Court Reports, Lawyers' Edition, 2nd Series Federal Reporter, 3rd Series Federal Supplement, 2nd Series Federal Rules Decisions Bankruptcy Reporter Additionally, annotations have been taken from the following sources: American Law Reports, 6th Series American Law Reports, Federal Series Mississippi College Law Review Mississippi Law Journal Finally, published opinions of the Attorney General and opinions of the Ethics Commission have been examined for annotations. Amendment Notes Amendment notes detail how the new legislation affects existing sections. Editor's Notes Editor's notes summarize subject matter and legislative history of repealed sections, provide information as to portions oflegislative acts thathave not been codified, or explain other pertinent information. Publisher's Foreword Joint Legislative Committee Notes Joint Legislative Committee notes explain codification decisions and corrections ofCode errors made by the Mississippi Joint Legislative Commit- tee on Compilation, Revision, and Publication ofLegislation. Tables The StatutoryTablesvolume adds tables showingdispositionoflegislative acts through the 2012 Regular Session. Index The comprehensive Index to the Mississippi Code of 1972 Annotated is replaced annually, andwe welcome customer suggestions. The foreword to the Index explains our indexing principles, suggests guidelines for successful index research, and provides methods for contacting indexers. Acknowledgements The publisher wishes to acknowledge the cooperation and assistance rendered by the Mississippi Joint Legislative Committee on Compilation, Revision, and Publication ofLegislation, as well as the offices ofthe Attorney General and Secretary ofState, in the preparation ofthis supplement. User Information Visit the LexisNexis website at http://www.lexisnexis.com for an online bookstore, technical support, customer support, and other company information. For further information or assistance, please call us toll-free at (800) 833-9844, fax us toll-free at (800) 643-1280, e-mail us at [email protected], or write to: Mississippi Code Editor, LexisNexis, 701 E. Water Street, Charlottesville, VA 22902-5389. September 2012 LexisNexis VI SCHEDULE OF NEW SECTIONS Added in this Supplement TITLE STATE SOVEREIGNTY, JURISDICTIONAND HOLIDAYS 3. CHAPTER 3. State Boundaries, Holidays, and State Emblems Sec. 3-3-15.1. Display ofPOW/MIAflag. 3-3-20. State reptile. 3-3-45. State soil. 3-3-47. StateAutomobile Museum. 3-3-49. State Historical Industrial Museum. 3-3-51. "Nurses Month" designated. 3-3-53. "Mississippi HealthAwareness Day" designated. 3-3-55. "Katrina Day ofRemembrance" designated. 3-3-57. State military history museum. TITLE LEGISLATIVE DEPARTMENT 5. CHAPTER 1. Legislature 5-1-85. Publication offiscal note for certain bills or concurrent resolutions. TITLE EXECUTIVE DEPARTMENT 7. 7-5-8. Congtingent fee contracts with outside counsel. CHAPTER 7. State Fiscal Officer; Department ofAudit Article 1. State Fiscal Officer 7-7-81. Audits ofentities andtheiruseofAmericanRecoveryandReinvestment Act of2009 funds; Auditor's EnhancedAccountability Fund created. Article 3. Department ofAudit 7-7-204. Paid internship program for certain students working toward a bach- elor'sormaster'sdegreeinaccounting; eligibilityrequirements;liability ofrecipientswhofailtocomplete courseworkordegreeorfailtoworkas auditor at Office ofStateAuditor for requisite period oftime. TITLE COURTS 9. CHAPTER 1. Provisions Common to Courts GENERAL PROVISIONS 9-1-47. Municipal andjustice courts authorized to purgejudgmentrolls offines and fees owed by deceased person. CHAPTER 7. Circuit Courts CIRCUIT COURT COMMUNITY CORRECTIONSACT OF 2010 9-7-201. Circuit Court Community Corrections Program pilot program authorized; Circuit Court Community Corrections Commissions; member- ship, terms of service, authority, rules for conduct; definitions; place- ment by judicial officer of eligible person in or under supervision of 2012 Supplement 1 Schedule of New Sections Circuit Court Community Corrections Program; collection offees from program participants [Repealed effective July 1, 2013]. CHAPTER 9. County Courts Sec. 9-9-18.2. County courtjudge for Pearl River County. 9-9-18.3. Additional county courtjudges for Lauderdale County. 9-9-18.5. Additional county courtjudge for DeSoto County. CHAPTER 13. Court Reporters and Court Reporting 9-13-118. Practicing court reportingwithout certification; filingfalse information to obtain certification; penalties. CHAPTER 19. Commission on Judicial Performance 9-19-31. Judicial Performance Fund created; purpose; distribution of monies from fund; fund to be a continuing fund; components offund. CHAPTER 21.Administrative Office ofCourts CREATIONAND DUTIES OFADMINISTRATIVE OFFICE OF COURTS 9-21-14. Comprehensive Electronic Court Systems Fund created; purpose; distribution ofmonies from fund; continuing fund; pilot program. 9-21-43. Mississippi Civil LegalAssistance Fund created; organizations eligible to receive funds. 9-21-45. Judicial System OperationFund created; source ofmoney; use offunds. ADMINISTRATIVE OFFICE OF THE COURTS TO ESTABLISH PROGRAM FOR USE OF INTERPRETERS INALL COURTS 9-21-71. Definitions. 9-21-73. Program established. 9-21-75. Compensation. 9-21-77. Oath, confidentiality and public comment. 9-21-79. Determination ofneed for an interpreter. 9-21-81. Interpreter's fees and expenses. CHAPTER 23. Drug Courts 9-23-1. Short title. 9-23-3. Legislative intent. 9-23-5. Definitions. 9-23-7. Administrative Office ofCourts to certify and monitor drug courts. 9-23-9. State Drug Courts Advisory Committee created; recommendations; rules and regulations. 9-23-11. Requirements for alcohol and drug intervention component; rules and special orders; employees ofdrug court; regulation; fees and costs. 9-23-13. Intervention services; certification ofinpatient treatment programs. 9-23-15. Requirements for participation in drug courts. 9-23-17. Authority ofAdministrative Office ofCourts. 9-23-19. Funding for drug courts. 9-23-21. Immunity for drug court staff. 9-23-23. Successfulcompletionofdrugcourtmayresultinexpunctionofcriminal record. DRUG COURT FUND 9-23-51. Drug Court Fund created; purpose; distribution of monies from fund; fund to be a continuing fund; components offund. 2 2012 Supplement Schedule of New Sections TITLE 11. CIVIL PRACTICEAND PROCEDURE CHAPTER 1. Practice and Procedure Provisions Common to Courts Sec. 11-1-8. Advertisingbyattorneys not admitted to practice inMississippi prohib- ited. 11-1-18. Bench trials allowed in certain cases where parties agree. 11-1-52. Limitations on charges permitted for photocopying patients'records by medical provider; physicians to make reasonable charges for deposi- tions; limitations on charges permitted for execution of patient-re- quested medical record affidavitbymedical provider; medical providers to comply with HIPAA. 11-1-54. Assessment for filing frivolous claims. 11-1-56. Responsive pleading to precede assignment to ajudge. 11-1-58. Certificate of consultation required in medical malpractice actions; exceptions. 11-1-60. Limitation on noneconomic damages in medical malpractice actions; definitions. 11-1-62. Protection ofmedical professionals who prescribe FDAapproved drugs. 11-1-64. Repealed 11-1-66. Immunity of premise owners from civil liability in certain circum- stances. 11-1-67. Authority to sue traders in firearms reserved to state. 11-1-69. Prohibition ofhedonic damages in civil actions. 11-1-71. Immunity ofmedical personnel who provide volunteer service in school programs. 2012 Supplement