Mississippi Code, Volume 11B, 2014 Supplement

2014·15 MB·English

by  State of Mississippi

2014
CUMULATIVE SUPPLEMENT
TO
CODE
MISSISSIPPI
ANNOTATED
1972
Issued September 2014
CONTAINING PERMANENT PUBLIC STATUTES OF MISSISSIPPI
ENACTED THROUGH THE 2014 REGULAR SESSION
AND 1STAND 2ND EXTRAORDINARY SESSIONS
PUBLISHED BYAUTHORITY OF
THE LEGISLATURE
SUPPLEMENTING
Volume IIB
Titles 45 to 47
(As Revised 2011)
For latest statutes or assistance call 1-800-833-9844
By the Editorial Staffofthe PubHsher
LexisNexis
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User's Guide
Inorderto assistboththe legal profession andthelaymaninobtainingthe
maximumbenefitfrom the 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.
iii
Digitized by the Internet Archive
2014
in
https://archive.org/details/govlawmsv11bcsy1972
PUBLISHER'S FOREWORD
Statutes
The 2014 Supplement to the Mississippi Code of 1972 Annotated reflects
the statute law of Mississippi as amended by the Mississippi Legislature
through the end ofthe 2014 Regular Session and 1st and 2nd Extraordinary
Sessions.
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,
LexisNexis has changedthe sources thatare readtocreate 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. A consequence of
this more current reading ofcases, as they are posted online on LexisNexis, is
thatthe mostrecentcases annotated maynotyethave 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 2nd
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 re-
pealed sections, provide information as to portions oflegislative acts thathave
not been codified, or explain other pertinent information.
V
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 2014 Regular Session and 1st and 2nd Extraordinary
Sessions.
Index
The comprehensive Index to the Mississippi Code of 1972 Annotated is
replaced annually, and we 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 oftheAttorney
General and Secretary ofState, in the preparation ofthis supplement.
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September 2014 LexisNexis
vi
SCHEDULE OF NEW SECTIONS
Added in this Supplement
TITLE 45. PUBLIC SAFETYAND GOOD ORDER
CHAPTER 1. Department ofPublic Safety
GENERAL PROVISIONS
Sec.
45-1-47. DepartmentofPublic Safetyauthorizedtosellandreplaceas neededits
fleet ofaircraft; use ofproceeds.
CHAPTER 6. Law Enforcement Officers Training Program
45-6-21. Motorcycle Officers Training Program Fund created.
CHAPTER Weapons
9.
LICENSE TO CARRY CONCEALED PISTOL OR REVOLVER
45-9-103. Federal firearm reporting.
CHAPTER 33. Registration ofSex Offenders
45-33-45. Data monitoring and alert system for certain persons required to be
monitored.
45-33-61. AccesstoAdministrative OfficeofCourts'youthcourtdatamanagement
system by sex offenders prohibited.
CHAPTER 43. William Lee Montjoy Pool SafetyAct
45-43-1. Short title.
45-43-3. Definitions.
45-43-5. Applicabihty.
45-43-7. Certain property owners or owners associations that own, control or
maintain a pool required to completely enclose pool yard.
45-43-9. Requirements for gates and latches.
45-43-11. Applicability to existing pool yard enclosures.
45-43-13. Requirements regarding doors that open into pool yard.
45-43-15. Use of a wall of a building as part of pool yard enclosure; when
permitted.
45-43-17. Comphance with Sections 45-43-13 and 45-43-15.
45-43-19. Inspection, maintenance, repair and upkeep of pool yard enclosures,
gates, windows, doors, latching devices, etc.
45-43-21. Compliance with chapter; exceeding chapter standards.
45-43-23. Enforcement ofchapter.
45-43-25. Applicability to other bodies ofwater.
45-43-27. Relation to other laws, regulations.
45-43-29. Remedies not exclusive.
45-43-31. Construction and purpose.
CHAPTER 45. Mississippi Conveyance SafetyAct
45-45-1. Short title.
45-45-3. Purpose ofchapter.
45-45-5. Equipment covered by chapter.
2014 Supplement 1
Schedule of New Sections
45-45-7. Equipment not covered by chapter.
45-45-9. Definitions.
45-45-11. Persons authorized to erect, construct, alter, replace, maintain, test,
remove, dismantle or wire conveyances.
45-45-13. Promulgation ofregulations for equipment, fees and licenses regulated
by chapter.
45-45-15. Application process; fee schedule; applicant qualifications and abilities;
terms oflicense; renewal.
45-45-17. Reasons license may be suspended, revoked or subject to civil penalty.
45-45-19. Registration ofconveyances.
45-45-21. Inspection, testing installation, service and maintenance of convey-
ances.
45-45-23. Permit required before erecting, constructing, installing or altering
conveyances; application for permit; revocation or expiration ofpermit.
45-45-25. New conveyance installations to be performed by licensed elevator
contractors; certificate ofoperation; annual renewal.
45-45-27. Inspection and testing ofconveyances.
45-45-29. Penalty for violation ofchapter.
45-45-31. Prospective application ofchapter.
45-45-33. Construction ofchapter.
45-45-35. Mississippi Elevator and Conveyance Fund created; source and use of
monies in fund.
45-45-37. Promulgation ofrules and regulations for licensing and enforcement of
chapter.
CHAPTER 47. DNAData Bank
45-47-1. DNA samples to be collected from persons arrested for commission or
attempted commission of certain crimes of violence; destruction of
sample; penalties for obtaining, receiving or disseminating information
in DNAdata bankwithout authority [Section contingent upon funding,
see subsection (6).]
TITLE 47. PRISONSAND PRISONERS; PROBATIONAND PAROLE
CHAPTER 5. Correctional System
OPERATION, MANAGEMENTAND PERSONNEL
47-5-6. Oversight Task Force established; composition; powers and duties.
47-5-11. Department to collect certain prison, probation and post-release super-
vision data; report to Oversight Task Force.
47-5-39. Fiscal impact notes.
OFFENDERS
47-5-180. Appointmentofcommissionertomakehealth-caredecisionsforoffender
who lacks capacity and does not have relative available; procedure;
applicability ofUniform Health-Care Decisions Act.
YOUTHFUL OFFENDERS
47-5-1401. EstablishmentofYouthful OffenderUnit at Central Mississippi Correc-
tional Facility; age limitations on youth housed in unit.
CHAPTER 7. Probation and Parole
PROBATIONAND PAROLE LAW
47-7-3.1. Case plan for parole-eligible inmates; purpose; components.
2 2014 Supplement
Schedule of New Sections
47-7-3.2. Minimum time offenders convicted of crime of violence must serve
before release; minimum percentage ofother sentences offenders must
serve before release.
47-7-6. Parole Board to collect certain information and report semiannually to
Oversight Task Force.
47-7-18. Conditions for release ofparole-eligible inmates without hearing; hear-
ing required under certain circumstances.
47-7-33.1. Pre-release assessment and written discharge plan.
47-7-38. Graduatedsanctionsasalternativetojudicialmodificationorrevocation
ofparole, probation or post-release supervision.
47-7-38.1. Technical violation centers.
47-7-40. Earned-dischargeprogram; eligibility; accrualofeamed-dischargecred-
its.
2014 Supplement 3