As Amended
SEC. 45-31-3. Definitions.
As used in this chapter, the following words and phrases shall have the meanings indicated unless the context clearly indicates otherwise:
(a) "Authorized employer representative" shall mean the chief executive officer or chief staff member of an employer, as defined in paragraph (g) of this section, who has been authorized by the authorizing agency to receive on behalf of the employer sex offense criminal history record information about present and prospective employees of the employer.
(b) "Authorizing agency" shall mean the Office of the Attorney General which reviews, approves or disapproves applications from employer representatives for authorization to receive sex offense criminal history record information.
(c) "Responding agency" shall mean the Mississippi Highway Safety Patrol and local law enforcement agencies, which respond to requests from authorized employer representatives for sex offense criminal history record information.
(d) "Child" shall mean any person under eighteen (18) years of age.
(e) "Disposition" shall mean an official determination indefinitely postponing or terminating further action in a criminal proceeding or an official outcome of a criminal proceeding, including but not limited to acquittal, dismissal of the charge, finding of not guilty or acquittal by reason of insanity, nolle prosequi decision, pretrial diversion decision, appeal, or a determination of guilt based on a conviction, guilty plea, or plea of nolo contendere; any sentence imposed in connection with such determination; and any grant of executive clemency or pardon.
(f) "Employee" shall mean a person who renders time and services to an employer, and whose regular course of duties places that person in a position:
(i) To exercise supervisory or disciplinary control over children; or
(ii) To have direct access to or contact with children served by the employer; or
(iii) To have access to information and records maintained by the employer relating to identifiable children served by the employer.
For the purposes of this chapter, "employee" includes any volunteer, any prospective employee, and any prospective volunteer.
(g) "Employer" shall mean a business, nonprofit or volunteer organization, a unit of such business or organization, or a unit of government not responsible for law enforcement whose employees regularly render services to children, including but not limited to care, treatment, transportation, instruction, companionship, entertainment or custody. The State Department of Education shall be considered the employer of any certificated personnel as defined in Section 37-19-7, employed by a public or private elementary or secondary school, for purposes of Sections 45-31-1 through 45-31-19.
(h) "Employer representative" shall mean the chief executive officer or chief staff member of an employer, as defined in paragraph (g) of this section, who applies to the authorizing agency for authorization to receive on behalf of the employer sex offense criminal history record information about present and prospective employees of the employer.
(i) "Sex offense" shall mean any of the following offenses:
Section 97-3-65, Mississippi Code of 1972, relating to the carnal knowledge of a child under fourteen (14) years of age;
Section 97-3-95, Mississippi Code of 1972, relating to sexual battery;
Section 97-5-21, Mississippi Code of 1972, relating to seduction of a child under age eighteen (18);
Section 97-5-23, Mississippi Code of 1972, relating to the touching of a child for lustful purposes;
Section 97-5-27, Mississippi Code of 1972, relating to the dissemination of sexually oriented material to children;
Section 97-5-33, Mississippi Code of 1972, relating to the exploitation of children;
Section 97-5-41, Mississippi Code of 1972, relating to the carnal knowledge of a stepchild, adopted child, or child of a cohabitating partner;
Section 97-29-59, Mississippi Code of 1972, relating to unnatural intercourse; or
Any other offense committed in another jurisdiction which, if committed in this state, would be deemed to be such a crime without regard to its designation elsewhere.
(j) "Sex offense criminal history record information" shall mean information relating to any sex offense enumerated in paragraph (i) of this section which is specifically identifiable to an individual, consisting of descriptions and notations of arrests, charges, and all dispositions, if any.
SOURCES: Laws, 1987, ch. 465, Sec. 3; 1991, ch. 448, Sec. 2, eff from and after July 1, 1991.