SEC. 99-43-5 Designated and lawful representatives.

(1) If a victim is physically or emotionally unable to exercise any right established by this act, 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.

Source: Laws, 1998, Ch. 577, § 3, SB 2352, eff January 1, 1999 provided the enactment of Section 26A of the Mississippi Constitution, as proposed by Senate Concurrent Resolution No. 513, 1998 Regular Session, has been ratified by the people.

NOTE: Laws, 1998, ch. 577, § 26, provides:

SECTION 26. This act shall take effect and be in force from and after January 1, 1999, provided that the amendment to the Mississippi Constitution of 1890 proposed by Senate Concurrent Resolution No. 513, 1998 Regular Session, has been ratified by the people.