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Miss. Code Ann. § 99-43-7

Law enforcement notice requirements; clerk of court notice requirements

Applied in 1 court decision — leading case Howard Payton v. State of Mississippi (2019)

Most recently applied in Howard Payton v. State of Mississippi (March 2019)

Laws, 1998, ch. 577, § 4; Laws, 2007, ch. 587, § 8, eff from and after July 1, 2007.

(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: The availability of emergency and crisis services.

(2) The availability of victims’ compensation benefits and the address and telephone number of the Victim Compensation Division.

(3) 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.”

(4) The procedural steps involved in a criminal prosecution.

(5) The rights authorized by the Mississippi Constitution on rights of victims, including a form to invoke these rights.

(6) 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.

(7) A recommended procedure if the victim is subjected to threats or intimidation.

(8) The name and telephone number of the office of the prosecuting attorney to contact for further information.

(9) 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.

Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.