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Mississippi Legislature· SB 2126Approved by Governor (Chapter 419)

Name change; prohibit for persons convicted of a crime of violence and for sex offenders., the official text

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MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Judiciary, Division A

By: Senator(s) Hill, McLendon

Senate Bill 2126

(As Sent to Governor)

AN ACT TO CREATE NEW SECTION 45-33-30, MISSISSIPPI CODE OF
1972, TO PROHIBIT A PERSON WHO IS REQUIRED TO REGISTER AS A SEX OFFENDER FROM
CHANGING HIS OR HER NAME WITH CERTAIN EXCEPTIONS; TO AMEND SECTIONS 93-17-1, 45-33-25,
45-33-29, 45-33-33, AND 45-33-35, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR
RELATED PURPOSES.

BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1.  The
following shall be codified as Section 45-33-30, Mississippi Code of 1972:

45-33-30.  It shall
be unlawful for a person required to register under this chapter to change his
or her name except when his or her name changed as a result of marriage or
divorce.  A certified copy of a marriage certificate or divorce decree shall be
required to receive the name change exception provided in this section.  A
person who violates this section is guilty of a felony and shall be punished by
a fine not to exceed Five Thousand Dollars ($5,000.00) or a term of
imprisonment not to exceed five (5) years, or both fine and imprisonment.

SECTION 2.  Section
93-17-1, Mississippi Code of 1972, is amended as follows:

93-17-1.  (1)  The chancery court or the
chancellor in vacation, of the county of the residence of the petitioners shall
have jurisdiction upon the petition of any person to alter the names of such
person, to make legitimate any living offspring of the petitioner not born in
wedlock, and to decree said offspring to be an heir of the petitioner unless
the alteration of the name is prohibited under Section 1 of this act.

(2)
An illegitimate child shall become a legitimate child of the natural father if
the natural father marries the natural mother and acknowledges the child.

SECTION 3.  Section
45-33-25, Mississippi Code of 1972, is amended as follows:

45-33-25.  (1)  (a)  Any
person having a permanent or temporary residence in this state or who is
employed or attending school in this state who has been convicted of a
registrable offense in this state or another jurisdiction or who has been
acquitted by reason of insanity of a registrable offense in this state or
another jurisdiction shall register with the responsible agency and the
Mississippi Department of Public Safety.  Registration shall not be required
for an offense that is not a registrable sex offense or for an offender who is
under fourteen (14) years of age.  The department shall provide the initial
registration information as well as every * * * change of name, change of address, change of
status at a school, or other change of information as required by the department
to the sheriff of the county of the residence address of the registrant, the
sheriff of the county of the employment address, and the sheriff of the county
of the school address, if applicable, and any other jurisdiction of the registrant
through either written notice, electronic or telephone transmissions, or online
access to registration information.  Further, the department shall provide this
information to the Federal Bureau of Investigation.  Additionally, upon
notification by the registrant that he intends to reside outside the State of
Mississippi, the department shall notify the appropriate state law enforcement
agency of any state to which a registrant is moving or has moved.

(b)  Any person having
a permanent or temporary residence or who is employed or attending school in
this state who has been adjudicated delinquent for a registrable sex offense
listed in this paragraph that involved use of force against the victim shall
register as a sex offender with the responsible agency and shall personally
appear at a facility designated by the Mississippi Department of Public Safety,
or in a manner of the Department of Public Safety's choosing, including by
electronic means, within three (3) business days of registering with the
responsible agency:

(i)  Section 97-3-71
relating to rape and assault with intent to ravish;

(ii)  Section 97-3-95
relating to sexual battery;

(iii)  Section 97-3-65
relating to statutory rape; or

(iv)  Conspiracy to
commit, accessory to the commission of, or attempt to commit any offense listed
in this paragraph.

(2)  Any person required to
register under this chapter shall submit the following information at the time
of registration:

(a)  Name, including a
former name which has been legally changed;

(b)  Street address of
all current permanent and temporary residences within state or out of state at
which the sex offender resides or habitually lives, including dates of
temporary lodgings.  There is a presumption that a registrant owes a duty of
updating registration information if the registrant remains away from a
registered address for seven (7) or more aggregate days in a six (6) month
period;

(c)  Date, place and
address of employment, including as a volunteer or unpaid intern or as a
transient or day laborer;

(d)  Crime for which
charged, arrested or convicted;

(e)  Date and place of
conviction, adjudication or acquittal by reason of insanity;

(f)  Aliases used or
nicknames, ethnic or tribal names by which commonly known;

(g)  Social security
number and any purported social security number or numbers;

(h)  Date and place of
birth and any purported date and place of birth;

(i)  Age, race, sex,
height, weight, hair and eye colors, and any other physical description or
identifying factors;

(j)  A brief
description of the offense or offenses for which the registration is required;

(k)  Driver's license
or state or other jurisdiction identification card number, which license or
card may be electronically accessed by the Department of Public Safety;

(l)  Anticipated future
residence;

(m)  If the registrant's
residence is a motor vehicle, trailer, mobile home or manufactured home, the
registrant shall also provide vehicle identification number, license tag
number, registration number and a description, including color scheme, of the
motor vehicle, trailer, mobile home or manufactured home; if the registrant's
place of residence is a vessel or houseboat, the registrant shall also provide
the hull identification number, manufacturer's serial number, name of the
vessel or houseboat, registration number and a description, including color
scheme, of the vessel or houseboat, including permanent or frequent locations
where the motor vehicle, trailer, mobile home, manufactured home, vessel or
houseboat is kept;

(n)  Vehicle make,
model, color and license tag number for all vehicles owned or operated by the
sex offender, whether for work or personal use, and the permanent or frequent
locations where a vehicle is kept;

(o)  Offense history;

(p)  Photograph;

(q)  Fingerprints and
palm prints;

(r)  Documentation of
any treatment received for any mental abnormality or personality disorder of
the person;

(s)  Biological sample;

(t)  Name of any public
or private educational institution, including any secondary school, trade or
professional institution or institution of higher education at which the
offender is employed, carries on a vocation (with or without compensation) or
is enrolled as a student, or will be enrolled as a student, and the registrant's
status;

(u)  Copy of conviction
or sentencing order for the sex offense for which registration is required;

(v)  The offender's
parole, probation or supervised release status and the existence of any
outstanding arrest warrants;

(w)  Every online
identity, screen name or username used, registered or created by a registrant;

(x)  Professional
licensing information which authorizes the registrant to engage in an
occupation or carry out a trade or occupation;

(y)  Information from
passport and immigration documents;

(z)  All telephone
numbers, including, but not limited to, permanent residence, temporary
residence, cell phone and employment phone numbers, whether landlines or cell
phones; and

(aa)  Any other
information deemed necessary.

(3)  For purposes of this
chapter, a person is considered to be residing in this state if he maintains a
permanent or temporary residence as defined in Section 45-33-23, including
students, temporary employees and military personnel on assignment.

(4)  (a)  A person required
to register under this chapter shall not reside within three thousand (3,000)
feet of the real property comprising a public or nonpublic elementary or
secondary school, a child care facility, a residential child-caring agency, a
children's group care home or any playground, ballpark or other recreational
facility utilized by persons under the age of eighteen (18) years.

(b)  A person residing
within three thousand (3,000) feet of the real property comprising a public or
nonpublic elementary or secondary school or a child care facility does not
commit a violation of this subsection if any of the following apply:

(i)  The person is
serving a sentence at a jail, prison, juvenile facility or other correctional
institution or facility.

(ii)  The person is
subject to an order of commitment under Title 41, Mississippi Code of 1972.

(iii)  The person
established the subject residence before July 1, 2006.

(iv)  The
school or child care facility is established within three thousand (3,000) feet
of the person's residence subsequent to the date the person established
residency.

(v)  The person
established the subject residence between July 1, 2006, and January 1, 2014, in
a location at least one thousand five hundred (1,500) feet from the school or
child care facility.

(vi)  The person is
a minor or a ward under a guardianship.

(c)  A person residing
within three thousand (3,000) feet of the real property comprising a
residential child-caring agency, a children's group care home or any
playground, ballpark or other recreational facility utilized by persons under
the age of eighteen (18) years does not commit a violation of this subsection
if any of the following apply:

(i)  The person
established the subject residence before July 1, 2008.

(ii)  The
residential child-caring agency, children's group care home, playground,
ballpark or other recreational facility utilized by persons under the age of
eighteen (18) years is established within three thousand (3,000) feet of the
person's residence subsequent to the date the person established residency.

(iii)  The person
established the subject residence between July 1, 2008, and January 1, 2014, in
a location at least one thousand five hundred (1,500) feet from the residential
child-caring agency, children's group care home, playground, ballpark or other
recreational facility utilized by persons under the age of eighteen (18) years.

(iv)  Any of the
conditions described in subsection (4)(b)(i), (ii) or (vi) exist.

(5)  The Department of
Public Safety is required to obtain the text of the law defining the offense or
offenses for which the registration is required.

SECTION 4.  Section
45-33-29, Mississippi Code of 1972, is amended as follows:

45-33-29.  (1)  Upon
any change of address, including temporary lodging, an offender required to
register under this chapter is required to personally appear at a facility
designated by the Department of Public Safety, or in a manner of the Department
of Public Safety's choosing, including by electronic means, not less than ten
(10) days before he intends to first reside at the new address.

(2)  Upon any change in the
status of a registrant's enrollment, employment or vocation at any public or
private educational institution, including any secondary school, trade or
professional institution or institution of higher education, the offender is
required to personally appear at a facility designated by the Department of
Public Safety, or in a manner of the Department of Public Safety's choosing,
including by electronic means, within three (3) business days of the change.

(3)  Upon any change of
employment * * * or change
of name, a registrant is required to personally appear at a facility
designated by the Department of Public Safety, or in a manner of the Department
of Public Safety's choosing, including by electronic means, within three (3)
business days of the change.

(4)  Upon any change of
vehicle information, a registrant is required to report the change on an
appropriate form supplied by the department within three (3) business days of
the change.

(5)  Upon any change of e-mail
address or addresses, instant message address or addresses, or any other
designation used in Internet communications, postings or telephone
communications, a registrant is required to report the change on an appropriate
form supplied by the department within three (3) business days of the change.

(6)  Upon any change of
information deemed by the department to be necessary to the state's policy to
assist local law enforcement agencies' efforts to protect their communities, a
registrant is required to report the change on an appropriate form supplied by
the department within three (3) business days of the change.

SECTION 5.  Section
45-33-33, Mississippi Code of 1972, is amended as follows:

45-33-33.  (1)  (a)  The
failure of an offender to personally appear at a facility designated by the
Department of Public Safety, or in a manner of the Department of Public Safety's
choosing, including by electronic means, or to provide any registration or
other information, including, but not limited to, initial registration,
reregistration, change of address information, change of employment, * * * change of name,
required notification to a volunteer organization or any other registration
duty or submission of information required by this chapter is a violation of
this chapter.  Additionally, forgery of information or submission of
information under false pretenses, whether by the registrant or another person,
is also a violation of this chapter.

(b)  A person commits a
violation of this chapter who:

(i)  Knowingly
harbors, or knowingly attempts to harbor, or knowingly assists another person
in harboring or attempting to harbor a sex offender who is in violation of this
chapter;

(ii)  Knowingly
assists a sex offender in eluding a law enforcement agency that is seeking to
find the sex offender to question the sex offender about, or to arrest the sex
offender for, noncompliance with the requirements of this chapter; or

(iii)  Provides
information to a law enforcement agency regarding a sex offender which the
person knows to be false.

(c)  A registrant who
is required to submit to electronic monitoring who does not comply with all the
terms and conditions of the electronic monitoring commits a violation of this
chapter.

(2)  (a)  Unless otherwise
specified, a violation of this chapter shall be considered a felony and shall
be punishable by a fine of not more than Five Thousand Dollars ($5,000.00),
imprisonment in the custody of the Department of Corrections for not more than
five (5) years, or both fine and imprisonment.

(b)  A person who is
required to register under this chapter who is subsequently convicted for a
registration violation under this section, upon release from incarceration,
shall submit to mandatory electronic monitoring under the program established
under Section 45-33-45 for a period computed by subtracting the time the person
spent in actual incarceration from the five-year maximum imprisonment for the
offense and the period of post-release monitoring shall not be suspended or
reduced by the court or the Department of Corrections.

(3)  Whenever it appears
that an offender has failed to comply with the duty to register, reregister or
submit to electronic monitoring, the department shall promptly notify the
sheriff of the county of the last-known address of the offender as well as the
sheriff of the county of the last-known location of the offender, if
different.  Upon notification, the sheriff shall attempt to locate the offender
at his last-known address or last-known location.

(a)  If the sheriff
locates the offender, he shall enforce the provisions of this chapter,
including initiation of prosecution if appropriate.  The sheriff shall then
notify the department with the current information regarding the offender.

(b)  If the sheriff is
unable to locate the offender, the sheriff shall promptly notify the department
and initiate a criminal prosecution against the offender for the failure to
register, reregister or comply with electronic monitoring.  The sheriff shall
make the appropriate transactions into the Federal Bureau of Investigation's
wanted-person database and issue a warrant for the offender's arrest.  The
department shall notify the United States Marshals Service of the offender's
noncompliant status and shall update the registry database and website to show
the defendant's noncompliant status as an absconder.

(4)  A violation of this
chapter shall result in the arrest of the offender.

(5)  Any prosecution for a
violation of this section shall be brought by a prosecutor in the county of the
violation.

(6)  A person required to
register under this chapter who commits any act or omission in violation of
this chapter may be prosecuted for the act or omission in the county in which
the act or omission was committed, the county of the last registered address of
the sex offender, the county in which the conviction occurred for the offense
or offenses that meet the criteria requiring the person to register, the county
in which he was designated a sex offender, or the county in which the sex
offender was found.

(7)  The Commissioner of
Public Safety or his authorized agent shall suspend the driver's license or
driving privilege of any offender failing to comply with the duty to report,
register or reregister, submit to monitoring, or who has provided false
information.

(8)  When a person required
to register under this chapter is accused of any registration offense under
this section, pretrial release on bond shall be conditioned on the offender's
submission to electronic monitoring under the program established under Section
45-33-45.

SECTION 6.  Section
45-33-35, Mississippi Code of 1972, is amended as follows:

45-33-35.  (1)  The
Mississippi Department of Public Safety shall maintain a central registry of
sex offender information as defined in Section 45-33-25 and shall adopt rules
and regulations necessary to carry out this section.  The responsible agencies
shall provide the information required in Section 45-33-25 on a form developed
by the department to ensure accurate information is maintained.

(2)  Upon conviction,
adjudication or acquittal by reason of insanity of any sex offender, if the sex
offender is not immediately confined or not sentenced to a term of
imprisonment, the clerk of the court which convicted and sentenced the sex
offender shall inform the person of the duty to register, including the duty to
personally appear at a facility designated by the Department of Public Safety,
or in a manner of the Department of Public Safety's choosing, including by
electronic means, and shall perform the registration duties as described in
Section 45-33-23 and forward the information to the department.

(3)  Before release from
prison or placement on parole, supervised release or in a work center or
restitution center, the Department of Corrections shall inform the person of
the duty to register, including the duty to personally appear at a facility
designated by the Department of Public Safety, or in a manner of the Department
of Public Safety's choosing, including by electronic means, and shall perform
the registration duties as described in Section 45-33-23 and forward the
information to the Department of Public Safety.

(4)  Before release from a
community regional mental health center or from confinement in a mental
institution following an acquittal by reason of insanity, the director of the
facility shall inform the offender of the duty to register, including the duty
to personally appear at a facility designated by the Department of Public
Safety, or in a manner of the Department of Public Safety's choosing, including
by electronic means, and shall perform the registration duties as described in
Section 45-33-23 and forward the information to the Department of Public
Safety.

(5)  Before release from a
youthful offender facility, the director of the facility shall inform the
person of the duty to register, including the duty to personally appear at a
facility designated by the Department of Public Safety, or in a manner of the
Department of Public Safety's choosing, including by electronic means, and
shall perform the registration duties as described in Section 45-33-23 and
forward the information to the Department of Public Safety.

(6)  In addition to
performing the registration duties, the responsible agency shall:

(a)  Inform the person
having a duty to register that:

(i)  The person is
required to personally appear at a facility designated by the Department of
Public Safety, or in a manner of the Department of Public Safety's choosing,
including by electronic means, at least ten (10) days before changing address.

(ii)  Any change of
address to another jurisdiction shall be reported to the department by
personally appearing at a facility designated by the Department of Public
Safety, or in a manner of the Department of Public Safety's choosing, including
by electronic means, not less than ten (10) days before the change of address.
The offender shall comply with any registration requirement in the new
jurisdiction.

(iii)  The person
must register in any jurisdiction where the person is employed, carries on a
vocation, is stationed in the military or is a student.

(iv)  Address
verifications shall be made by personally appearing at a facility designated by
the Department of Public Safety, or in a manner of the Department of Public
Safety's choosing, including by electronic means, within the required time
period.

(v)  Notification
or verification of a change in status of a registrant's enrollment, employment
or vocation at any public or private educational institution, including any
secondary school, trade or professional institution, or institution of higher
education shall be reported to the department by personally appearing at a
facility designated by the Department of Public Safety, or in a manner of the
Department of Public Safety's choosing, including by electronic means, within
three (3) business days of the change.

(vi)  If the person
has been convicted of a sex offense, the person shall notify any organization
for which the person volunteers in which volunteers have direct, private or
unsupervised contact with minors that the person has been convicted of a sex
offense as provided in Section 45-33-32(1).

(vii)  Upon any
change of * * * name or employment, a registrant is required to
personally appear at a facility designated by the Department of Public Safety,
or in a manner of the Department of Public Safety's choosing, including by
electronic means, within three (3) business days of the change.

(viii)  Upon any
change of vehicle information, a registrant is required to report the change on
an appropriate form supplied by the department within three (3) business days
of the change.

(ix)  Upon any
change of e-mail address or addresses, instant message address or addresses or
any other designation used in Internet communications, postings or telephone
communications, a registrant is required to report the change on an appropriate
form supplied by the department within three (3) business days of the change.

(x)  Upon any
change of information deemed to be necessary to the state's policy to assist
local law enforcement agencies' efforts to protect their communities, a
registrant is required to report the change on an appropriate form supplied by
the department within three (3) business days of the change.

(b)  Require the person
to read and sign a form stating that the duty of the person to register under
this chapter has been explained.

(c)  Obtain or facilitate
the obtaining of a biological sample from every registrant as required by this
chapter if such biological sample has not already been provided to the
Mississippi Forensics Laboratory.

(d)  Provide a copy of
the order of conviction or sentencing order to the department at the time of
registration.

SECTION 7.  This act
shall take effect and be in force from and after July 1, 2026.
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