March 04, 2015
Tuesday, March 3rd was the deadline for bills to pass out of committee from the opposite chamber. Senate bills had to pass out of House committees and House bills had to pass out of Senate committees.
Any bill that did not make it out of committee on either side died. Bills that passed now move on to the floor of the opposite chamber. Below are the bills that could affect civil liberties in Mississippi and their current statuses.
The next deadline for the bills to pass on the floor of the opposite chamber is March 11th.
HB177 - Prohibits the application of foreign law.
We oppose HB177. It is unnecessary for the Mississippi Legislature to define foreign law.
HB257 - To provide for DNA collection (for HIV AIDS testing) from persons arrested for violent crimes.
We oppose HB257 because collecting and storing DNA from arrestees turns a fundamental tenet of our justice system—innocent until proven guilty—on its head. This is a due process issue, as the taking and use of DNA by law enforcement constitutes a “search” and therefore requires a court order or warrant that is supported by probable cause. Automatic testing of arrestees provides law enforcement a way to circumvent this essential safeguard.
HB602 - Authorizes the creation of the Re-Entry Council, purpose of which is to help inmates successfully reintegrate into society.
We support HB602 because the bill promotes principles of restorative justice and rehabiliation. Mississippi must continue to evaluate it's prison system to ensure that former offenders have a fair chance at living a crime free life beyond bars. This will in turn reduce recidivism rates and decrease our prison population.
HB836 - Requires state agencies to enhance employment opportunities for people with disabilities.
We support this bill because there are too few opportunities for people with disabilities to be able to get real employment that pays real wages. Therefore, requiring that the state agencies responsible for administering services to people with disabilities also prioritize finding opportunities for their employment is both advantageous and for the good of all Mississippians.
HB404 - Authorizes the MS Dept. of Youth Services branch of the Dept. of Human Services to operate "Adolescent Opportunity Program" instead of Adolescent Offender Program. Program would include academic, tutoring, literacy, mentoring, vocational training, substance abuse treatment, family counseling and anger management. Programs may include, but shall not be limited to, after school and weekend programs, job readiness programs, home detention programs, community service conflict resolution programs, restitution and community service.
The state of Mississippi must find practical alternatives to sending children into the industrial prison complex. We support HB404 because the bill seeks to address the needs of troubled youth by getting to the root of the problem. By providing academic tutoring, vocational training, substance abuse treatment, family counseling and anger management instead of sending youth to juvenile offender programs, we give kids an opportunity at a life outside of the confines of jail and makes an investment in the future of the State of Mississippi.
SB2545 - To Create The Mississippi Public Defender Oversight And Accountability Commission, creates statewide standards
We support SB2545 because it promotes community policing, transparency, and accountability.
SB2332 - Training for school resource officers
We support SB2332. School Resource Officers must be provided with the tools necessary to ensure safety, while respecting the rights of students and the overall school climate. By requiring that SROs be trained about their roles prior to entering the schoolhouse, and equipping them with knowledge regarding adolescent development, this bill creates a safe school environment for all and reduces reliance on the criminal justice system.
SB2107 - Person First in Government Language
We support this bill because currently Mississippi's laws use outdated and offensive terminology in reference to people with disabilities. Everyone deserves respect. The language that we use on a daily basis demonstrates the respect, or lack thereof, that we have for one another. Therefore, we must change our language to reflect that people with disabilities are valued citizens in the state of Mississippi.
HB2780 - The Mississippi Medical Emergency Good Samaritan Act, is a bill to provide immunity from arrest or prosecution for certain drug violations by a person seeking treatment for a drug overdose.
We support this bill because it has the potential to save lives. It is a step back from the enforcement mentality toward drug use. Mississippi cannot incarcerate its way out of the drug abuse problem. It is past time to address substance abuse as a public health matter, not a law enforcement matter. This bill is a small step in that direction.
HB578 - Provides in state tuition for nonresident students entitled to federal Veterans’ Educational Assistance
HB2127 - To clarify the provisions of law that authorize in-state tuition for nonresident students who are United States Veterans; to authorize in state tuition for persons who are eligible for Veterans’ Educational Assistance under Title 38 of the United States Code.
HB957 - To create the Commission on the Future of Medicaid and Health Care in Mississippi.
We support HB957 as amended by the Senate Public Health and Welfare Committee. The intention of this legislation is supportive of needed systemic reforms but the composition as written does not include people affected by any proposed reforms.
HB490 - Prohibits State of MS and political subdivisions from adopting "Agenda 21" or any other international law that contravenes the Constitution of MS or the US.
HB1338 - To Clarify That A Cause Of Action For Wrongful Death Includes An Unborn Child
HB1305 -To Protect The Identities Of All Individuals And Entities Who Comprise The Execution Including, But Not Limited To, Any Supplier Of Lethal Injection Drugs
HB1069 -Prohibits A Person From Participating In A Primary Unless He Intends To Support The Nominations Made
HB932 -To Require Registrars To Mail A Voter Registration Card To The Mailing Address Provided On An Applicant's Voter Registration Form
HB1051 -To Revise The Definition Of "technical Violation" For Probationary Purposes; To Provide That A Technical Violation Shall Not Include The Commission Of A New Crime Or The Absconding From Supervision By A Probationer
SB2295 - Requires the State Superintendent of Education to report on the number of students arrested as a result of any unlawful activity which occurred on educational property or during a school-related activity.
February 26, 2015
FOR IMMEDIATE RELEASE
February 26, 2015
Morgan Miller, ACLU of Mississippi, 601-354-3408; email@example.com
JACKSON, Miss – Today, the Mississippi Supreme Court ruled that supplemental briefs of the parties in the same-sex divorce case of Lauren Beth Czekala-Chatham v. The State of Mississippi are necessary. Justice Leslie King in his separate statements stated, “I see no reason for useless supplemental briefing or for delaying a decision to allow this couple their long-awaited divorce.” He further stated that “tradition may not trample rights.”
In September 2014, the American Civil Liberties Union (ACLU) of Mississippi filed a “friend of the court” brief with the Mississippi Supreme Court in Chatham, asserting that denying a couple the right to a divorce infringes upon their constitutional right to due process and equal protection. The following is a statement from the ACLU of Mississippi Legal Director, Charles Irvin:
“We applaud the written objections of Justice Leslie King, to the Mississippi State Supreme Court’s En Banc Order. It is our sincere hope that the Mississippi State Supreme Court will eventually render a decision which recognizes the right of all Mississippians to be treated equally.”
View the En Banc Order.
View the release about our brief from September.
February 19, 2015
Senate Bill 2780, the Mississippi Medical Emergency Good Samaritan Act, is a bill to provide immunity from arrest or prosecution for certain drug violations by a person seeking treatment for a drug overdose. We support SB2780 because we want to encourage people to seek medical care on behalf of themselves and others, in any emergency situation. SB2780 passed the Senate and now moves to the House.
Unintentional drug overdose is now considered to be a leading cause of preventable death in the United States. Overdose bystanders may not call for medical assistance for fear of being arrested for drug-related crimes. Good Samaritan Policies are life-saving measures that enable people to make responsible decisions by shielding them from punishment when they call for medical help during an emergency relating to alcohol or other drugs.
Since the threat of punitive policies can often cause hesitation during confusing and stressful party situations, the existence of a Good Samaritan Policy is essential to ensuring that people are able to stay alive and receive help when they are in trouble. Furthermore, this bill, if passed, would be a step back from the state’s enforcement mentality toward drug use.
If our objective is to ensure that fewer people are harmed by drug use, we should emphasize and fund access to treatment and care, not focus on criminalizing those who need the help. Drug policy in this country is tragically and ineffectively tied to criminal justice tools and frameworks. Policymakers need to make the switch from approaching drug use as a criminal justice issue to an issue that would be much better solved with health care. It is unfair, unjust, unworkable and downright dangerous to try to police a health problem.
Saving a life is far more important than making an arrest.
Mississippi cannot incarcerate its way out of the drug abuse problem. It is past time to address substance abuse as a public health matter, not a law enforcement matter. This bill is also a small step in that direction.
February 18, 2015
House Bill 932 will require registrars to mail a voter registration card to the mailing address provided on an applicant’s voter registration form. This law places another unnecessary obstacle between citizens and their right to vote. This legislation passed the House and has been referred to the County Affairs and Elections Committees.
We believe HB932 is nothing more than a backwards attempt to discourage voter registration and turn out. States across the country are passing measures that make it harder and harder for Americans – particularly African-Americans, low-income families, the elderly, students and people with disabilities – to exercise their fundamental right to cast a ballot.
If this law passes, it could be one such measure. Because, as written, even though individuals would be allowed to change their address over the phone, their voter registration cards could be mailed to the address on their original application. As a result, countless voters may never receive their voter registration cards, even though they have taken measures to ensure that they will not be denied the right to vote come Election Day. Voting is a right that is not to be unduly burdened, this bill might accomplish just that.
Impeding access to the polls reduces the number of Americans who can vote and weakens our democracy. Voter Suppression laws are anti-democratic and we should encourage more people to vote, not fewer. Elected officials should be seeking ways to encourage more Americans to vote, not inventing baseless reasons to deny voters the ability to cast their ballots. Even though people believe that virtually everyone owns a photo ID, the reality is that millions of Americans—through no fault of their own—lack the narrow category of permissible IDs under these laws. These disenfranchised voters include people who happened to move at the wrong time, or were born at home, or even veterans who served this country.
Any voter suppression law is a threat to our democracy.HB 932 will have a disproportionate and unfair impact on low-income individuals, racial and ethnic minority voters, senior citizens and voters with disabilities.
February 12, 2015
Two pieces of legislation, Senate Bill 2543 and House Bill 1305, amend a statute in Mississippi to prevent disclosure of the suppliers of drugs used in executions. These execution secrecy bills cannot be allowed to move forward. SB 2543 passed the Senate committee and now moves the Senate floor. HB 1305 has already passed the House floor and moves to the Senate committee.
In light of the botched executions conducted around the country, it is more important than ever that there be accountability and transparency when it comes to the drugs and suppliers used in executions. SB2543 and HB1305 will put up a wall of secrecy around the source of drugs to be used in executions. The secrecy makes it impossible for the courts and the public to know whether executions will be carried out humanely and in compliance with state and federal laws and the U.S. Constitution.
For the past few years, states have been grappling with the unavailability of some drugs that had previously been used in executions. In response, some states have turned to experimental drugs and drug combinations, which poses serious risks of executions not working as planned. Other states have used compounded drugs. Without information about the pharmacies that compound the drugs and the raw ingredients used, it is impossible to say whether a compounded product will be effective and work as intended.
Experimental drug combinations were used in the horrifically botched executions of Clayton Lockett, Joseph Wood, and Dennis McGuire, calling into question whether Departments of Corrections are selecting drugs and doses capable of producing a humane execution.
The death penalty is the most extreme punishment possible. If Mississippi continues to execute death row prisoners, the government must be transparent and accountable to the people of this state, in whose name it is carrying out this ultimate and irreversible punishment. Mississippi Governor Phil Bryant has stated “transparency in government is critical to its integrity.” There should be no exception given to pharmaceutical companies related to their role in execution.
If we are to have executions at all, they must not be conducted like hastily thrown together human science experiments. This legislation is unsafe, unnecessary and will cause Mississippi to incur more litigation expenses and delays in the courts.
January 28, 2015
Once again, the Mississippi Legislature has proposed a bill to require drug testing for public benefit recipients in the form of House Bill 383. The ACLU of Mississippi opposes HB 383 and any effort to mandate any type of drug testing of public benefit applicants and recipients as an intrusion upon an individual’s right to privacy and an unreasonable search by the government. In addition to constitutional issues, drug testing is a misguided policy, based on the false premise that poor people are more likely to be drug users than other members of our society. By targeting recipients of public benefits, these proposals disproportionately impact communities of color.
Last year, the Mississippi Legislature passed HB49 requiring the drug screening and subsequent testing of TANF applicants. Implementation of this bill required recipients complete the SASSI instrument to assess their “probable” drug abuse. Recently, SASSI released a paper to make clear where the Institute stands with regard to states' use of the instrument for their TANF drug testing programs. As you'll see, the SASSI folks are unequivocal in their opposition to the use of the SASSI for these purposes.
Drug testing an entire class of citizens simply because they are poor "would be dangerously at odds with the tenets of our democracy." It is for this reason we strongly oppose HB 383 and would call for the legislature to reconsider its stance.
HB 383 has been referred to the House Public Health and Human Services Committee.
January 28, 2015
By Keia Johnson, ACLU of Mississippi Legislative Strategist
As a new legislative session is now under way, we are working with legislators to advance our shared beliefs in democracy. Our agenda is simple. It is about constitutional principles, evidence-based solutions, and basic fairness; it’s one that all legislators should support.
Legislative priorities include:
“Person First” HB408 & SB2107
What do you call a person with a disability? A person.
Person First Language is an objective and respectful way to speak about people with disabilities by emphasizing the person first, rather than the disability. Currently, sections of the Mississippi Code make reference to persons with disabilities using arcane and offensive terminology. It is the belief of the ACLU of MS that the language used to describe a person or group is powerful as it reflects our society’s true feelings towards that person or group. Therefore, HB408 & SB107 seek to retroactively amend all sections of the MS Code to ensure that all current offensive terminology is removed and replaced with “Person First” respectful language.
“Tuition Equity” HB652 & SB2498
Charging young aspiring Americans out-of-state tuition, pushing a college education out of the reach of many, is cruel and a gross waste of valuable human capital.
Mississippi currently requires thousands of Mississippi students to pay out-of-state tuition – rates three to four times higher than in-state tuition rates – simply because of their immigration status. It should be noted that most of these students have already lived in Mississippi for most of their lives and therefore the state of Mississippi has already invested millions of tax dollars into their secondary school educations.
It is with this in mind, the ACLU of Mississippi has partnered with (MIRA) Mississippi’s Immigrant’s Rights Association to propose a Tuition Equity bill which will allow all young people who have attended and graduated from MS High schools, to pay in state tuition rates at our colleges and universities.
“School Resource Officer Training” HB478 & SB2332
Dismantling the School to Prison Pipeline in Mississippi, begins with decriminalizing our students and keeping them in our classrooms.
By criminalizing typical adolescent behaviors, we are taking students out of the classroom, funneling them into the juvenile justice system and school-to-prison pipeline. Even still, more and more Mississippi schools are utilizing some form of school-based policing services in order to combat disciplinary issues. The most commonly used form of school-based policeman are known as School Resource Officers (SROs). These men and women are placed in school districts and expected to discipline, counsel, and in some cases, instruct kids. However, they are typically law enforcement and are not trained to deal with students and typical adolescent behavior.
In an effort to combat this issue, The ACLU of MS has proposed HB478 & SB2332 which require mandatory training for school resource officers in areas such as child adolescent development, cultural competence and building relationships with students; deescalating violent situations; identifying the social, emotional, and mental needs of the students; directing youth to appropriate services rather than using force; and due process protections for students.
“Anti-Bullying” HB750 & SB2474
According to the Mississippi Department of Health Vital Statistics in 2013, 635 youth ages 10-24 have committed suicide since 2000 – an average of 49 deaths per year. The most often-cited cause of this is bullying.
Mississippi has a bullying and harassment problem within its public school system. The state’s current anti-bullying statute fails to require school’s to educate staff on how to recognize and react to the signs of bullying. More alarmingly, it fails to enumerate specific categories of bullying. It must be clear that Mississippi does not condone and will take action in response to conduct that interferes with all students’ opportunity to learn.
HB750 & SB2474 strengthen Mississippi’s existing anti-bullying law by clearly identifying common characteristics that all-too-often become the target of bullying in schools, including disability, appearance, sexual orientation, and gender identity and expression. The Mississippi Legislature has a duty to in provide a safe, orderly, and respectful school environment that is conducive to teaching and learning. This legislation would greatly champion their cause.
The ACLU recognizes the potential that police body cameras have to increase police transparency. With good policies in place, recording of police-civilian encounters will promote police accountability, deter officer and civilian misconduct, and provide objective evidence to help resolve civilian complaints against police without significantly infringing on privacy. However, without such protections body cameras can do more harm than good. Laws must have in place proper police usage guidelines and privacy limitations.
In an effort to ensure that police body cameras are utilized properly in the state of Mississippi we are working in active support of HB1279. This bill requires patrol policemen to wear an actively recording body camera while they are on duty. It allows police to stop recording in very limited defined circumstances and mandates procedures and time limitations for the storing of all recorded encounters. With the implementation of a bill such as this we can be sure that body cameras will be used for the benefit of officers and citizens alike.
The ACLU of Mississippi will also continue to monitor the progress of proposed bills in the Legislature. We will continue to actively support the efforts of other groups, allies, and legislators who aim to work in the best interest of all citizens of this great state.
January 28, 2015
A bill called the "Drone Prohibition Act" (HB 347) was introduced to prohibit the use of drones with certain exceptions and has been referred to the House Judiciary B Committee. We oppose the bill as written because it fails to place any restrictions on law enforcement use, retention, and disclosure of captured images from drones.
We support legislation that regulates the use of drones by government agencies, but that legislation must require a search warrant for drone use by law or regulatory enforcement agencies and establish clear data retention limitations, and disclosure requirements so that the public is aware of the uses being made of drones.
The American Bar Association agrees that protections are needed to safeguard against 4th Amendment warrantless searches and privacy violations.
January 23, 2015
UPDATE: Rep. Bob Evans has agreed to pull this bill in a statement online.
A bill (HB 714) has been introduced “to create a rebuttable presumption that it is not in best interest of child to be placed in custody of homosexual parent or person.”
This bill is blatantly unconstitutional and will cost taxpayers unnecessary dollars in litigation.
HB 714 could allow someone to win custody of their children by claiming their former spouse is gay. This bill will lead to contentious custody disputes wherein parents are forced to make egregious allegations that their spouse or ex-spouse is gay to gain the upper hand. This will require courts to be part of “witch hunt” trials to determine the sexuality of a parent.
This bill has implications for same-sex couples who have a custody dispute. It could affect same-sex couples who may already have a custody dispute by making a presumption that neither parent is in the child’s best interest. This bill could lead to the possibility that children are taken away from both parents and placed in the custody of someone else.
For information on child welfare and statements from organizations that have done studies on same-sex parenting click here.
Here’s another resource with quotes from other child welfare and health organizations.
Contact the members of House Judiciary A Committee and tell them to kill this bill!
Rep. Mark Baker (R) – 601-824-3297, firstname.lastname@example.org
Rep. Thomas Reynolds (D) – 662-473-2571, email@example.com
Rep. Earle Banks (D) – 601-713-2223 office, firstname.lastname@example.org
Rep. David Baria (D) – 228-466-0815, email@example.com
Rep. Jim Beckett (R) – 662-983-2451, firstname.lastname@example.org
Rep. Richard Bennett (R) – 228-861-6348, email@example.com
Rep. Edward Blackmon Jr. (D) – 601-859-4202, firstname.lastname@example.org
Rep. C. Scott bounds (R) – 601-656-1765, email@example.com
Rep. Lester (Bubba) Carpenter (R) – 662-424-2306, firstname.lastname@example.org
Rep. Bryant Clark (D) - 662-834-1473 office, email@example.com
Rep. Angela Cockerham (D) - 601-783-4979 office, firstname.lastname@example.org
Rep. Linda Coleman (D) - 662-741-3272 office, email@example.com
Rep. Carolyn Crawford (R) - 228-861-7303, firstname.lastname@example.org
Rep. Bill Denny (R) - 601-956-6807 office, email@example.com
Rep. Bob Evans (D) - 601-587-9313 office, firstname.lastname@example.org
Rep. Greg Haney (R) - email@example.com
Rep. Wanda Taylor Jennings (R) - 662-349-3673, firstname.lastname@example.org
Rep. Robert L. Johnson III (D) - email@example.com
Rep. John T. (Trey) Lamar III (R) - 662-502-0434, firstname.lastname@example.org
Rep. Hank Lott (R) - 601-606-0800, email@example.com
Rep. Robert W. (Bobby) Moak (D) - firstname.lastname@example.org
Rep. Willie J. Perkins Sr. (D) - 662-453-4108, email@example.com
Rep. Brent Powell (R) - firstname.lastname@example.org
Rep. Jeffrey C. (Jeff) Smith (R) - 662-327-0407, email@example.com
Rep. Percy W. Watson (D) - firstname.lastname@example.org
January 21, 2015
Every day in Mississippi, marginalized communities including communities of color, immigrant communities, people with disabilities, women, and the LGBT community face barriers to true opportunity. Our 2015 Equity Agenda highlights the unfinished business of achieving “justice for all” in Mississippi.
Mississippi is a state growing in diversity but failing to thrive in racial, cultural and economic equity. Making Mississippi better will not happen overnight. Tell lawmakers to support the ACLU of Mississippi 2015 Equity Agenda.
The 2015 Equity Agenda sets out priorities and acts as a guide to issues that remain unaddressed in Mississippi. We expect our leaders to speak up for the disenfranchised and oppose policies that are detrimental to the welfare of our state.