MISSISSIPPI LEGISLATURE

2011 Regular Session

To: Judiciary A

By: Representative Holland

House Bill 790

AN ACT TO AMEND SECTIONS 93-9-73 AND 93-9-75, MISSISSIPPI CODE OF 1972, TO REMOVE REFERENCES TO BASTARDY; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 93-9-73, Mississippi Code of 1972, is amended as follows:

     93-9-73.  In all * * * proceedings to determine the father of the child when the mother is dead, her declarations in her travail, proved to be her dying declarations, may, on the trial of the case, be received in evidence.

     SECTION 2.  Section 93-9-75, Mississippi Code of 1972, is amended as follows:

     93-9-75.  The death of the child, if the mother be living and unmarried, shall not be cause of abatement or bar to any prosecution for child support; but the court trying the same shall, on conviction, give judgment for such sum as shall be deemed just.

     SECTION 3.  The Legislature hereby directs the codifier of the Mississippi Code of 1972 to revise all editorial headings in the Mississippi Code of 1972 to remove all references therein to "bastard" or "bastardy" and replace them with suitable words such as "child" or "parentage" as is appropriate whenever a volume of the code containing the terms to be removed is republished.

     SECTION 4.  This act shall take effect and be in force from and after its passage.