Bill Text: MS SB2480 | 2014 | Regular Session | Engrossed

---

Bill Title: Adoption records, confidentiality of; provide for contempt and misdemeanor proceedings.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-03-04 - Died In Committee [SB2480 Detail]

Download: Mississippi-2014-SB2480-Engrossed.html

---

MISSISSIPPI LEGISLATURE

2014 Regular Session

To: Judiciary, Division A

By: Senator(s) Bryan

Senate Bill 2480

(As Passed the Senate)

AN ACT TO AMEND SECTION 93-17-25, MISSISSIPPI CODE OF 1972, TO CLARIFY THE CONFIDENTIALITY OF ADOPTION RECORDS AND TO PROVIDE FOR CRIMINAL PROSECUTION AND A FINDING OF CIVIL CONTEMPT AGAINST A PERSON WHO DISCLOSES ADOPTION RECORDS OR OTHER CONFIDENTIAL ADOPTION INFORMATION WITHOUT LEAVE OF COURT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 93-17-25, Mississippi Code of 1972, is amended as follows:

     93-17-25.  All proceedings under this chapter shall be confidential and shall be held in closed court without admittance of any person other than the interested parties, except upon order of the court.  All pleadings, reports, files, testimony, exhibits and records pertaining to * * *adopting adoption proceedings shall be confidential and shall not be public records and shall be withheld from inspection or examination by any person, and shall not be disclosed by any person except upon order of the court in which the proceeding was had on good cause shown. 

     Upon motion of any interested person, the files of adoption proceedings * * *, heretofore had may be placed in the confidential files upon order of the court or chancellor and shall be subject to the provisions of this chapter. 

      * * *Provided, however, that Notwithstanding the confidential nature of * * *said adoption proceedings, * * * said the record shall be available for use in any court or administrative proceedings under a subpoena duces tecum addressed to the custodian of * * *said the records and portions of * * *such the record may be released pursuant to Sections 93-17-201 through 93-17-223.

     Any person who, without the proper authorization under this section, discloses information received during a closed hearing or who discloses any records involving children, or the contents thereof, shall be guilty of a misdemeanor and, upon conviction, punished by a fine not to exceed One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for not more than one (1) year, or both.

     Nothing in this section shall prevent the court from finding in civil contempt any person who shall disclose any records involving children or the contents thereof without the proper authorization under this section.  Any person who willfully violates, neglects or refuses to obey, perform or comply with the provisions of this section shall be in contempt of court and may be punished by a fine not to exceed Five Hundred Dollars ($500.00), or by imprisonment in jail not to exceed ninety (90) days, or both.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2014.

---