Presumption of death; create for missing persons who have undergone a catastrophic event causing imminent peril.
Impact
The introduction of the 'Zeb Hughes Law' will significantly alter how missing persons cases are processed within the state, particularly in cases involving catastrophic circumstances, such as natural disasters or accidents. The law obligates the State Registrar of Vital Statistics to prepare death certificates for those presumed dead under the law after a court order has been issued. This streamlining is aimed at providing closure for families and enabling the handling of estate issues for the missing individuals more effectively.
Summary
Senate Bill 2542, known as the 'Zeb Hughes Law', aims to amend Section 13-1-23 of the Mississippi Code to introduce a new mechanism for legally declaring missing persons who have experienced catastrophic events as deceased. This is particularly relevant for cases where such individuals are presumed dead following circumstances that put them in imminent peril and where no satisfactory explanation for their absence exists, following diligent search efforts. The bill establishes a clear evidentiary presumption of death based on uncontradicted sworn testimony and evidence that supports the conclusion of death from the specified catastrophic events.
Contention
There are potential points of contention surrounding SB2542, particularly regarding the evidentiary standards required to declare someone legally dead. Critics may argue over the implications for families of missing persons who are still hopeful for their return and the emotional difficulty of declaring a loved one dead based on presumptive evidence. Additionally, the two-year waiting period for hearings to determine death may be seen as excessively long in urgent cases, leading to discussions about how best to balance legal processes with the realities faced by families in crisis.
The Missing Persons Reporting and Identification Act; create to require local law enforcement agencies to input missing person in the National Missing and Unidentified Persons System (NAMUS).