Mississippi House Bill HB406

Mississippi 2023 Regular Session

• Introduced: 1/12/23
• Refer: 1/12/23
• Failed: 1/31/23

Caption

Public records; exempt the booking information of certain mentally ill patients from.

Impact

The implications of HB 406 extend into the realm of privacy laws related to mental health. By exempting booking information concerning individuals detained solely due to mental health issues from public disclosure, the bill addresses the longstanding concerns about the stigmatization and public exposure of such individuals. This change in law redefines how mental health status is perceived within the context of law enforcement, promoting a more compassionate approach to individuals in crisis.

Summary

House Bill 406 is a legislative act introduced in the Mississippi Legislature during the 2023 Regular Session. It amends Section 25-61-12 of the Mississippi Code of 1972 to provide an exemption for booking information from the Public Records Act. Specifically, this exemption applies to individuals who are in custody solely based on their mental health status rather than being charged with a criminal act. This amendment recognizes the sensitive nature of mental health issues and aims to protect the privacy of these individuals by not subjecting their booking information to public scrutiny.

Contention

While the overarching intent of HB 406 is seemingly altruistic, concerns may arise regarding the potential for misuse of the exemption. Critics might argue that the exemption could lead to a lack of accountability or transparency in law enforcement practices surrounding mental health. Detractors may express a need for oversight mechanisms to ensure that the exemption is not exploited, potentially raising discussions about the intersections of mental health, criminal justice, and public record laws.