AN ACT TO PROHIBIT A PERSON FROM CAMPING UPON ANY STREET, SIDEWALK, PUBLIC RIGHT-OF-WAY, ANY OTHER PUBLIC PROPERTY OR WITHIN 1,000 FEET OF A DEFINED CRITICAL INFRASTRUCTURE AREA THAT IS NOT DESIGNATED FOR THE PURPOSE OF CAMPING; TO PROVIDE THAT A VIOLATION OF THIS PROHIBITION SHALL BE CHARGED AS A MISDEMEANOR; TO REQUIRE NOTICE AT LEAST 48 HOURS BEFORE COMMENCEMENT OF ANY ENFORCEMENT ACTION; TO PROVIDE THAT VIOLATION OF THIS PROHIBITION IS A PUBLIC NUISANCE THAT CAN BE ABATED AND PREVENTED; TO AUTHORIZE THE REMOVAL OF ENCAMPMENTS ON PRIVATE PROPERTY IN A HUMANE MANNER AFTER AT LEAST 48 HOURS BEFORE THE RENEWAL NOTICE; TO PROHIBIT SOLICITING FOR A CONTRIBUTION OR DONATION WITHOUT A PERMIT FROM THE LOCAL GOVERNING AUTHORITY; TO CREATE THE CRIME OF AGGRESSIVE PANHANDLING WHERE A PERSON SOLICITS A DONATION OF MONEY OR GOODS IN CERTAIN CIRCUMSTANCES; TO CREATE THE CRIME OF LOITERING WHERE A PERSON LINGERS, REMAINS, OR PROWLS IN CERTAIN PLACES; TO ENUMERATE CERTAIN CIRCUMSTANCES THAT MAY BE CONSIDERED TO DETERMINE IF THAT PERSON IS LOITERING; TO REQUIRE A LAW ENFORCEMENT OFFICER TO AFFORD THE ACTOR AN OPPORTUNITY TO DISPEL ANY ALARM THAT WOULD OTHERWISE BE WARRANTED BY REQUESTING THE ACTOR TO IDENTIFY HIMSELF OR HERSELF AND EXPLAIN HIS OR HER PRESENCE AND CONDUCT; TO PROVIDE CERTAIN DEFENSES TO PROSECUTION; TO PROVIDE CRIMINAL PENALTIES FOR THE CRIME OF LOITERING; TO PROVIDE CRIMINAL PENALTIES FOR THE CRIME OF AGGRESSIVE PANHANDLING; TO PROVIDE THAT CONVICTIONS UNDER THIS ACT SHALL NOT APPEAR ON A PERSON'S PUBLIC RECORD; TO PROVIDE THAT ANY PERSON ARRESTED UNDER THIS ACT AND TRANSPORTED TO A COUNTY OR MUNICIPAL JAIL WHO APPEARS TO BE IN NEED OF MENTAL HEALTH AND/OR SUBSTANCE ABUSE ISSUES SHALL BE EVALUATED FOR THE NEED FOR SUCH SERVICES; TO PROVIDE THAT IF THE EVALUATION REVEALS THAT THE PERSON IS IN NEED OF SUCH SERVICES, THE PERSON SHALL BE PROVIDED SUCH SERVICES BY AN APPROPRIATE ENTITY, AUTHORITY, COMMISSION OR AGENCY; TO AMEND SECTIONS 21-19-11 AND 19-5-105, MISSISSIPPI CODE OF 1972, TO INCLUDE THE REMOVAL OF ENCAMPMENTS ON PRIVATE PROPERTY WITHIN THE PROVISIONS OF LAW AUTHORIZING A MUNICIPALITY OR COUNTY TO CLEAN PRIVATE PROPERTY; TO PROVIDE THAT THE COST OF REMOVING SUCH ENCAMPMENTS ON PRIVATE PROPERTY SHALL BE A LIEN ON THE PRIVATE PROPERTY; TO INCREASE CERTAIN PENALTIES; TO PROVIDE THAT THE PROVISIONS OF THIS ACT ARE SEVERABLE; AND FOR RELATED PURPOSES.

Statutes affected:
As Introduced: 19-5-105, 21-19-11
Committee Substitute: 21-19-11, 19-5-105
As Passed by the Senate: 21-19-11, 19-5-105