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Bills to bring Mississippi rape laws into 21st Century move to Senate

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Bills to bring Mississippi rape laws into 21st Century move to Senate

Two measures aimed at helping rape survivors get justice have unanimously passed the House and are before the Senate, where they were killed without a vote last year.

But Lt. Gov. Delbert Hosemann, who oversees the Senate, on Wednesday voiced for the measures, which could help their chances greatly.

“The lieutenant governor supports the bills and is encouraging the chairmen to bring them out of committee,” said spokeswoman Leah Rupp Smith.

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House Bill 485, authored by Rep. Angela Cockerham, I-Magnolia, would standardize the handling, timely testing and tracking of sexual assault evidence or “rape kits” in Mississippi. Unlike 36 other states, Mississippi has no statewide rules and advocates say there is a large — albeit unknown due to lack of tracking — backlog of unprocessed rape kits. It would also give survivors the right to know the status of their kits.

House Bill 995, authored by Rep. Dana McLean, R-Columbus, would archaic, misogynistic language from the 1800s from Mississippi's rape and sexual battery laws and remove a spousal defense for those who commit marital rape. The bill would clarify the definition and elements of rape and sexual assault, replacing passages such as “assault with the intent to forcibly ravish a female of previously chaste character.”

Sandy Middleton, director of the Center for Violence Prevention, said, “Mississippi has a backlog of rape cases, but it's not at the lab. The kits are sitting in hospital emergency room refrigerators or the trunk of cruisers.”

Middleton and other advocates said statistics are scant, but one review showed that from 2019 through 2021, only 20 rapes were prosecuted in Mississippi. While there are problems finding statistics on reported rapes, one national said Mississippi had 1,148 reported cases in 2020.

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A 2019 Associated Press report said that at the time there was a backlog of 600 rape kits that had not been DNA tested.

Middleton said a Jackson area hospital recently reported that it had 50 rape kits in a refrigerator awaiting enforcement to pick them up, and some had been there for a year and a half. Of those, 15 were from cases where children were raped.

Besides lack of testing of evidence, Mississippi's antiquated rape laws hinder prosecution.

McLean said she believes many prosecutors use the state's sexual battery laws instead of the rape statute with harsher penalties because the latter's language is so antiquated.

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READ MORE: Lawmaker continues bid to remove archaic, misogynistic language from state rape, sexual battery laws

McLean's bill would delete language in the law that says a person would not be guilty of rape or sexual battery if the alleged victim was the defendant's legal spouse at the time of the offense and the couple is not separated and living apart. It would also change law that said a legal spouse may be found guilty of sexual battery if the spouse engaged in forcible penetration without the consent of the alleged victim. McLean said because current law uses language such as “forcible” and “consent,” this could be used as a defense if a spouse was incapacitated, such as passed out drunk or on .

Although since the early 1990s every state recognizes marital rape as a crime, some including Mississippi still have laws on the books that either provide protection for the perpetrator or lesser penalties.

Both bills recently passed the House unanimously. But they both passed the House overwhelmingly last year as well, only to die in Senate committee.

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Advocates supporting the bills, flanked by several House and Senate lawmakers, held a press conference on the measures on Wednesday. They said Senate Judiciary A Chairman Brice Wiggins, who's been assigned the rape kit bill, has worked with them and appeared supportive. Wiggins did not respond to a request for comment on Wednesday.

House Bill 995 to remove archaic and misogynistic language and a spousal rape defense from the law has been assigned again to Senate Judiciary B Chairman Joey Fillingane's committee. Last year, after he let the bill die without a vote in his committee, Fillingane said he agreed with the bill's intent, but said there were numerous bills in both chambers aimed at changing rape and assault laws. He said he wanted to have hearings out of and make sweeping changes instead of having multiple different bills.

Fillingane on Wednesday was noncommittal on whether he would take the bill up for a vote in committee this year, only that, “We are certainly looking at it and studying it.” He said he has not had hearings or drafted sweeping changes to rape and assault laws, but is doing such work with other older state code. He said the rape code McLean's bill aims to “is very outdated and the whole section is in need of a revision.”

Advocates on Wednesday said rape survivors want justice and deserve to know the status of testing in their case.

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This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

Mississippi Today

On this day in 1951

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April 28, 1951

Ruby Hurley Credit: Wikipedia

Ruby Hurley opened the first permanent office of the NAACP in the South.

Her introduction to activism began when she helped organize Marian Anderson's 1939 concert at the Lincoln Memorial. Four years later, she became national youth secretary for the NAACP. In 1951, she opened the organization's office in Birmingham to grow memberships in Alabama, Florida, Georgia, Mississippi and Tennessee.

When she arrived in Mississippi, there were only 800 NAACP members. After the governor made remarks she disagreed with, she wrote a letter to the editor that was published in a Mississippi newspaper. After that step in courage, membership grew to 4,000.

“They were surprised and glad to find someone to the governor,” she told the Chicago Defender. “No Negro had ever challenged the governor before.”

She helped Medgar Evers investigate the 1955 murder of Emmett Till and other violence against Black Americans. Despite threats, she pushed on.

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“When you're in the middle of these situations, there's no room for fear,” she said. “If you have fear in your heart or mind, you can't do a good job.”

After an all-white jury acquitted Till's killers, she appeared on the front of Jet magazine with the headline, “Most Militant Negro Woman in the South.”

Months later, she helped Autherine Lucy become the first Black student at the of Alabama.

For her work, she received many threats, a bombing attempt on her home. She opened an NAACP office in Atlanta, where she served as a mentor for civil rights leader Vernon Jordan, with whom she worked extensively and who went on to serve as an adviser to President Bill Clinton.

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After learning of Evers' assassination in 1963, she became overwhelmed with sorrow. “I cried for three hours,” she said. “I shall always remember that pool of blood in which he lay and that spattered blood over the car where he tried to drag himself into the house.”

She died two years after retiring from the NAACP in 1978, and the U.S. Post Office recognized her work in the Civil Rights Pioneers stamp . In 2022, she was portrayed in the ABC miniseries, “Women of the Movement.”

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

Rare open negotiations occur on important Medicaid expansion issue

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mississippitoday.org – Bobby Harrison – 2024-04-28 06:00:00

The curtain was pulled back last week for the first time in years on the Mississippi 's often mysterious conferencing process.

A conference committee consists of three representatives and three senators appointed to try to reach agreement when the two chambers pass differing versions of the same bill. Last week, a conference committee formed to try to reach agreement on expansion caused a stir by meeting in a public setting.

Even though the joint rules of the Mississippi Legislature call for an open conferencing process, the conferees seldom meet in public. They usually meet and negotiate their differences near the end of the session behind closed doors.

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That was not always the case.

For a period in the late 1990s and early 2000s, the Legislature, under intense pressure from the Mississippi Press Association, made open conference committees the norm.

Some major issues have been played out in public conference committees. Notable open conferences include:

  • The infamous, excruciatingly long special session in 2002 where businesses received more protection from lawsuits.
  • Budget fights when Haley Barbour was governor when legislators often would reach an impasse in the negotiations process and spend the bulk of their time talking about their cars and eating candy.
  • The major rewrite of the state's economic package under then-Gov. Ronnie Musgrove called Advantage Mississippi.
  • The Mississippi Adequate Education Program, which for decades has provided the state's share for the basic operation of local school districts. It was hammered out in an open conference process in 1997 even before the joint rules mandated the open process.

Then-state Sen. Musgrove and former House Speaker Billy McCoy deserve credit or blame, according to one's perspective, for proving the open conference process could work. When they chaired their respective chamber's education committees, they insisted on an open conference process.

But in more recent years, open conference committees have been few and far between. The joint rule has been largely ignored.

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The fact that the three House and three Senate conferees agreed to meet at least once in public on Medicaid expansion — one of the most pivotal issues facing the Legislature in recent years — drew considerable attention.

If nothing else, the open conference committee provided a raw and unedited view of how far apart the two chambers were at the time on an issue that would additional care coverage to primarily the working poor.

The House wanted to provide coverage to those earning up to 138% of the federal poverty level, or about $20,000 annually for an individual, while the Senate had proposed providing coverage to those earning less than 100% of the federal poverty level, or about $15,000 per year.

According to various experts, the House plan would provide coverage to many more working and cost less to the state than would the Senate plan. The reason for the lower cost to the state is that when expanding to 138%, the federal will pay 90% of the costs and provide the state an additional roughly $700 million over two years as an enticement to expand.

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Under the Senate plan, the federal government will pay 77% of the cost and offer no incentives. It is important to understand that in the expensive world of , the difference in 77% of the cost and 90% means tens of millions to Mississippi state coffers.

The House conferees repeatedly pointed out those numbers — their plan covering more at less cost — during last week's open conference committee.

One of the reasons legislators through the years have not been enamored with an open conference process is that it has often turned into efforts by the negotiators to sell their position to the public.

Once the open conference process starts, the side that feels the most comfortable with its position wants to meet more often in full view of the public to make sure the public understands where each side stands.

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For whatever it is worth, the House conferees were more enthusiastic about continuing the open process after the initial Medicaid expansion conference committee.

And after that initial open conference, the Senate offered a compromise to those earning up to 138% of the federal poverty level — just as the House proposed.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

Legislation to strip key power of PERS Board passes both chambers

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mississippitoday.org – Bobby Harrison – 2024-04-27 15:39:23

Legislation that strips significant power from the board that governs the 's public employee pension program has passed both chambers of the .

Under the legislation set to go to Gov. Tate Reeves during the final days of the 2024 , the Public Employees Retirement System Board would no longer have the authority to increase the contribution rate levied on governments (both on the state and local level) to pay for the massive retirement system.

The legislation, which passed both chambers in recent days, was a reaction to the decision by the board to increase by 5% over a three-year period the amount local governments contribute to each employee's paycheck for their retirement. Under the PERS Board plan, the employer contribution rate would have been increased to 22.4% over three years, starting with a 2% increase on July 1.

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The board said the increase was needed to ensure the long-term financial stability of the system that pays retirement benefits for most public employees on the state and local levels, including staff of local school districts and universities and community colleges.

and county government in particular argued that the 5% increase would force them to cut government services and lay off employees.

Under the bill passed by the Legislature there still would be a 2.5% increase over five years — a .5% increase in the employer contribution rate each year for five years.

In addition, legislative said they plan to put another $100 million or more in state tax dollars into the retirement system in the coming days during the appropriations process.

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Under current , the PERS Board can act unilaterally to increase the amount of money governmental entities must contribute to the system. But under the new bill that passed both chambers, the board can only make a recommendation to the Legislature on increasing the employer contribution rate.

The PERS Board also would be required to include an analysis by its actuary and independent actuaries on the reason the increase was needed and the impact the increase would have on governmental entities.

In the 52-member Senate, 14 Democrats voted against the bill. Only one House member voted against the proposal.

Sen. David Blount, D-Jackson, said the bill failed to address the financial issues facing the system. He said a permanent stream is needed.

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Blount said, “You are moving in the wrong direction and weakening the system” with the bill the Legislature approved. “Is it painful? Is it going to cost more money? Yes, but we need to do it” to fix the system.

The system has assets of about $32 , but debt of about $25 billion. But Sen. Daniel Sparks, R-Belmont, and others argued that the debt was “a snapshot” that could be reduced by strong performance from the stock market. The system depends on its investments and contributions from employers and employees as sources of revenue.

The system has about 360,000 members including current public employees and former employees and retirees.

The legislation states that no changes would be made for current members of the system. The legislation does reference looking at possibly changing the system for new employees. But that would be debated in future legislative sessions.

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The bill does not include an earlier House proposal to dissolve the PERS Board, which consists primarily of people elected by the members of the system, and replace them with political appointees.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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