HB 861 Mississippi House · 2025 Regular Session

Sexual offense; provide immunity for reporting.

HB 861 provides legal immunity for individuals who report sexual offenses or seek medical assistance for drug overdoses, protecting them from prosecution for related drug violations. Specifically, it shields people acting in good faith - such as those reporting sexual abuse or requesting help for an overdose - from arrest, charges, or prosecution for drug possession or use under certain conditions. The law also prevents revocation of probation, parole, or pretrial release for incidents covered by this immunity. It applies to anyone seeking medical help for themselves or others experiencing a drug overdose or reporting a sexual offense, as defined in the bill (including violations of Sections 97-3-65, 97-3-95, and others). The bill takes effect July 1, 2025, and was signed into law by the governor in April 2025.
Bill status signed all 5 stages cleared
Introduction
Feb 2025
Committee Review
Apr 2025
House Passage
Feb 2025
Senate Passage
Mar 2025
Signed into Law
Apr 2025
Introduced Feb 13, 2025 Signed Apr 17, 2025
Maddy AI version diff · 2 comparisons

What changed between versions

As Passed the lower Current version · 5 edits
MODERATE
HB 861 was amended to expand immunity protections for individuals who report sexual offenses or seek medical assistance for overdoses. The changes clarify that immunity applies to those who cooperate with law enforcement and medical personnel, and add protections against revocation of pretrial release or probation for incidents covered by immunity. The bill also clarifies that immunity does not apply to the alleged perpetrator of the reported sexual offense.
Scope change
The bill's scope was expanded to explicitly include immunity for persons reporting sexual offenses and seeking medical assistance for overdoses, while clarifying that immunity does not extend to the alleged perpetrator of the reported offense.
ELIGIBILITY

Added explicit immunity for individuals who report sexual offenses or seek medical assistance for overdoses, including protection from arrest, charges, or prosecution for drug violations related to those actions.

ENFORCEMENT

Added protection against revocation of pretrial release, probation, supervised release, or parole for incidents covered by immunity provisions.

Added clarification that immunity provisions do not apply to persons alleged to have committed the sexual offense being reported.

DEFINITION

Modified the bill title to include 'Aid to Sexual Offense Victim Reporting Act' to better reflect the expanded scope of protections.

REQUIREMENT

Added requirement that persons seeking immunity must remain at the scene with the individual needing assistance until emergency medical help arrives and cooperate with medical and law enforcement personnel.

Floor votes · Senate Mar 5, 2025 · House Feb 12, 2025

How they voted

510
Passed
Total votes 51
Mar 5, 2025
D Democratic16
16 Yea
100% Yea
R Republican35
35 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
19
Key actions
8
Committee
6
Amendments
1
Apr 17, 2025
Signed into law
Approved by Governor
executive
Apr 1, 2025
Upper · Passed
Conference Report Adopted
upper
Mar 31, 2025
Upper · Passed
Conference Report Filed
upper
Mar 5, 2025
Upper · Passed
Passed As Amended
upper
Mar 5, 2025
Upper · Passed
Amended
upper
Feb 27, 2025
Upper · Passed
Title Suff Do Pass As Amended
upper
Feb 14, 2025
Committee
Referred To Judiciary, Division B
upper
Feb 13, 2025
Introduced
Transmitted To Senate
lower
Feb 12, 2025
Lower · Passed
Passed
lower
Feb 4, 2025
Lower · Passed
Title Suff Do Pass
lower
Jan 16, 2025
Committee
Referred To Judiciary B
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Dana McLean
Dana McLean
RRepublican
MS
39