Crime-Victim and Witness Court-Attendance Leave Request Packet - Mississippi

CRIME-VICTIM TESTIMONY OR PREPARATION ABSENCE PACKET

Mississippi — Miss. Code Ann. § 99-43-45

Use this packet only for a qualifying statutory victim who will respond to a subpoena to testify in a criminal proceeding or participate in reasonable preparation of a criminal proceeding.

1. EMPLOYEE AND EMPLOYER

2. STATUTORY-VICTIM GATE

The employee is:

• ☐ The person against whom the qualifying criminal offense was committed
• ☐ A lawful representative because the direct victim is deceased or incapacitated
• ☐ A representative acting for a minor victim under section 99-43-5

No person who is in custody for an offense or is the accused may serve as the lawful representative.

The underlying conduct gives law enforcement or the prosecutor probable cause to believe it is:

• ☐ A felony involving physical injury
• ☐ A felony involving the threat of physical injury
• ☐ A sexual offense
• ☐ An offense involving spousal abuse
• ☐ An offense involving domestic violence
• ☐ Burglary of a dwelling house
• ☐ Qualification uncertain; prosecutor or counsel review required

3. PROTECTED-ACTIVITY GATE

Select one route:

• ☐ The employee will respond to a subpoena to testify in a criminal proceeding.
• ☐ The employee will participate in reasonable preparation of a criminal proceeding.

A statutory criminal proceeding is a hearing, argument, or other matter scheduled by and held before a trial court. It does not include a lineup, grand-jury proceeding, or another matter not held in the court's presence. Reasonable preparation may occur outside the courtroom but should be coordinated with the prosecuting attorney.

Court or prosecuting attorney: [________________________________]

Case identifier, using the minimum necessary information: [________________________________]

Testimony or preparation date and time: [________________________________]

Expected work absence: [DATE / START / END]

4. EMPLOYEE NOTICE AND REQUEST

Section 99-43-45 does not state a fixed employee-to-employer notice deadline. Provide practical notice and only the minimum information necessary.

Notice date, time, method, and recipient: [________________________________]

I request an absence or schedule adjustment from [START] through [END] on [DATE] for the protected testimony or preparation identified above.

Requested pay or leave-bank treatment under policy, agreement, or another law:

• ☐ Accrued paid leave: [TYPE / HOURS]
• ☐ Unpaid time
• ☐ Schedule adjustment: [________________________________]
• ☐ Other: [________________________________]

Section 99-43-45 does not itself state a paid-leave rule.

Employee signature: __________________________ Date: ______________

5. MINIMUM DOCUMENT DELIVERY

• ☐ Subpoena to testify
• ☐ Prosecutor or victim-assistance scheduling confirmation
• ☐ Preparation request or appointment confirmation
• ☐ Scheduling or cancellation update
• ☐ Other minimally necessary confirmation: [________________________________]

Do not attach police reports, medical records, victim addresses, or offense narratives unless current law or counsel requires them.

Secure delivery date, method, and recipient: [________________________________]

6. PROSECUTOR OR VICTIM-ASSISTANCE COORDINATION

• ☐ Victims' rights invocation or notification form submitted, if applicable
• ☐ Prosecutor's office informed of the work-absence issue
• ☐ Prosecutor requested to assert the victim's section 99-43-45 right under section 99-43-47, if needed
• ☐ Schedule verification requested

Coordinator name, office, and contact: [________________________________]

7. EMPLOYER REVIEW

Section 99-43-45 states that the victim shall undertake the covered testimony or preparation without loss of employment, intimidation, threat, or fear of loss of employment. The section does not use a broader paid-leave or benefits-preservation formulation.

• ☐ Statutory-victim gate confirmed
• ☐ Subpoenaed criminal testimony confirmed
• ☐ Reasonable criminal-proceeding preparation confirmed
• ☐ Absence or schedule adjustment approved
• ☐ No loss of employment, intimidation, or threat based on the covered activity
• ☐ Pay / leave-bank treatment: [________________________________]
• ☐ Counsel review required

Employer representative: _____________________ Date: ______________

Decision delivered to employee: [DATE / METHOD]

8. CHANGE LOG

OFFICIAL SOURCE VERIFIED

• Mississippi Department of Corrections — current Mississippi Crime Victims' Bill of Rights, including §§ 99-43-3, -5, -45, and -47