MISSISSIPPI LEGISLATURE

2002 Regular Session

To: Judiciary B

By: Representative Grist

House Bill 1321

AN ACT TO AMEND SECTION 19-25-19, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT NO FULL-TIME DEPUTY SHERIFF IS PERMITTED TO WORK IN ANY OTHER GOVERNMENT LAW ENFORCEMENT JOB; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 19-25-19, Mississippi Code of 1972, is amended as follows:

     19-25-19.  Every sheriff shall have power to appoint one or more deputies to assist him in carrying out the duties of his office, every such appointment to be in writing, to remove them at pleasure, and to fix their compensation, subject to the budget for the sheriff's office approved by the county board of supervisors. Such deputies shall have authority to do all the acts and duties enjoined upon their principals.  Every deputy sheriff, except such as may be appointed to do a particular act only, before he enters on the duties of office, shall take and subscribe an oath faithfully to execute the office of deputy sheriff, according to the best of his skill and judgment.  The appointment, with the certificate of the oath, shall be filed and preserved in the office of the clerk of the board of supervisors.  All sheriffs shall be liable for the acts of their deputies, and for money collected by them.  The circuit court, after a notice and a hearing, shall have power to remove such deputies and also bailiffs, upon a showing that the public interest will be served thereby.  Each deputy sheriff shall be at least twenty-one (21) years of age, a qualified elector of the State of Mississippi, and shall not have been convicted of a felony.  Prior to appointing any person a deputy sheriff, the sheriff shall determine that the proposed appointee is of good moral character and is capable of fairly and impartially enforcing the law of the State of Mississippi.  No full-time deputy sheriff is permitted to work in any other government law enforcement job.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2002.