2006 Regular Session
To: Judiciary, Division B; Appropriations
By: Senator(s) Tollison
AN ACT TO PROVIDE FOR THE HIRING OF SPECIAL CONTRACT AGENTS BY THE BUREAU OF INVESTIGATION OF THE DEPARTMENT OF PUBLIC SAFETY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The Director of the Bureau of Investigation is authorized to retain on a contractual basis such persons as he shall deem necessary to detect and apprehend violators of the criminal statutes of this state.
(2) Those persons contracting with the Director of the Bureau of Investigation, pursuant to subsection (1), shall be known as, and are hereinafter referred to as, "special contract agents."
(3) The investigative services provided for in this section shall be designed to support local law enforcement efforts.
(4) Special contract investigators shall have all powers necessary and incidental to the fulfillment of their contractual obligations, including the power of arrest when authorized by the Director of the Bureau of Investigation.
(5) No person shall be a special contract investigator unless he is at least twenty-one (21) years of age.
(6) The Director of the Bureau of Investigation shall conduct a background investigation of all potential special contract investigators. If the background investigation discloses a criminal record, the applicant shall not be retained without the express approval of the Director of the Bureau of Investigation and the Commissioner of Public Safety. Any matters pertaining to special contract investigators shall be exempt from the provisions of a law relating to meetings open to the public, approved as now or hereafter amended.
(7) Any contract pursuant to subsection (1) shall be:
(a) Reduced to writing; and
(b) Terminable upon written notice by either party, and shall in any event terminate one (1) year from the date of signing; and
(c) Approved as to form by the Attorney General.
Such contracts shall not be public records and shall not be available for inspection under the provisions of a law providing for the inspection of public records as now or hereafter amended.
(8) Special contract investigators shall not be considered employees of the Bureau of Investigation for any purpose.
(9) The Director of the Bureau of Investigation shall have all powers necessary and incidental to the effective operation of this section.
(10) Notwithstanding any other provisions contained in this section, all contracts authorized under this section and related matters shall be made available to the Legislative Budget Office and the State Fiscal Management Board.
SECTION 2. This act shall take effect and be in force from and after July 1, 2006.