Senate Bill 2234

AN ACT TO PROHIBIT ANY AGENCY OF THIS STATE, ANY POLITICAL SUBDIVISION OF THIS STATE, ANY EMPLOYEE OF ANY AGENCY OF THIS STATE OR ANY POLITICAL SUBDIVISION OF THIS STATE, OR ANY MEMBER OF THE MISSISSIPPI NATIONAL GUARD FROM ASSISTING AN AGENCY OF THE ARMED FORCES OF THE UNITED STATES IN THE INVESTIGATION, PROSECUTION OR "INDEFINITE" DETAINMENT OF ANY CITIZEN OF THE UNITED STATES UNDER CERTAIN CIRCUMSTANCES; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) Subject to subsection (2) of this section, notwithstanding any provision of law to the contrary, no agency of this state, no political subdivision of this state, no employee of an agency of this or a political subdivision of this state acting in his or her official capacity, and no member of the Mississippi National Guard on official state duty shall aid an agency of the Armed Forces of the United States in any investigation, prosecution or detention of any person pursuant to Section 1021 of the National Defense Authorization Act for fiscal year 2012 (which gives the current or future President the power to order the indefinite detention of persons arrested in the United States without charge or trial), if such aid would place that state agency, political subdivision, employee or member of the Mississippi National Guard in violation of the United States Constitution, the Mississippi Constitution of 1890, or any law of this state.

(2) Subsection (1) of this section does not apply to participation by state or local law enforcement or the Mississippi National Guard in a joint task force, partnership or other similar cooperative agreement with federal law enforcement if that joint task force, partnership, or similar agreement is not for the purpose of investigating, prosecuting or detaining any person pursuant to Section 1021 of the National Defense Authorization Act for fiscal year 2012.

SECTION 2. This act shall take effect and be in force from and after July 1, 2013.