MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Judiciary B
By: Representatives Criswell, Currie, Eubanks, Foster, Hale, Henley, Hopkins, Kinkade
AN ACT TO AMEND SECTION 19-25-19, MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT THAT A DEPUTY SHERIFF MUST BE A QUALIFIED ELECTOR OF THE STATE; 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 or her in
carrying out the duties of * * * the office of sheriff, 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 or she
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 or her
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 * * * and shall not have
been convicted of a felony. * * * Before 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.
SECTION 2. This act shall take effect and be in force from and after July 1, 2018.