MISSISSIPPI LEGISLATURE

2018 Regular Session

To: Judiciary B

By: Representative Gipson

House Bill 949

(As Sent to Governor)

AN ACT TO REPEAL SECTION 9-21-21, MISSISSIPPI CODE OF 1972, WHICH CREATES THE MISSISSIPPI JUDICIAL ADVISORY STUDY COMMITTEE AND SPECIFIES THE MEMBERSHIP THEREOF; TO REPEAL SECTION 9-21-23, MISSISSIPPI CODE OF 1972, WHICH SETS THE PURPOSE OF THE STUDY COMMITTEE; TO REPEAL SECTION 9-21-25, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE CONDUCT OF MEETINGS OF THE STUDY COMMITTEE; TO REPEAL SECTION 9-21-27, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE FREQUENCY OF THE MEETINGS AND WHAT CONSTITUTES A QUORUM; TO REPEAL SECTION 9-21-29, MISSISSIPPI CODE OF 1972, WHICH REQUIRES THE ADMINISTRATIVE OFFICE OF COURTS TO PROVIDE SUPPORT TO THE STUDY COMMITTEE; TO REPEAL SECTION 9-21-31, MISSISSIPPI CODE OF 1972, WHICH REQUIRES AN ANNUAL REPORT AND AUTHORIZES STUDIES; TO REPEAL SECTION 9-21-33, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES THE STUDY COMMITTEE TO CALL UPON STATE AGENCIES AND LOCAL GOVERNMENTS TO CALL FOR ASSISTANCE AND REQUIRES THOSE ENTITIES TO COOPERATE WITH THE STUDY COMMITTEE AND RENDER SUCH INFORMATION, DATA, AID AND ASSISTANCE AS MAY BE REQUESTED BY THE STUDY COMMITTEE; TO REPEAL SECTION 9-21-35, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES THE STUDY COMMITTEE TO ENLIST THE SERVICES OF ANY AGENCY, EITHER PUBLIC OR PRIVATE, OR ANY INDIVIDUAL OR EDUCATIONAL INSTITUTION, BAR ASSOCIATION, RESEARCH ORGANIZATION, FOUNDATION, OR EDUCATIONAL OR CIVIC ORGANIZATION FOR ASSISTANCE IN ACCOMPLISHING THE PURPOSES OF THIS CHAPTER, CONDUCTING RESEARCH STUDIES, GATHERING INFORMATION OR PRINTING AND PUBLISHING ITS REPORTS, AND TO ENTER INTO CONTRACTS; TO REPEAL SECTION 9-21-37, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES THE STUDY COMMITTEE TO EMPLOY PERSONNEL; TO REPEAL SECTION 9-21-39, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THAT MEMBERS OF THE STUDY COMMITTEE RECEIVE A PER DIEM IN CERTAIN CIRCUMSTANCES; TO REPEAL SECTION 9-21-41, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES THE STUDY COMMITTEE TO RECEIVE AND EXPEND FUNDS APPROPRIATED; TO AUTHORIZE THE CHIEF JUSTICE OF THE SUPREME COURT TO CONTINUE BY ORDER THE CONTINUANCE OF THE WORK OF THE CRIMINAL CODE CONSULTING GROUP OF THE MISSISSIPPI JUDICIAL ADVISORY STUDY COMMITTEE AND ANY OTHER GROUP OR SUBCOMMITTEE OF THE JUDICIAL ADVISORY COMMITTEE AS HE SEES FIT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 9-21-21, Mississippi Code of 1972, which creates the Mississippi Judicial Advisory Study Committee and specifies the membership thereof, is repealed.

     SECTION 2.  Section 9-21-23, Mississippi Code of 1972, which sets the purpose of the study committee, is repealed.

     SECTION 3.  Section 9-21-25, Mississippi Code of 1972, which provides for the conduct of meetings of the study committee, is repealed.

     SECTION 4.  Section 9-21-27, Mississippi Code of 1972, which provides for the frequency of the meetings and what constitutes a quorum, is repealed.

     SECTION 5.  Section 9-21-29, Mississippi Code of 1972, which requires the Administrative Office of Courts to provide support to the study committee, is repealed.

     SECTION 6.  Section 9-21-31, Mississippi Code of 1972, which requires an annual report and authorizes studies, is repealed.

     SECTION 7.  Section 9-21-33, Mississippi Code of 1972, which authorizes the study committee to call upon state agencies and local governments to call for assistance and requires those entities to cooperate with the study committee and render such information, data, aid and assistance as may be requested by the study committee, is repealed.

     SECTION 8.  Section 9-21-35, Mississippi Code of 1972, which authorizes the study committee to enlist the services of any agency, either public or private, or any individual or educational institution, bar association, research organization, foundation, or educational or civic organization for assistance in accomplishing the purposes of this chapter, conducting research studies, gathering information or printing and publishing its reports, and to enter into contracts, is repealed.

     SECTION 9.  Section 9-21-37, Mississippi Code of 1972, which authorizes the study committee to employ personnel, is repealed.

     SECTION 10.  Section 9-21-39, Mississippi Code of 1972, which provides that members of the study committee receive a per diem in certain circumstances, is repealed.

     SECTION 11.  Section 9-21-41, Mississippi Code of 1972, which authorizes the study committee to receive and expend funds appropriated to it, is repealed.

     SECTION 12.  The Chief Justice of the Supreme Court is authorized to order the continuance of the work of the Criminal Code Consulting Group of the Mississippi Judicial Advisory Study Committee and any other group or subcommittee of the Judicial Advisory Committee as he sees fit.

     SECTION 13.  This act shall take effect and be in force from and after its passage.