MISSISSIPPI LEGISLATURE

2022 Regular Session

To: Appropriations

By: Representatives Read, Shanks, Stamps, Anthony, Foster

House Bill 1424

AN ACT TO AMEND SECTION 25-31-10, MISSISSIPPI CODE OF 1972, TO INCREASE THE NUMBER OF ADDITIONAL APPOINTED CRIMINAL INVESTIGATORS FOR CERTAIN DISTRICT ATTORNEYS; TO INCREASE THE SALARY OF CRIMINAL INVESTIGATORS; TO AMEND SECTION 25-31-10.1, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 25-31-10, Mississippi Code of 1972, is amended as follows:

     [Until January 1, 2023, this section shall read as follows:]

     25-31-10.  (1)  Any district attorney may appoint a full-time criminal investigator.

     (2)  The district attorneys of the * * *Third, Fifth, Sixth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, Eighteenth * * * and, Twentieth, Twenty-first and Twenty-second Circuit Court Districts may appoint one (1) additional full-time criminal investigator for a total of two (2) full-time criminal investigators.

     (3)  The district attorneys of the First, Second, Third, Fourth * * *, Seventh and Nineteenth Circuit Court Districts may appoint two (2) additional full-time criminal investigators for a total of three (3) full-time criminal investigators.

     (4)  The district attorney of the Seventh Circuit Court District may appoint one (1) additional full-time criminal investigator for a total of four (4) full-time criminal investigators. 

     ( * * *45)  No district attorney or assistant district attorney shall accept any private employment, civil or criminal, in any matter investigated by such criminal investigators.

     ( * * *56)  The full and complete compensation for all public duties rendered by * * *said the criminal investigators shall be not more than * * *Fifty‑nine Thousand Five Hundred Dollars ($59,500.00) Sixty-nine Thousand Five Hundred Dollars ($69,500.00) per annum, to be determined at the discretion of the district attorney based upon the qualifications, education and experience of the criminal investigator, plus necessary travel and other expenses, to be paid in accordance with Section 25-31-8.  However, the maximum salary under this subsection for a criminal investigator who has a law degree may be supplemented by the district attorney from other available funds, but not to exceed the maximum salary for a legal assistant to a district attorney.

     ( * * *67)  Any criminal investigator may be designated by the district attorney to attend the Law Enforcement Officers Training Program set forth in Section 45-6-1 et seq., Mississippi Code of 1972.  The total expenses associated with attendance by criminal investigators at the Law Enforcement Officers Training Program shall be paid out of the funds of the appropriate district attorney.

     ( * * *78)  The district attorney shall be authorized to assign the duties of criminal investigators regardless of the source of funding for such criminal investigators.

     [From and after January 1, 2023, this section shall read as follows:]

     25-31-10.  (1)  Any district attorney may appoint a full-time criminal investigator.

     (2)  The district attorneys of the * * *Third, Fifth, Sixth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, Eighteenth, Twentieth, Twenty-first, Twenty-second and Twenty-third Circuit Court Districts may appoint one (1) additional full-time criminal investigator for a total of two (2) full-time criminal investigators.

     (3)  The district attorneys of the First, Second, Third, Fourth * * *, Seventh and Nineteenth Circuit Court Districts may appoint two (2) additional full-time criminal investigators for a total of three (3) full-time criminal investigators.

     (4)  The district attorney of the Seventh Circuit Court District may appoint one (1) additional full-time criminal investigator for a total of four (4) full-time criminal investigators. 

     ( * * *45)  No district attorney or assistant district attorney shall accept any private employment, civil or criminal, in any matter investigated by such criminal investigators.

     ( * * *56)  The full and complete compensation for all public duties rendered by the criminal investigators shall be not more than * * *Fifty‑nine Thousand Five Hundred Dollars ($59,500.00) Sixty-nine Thousand Five Hundred Dollars ($69,500.00) per annum, to be determined at the discretion of the district attorney based upon the qualifications, education and experience of the criminal investigator, plus necessary travel and other expenses, to be paid in accordance with Section 25-31-8.  However, the maximum salary under this subsection for a criminal investigator who has a law degree may be supplemented by the district attorney from other available funds, but not to exceed the maximum salary for a legal assistant to a district attorney.

     ( * * *67)  Any criminal investigator may be designated by the district attorney to attend the Law Enforcement Officers Training Program set forth in Section 45-6-1 et seq.  The total expenses associated with attendance by criminal investigators at the Law Enforcement Officers Training Program shall be paid out of the funds of the appropriate district attorney.

     ( * * *78)  The district attorney shall be authorized to assign the duties of criminal investigators regardless of the source of funding for such criminal investigators.

     SECTION 2.  Section 25-31-10.1, Mississippi Code of 1972, is amended as follows:

     25-31-10.1.  In addition to the salaries, expenses and fringe benefits of district attorneys and legal assistants authorized by Section 25-3-35(5) and (6) and criminal investigators authorized by Section 25-31-10( * * *56), the salary of a district attorney may be supplemented in an amount not to exceed Eight Thousand Three Hundred Dollars ($8,300.00) per year; the salary of a legal assistant may be supplemented in an amount not to exceed Six Thousand Dollars ($6,000.00) per year; and the salary of a criminal investigator may be supplemented in an amount not to exceed Five Thousand Dollars ($5,000.00) per year, payable monthly.  The supplemental salary, expenses and fringe benefits authorized herein may be paid from office-generated funds, funds from a county, a combination of counties, a municipality, a combination of municipalities, a county and a municipality, a combination of counties and municipalities, federal funds, grants from private foundations, or by means of an Interlocal Cooperative Agreement authorized by Section 17-13-1.  The district attorney shall report to the board of supervisors of each county comprising the circuit court district the amount and source of the supplemental salary, expenses and fringe benefits, and the board in each county shall spread the same on its minutes.  The district attorney shall also report such information to the Department of Finance and Administration who shall make such information available to the Legislative Budget Office.  The supplemental salary, expenses and fringe benefits may either be paid from district attorney accounts, transferred by the district attorney to the Department of Finance and Administration or to one or more of the separate counties comprising the circuit court district, and such funds shall be disbursed to the employees in the same manner as state-funded criminal investigators and full-time legal assistants.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2022.