MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Appropriations
By: Representatives Read, Shanks, Stamps, Anthony, Foster
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 * * *
Fifth, Sixth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth,
Fifteenth, Sixteenth, Seventeenth, Eighteenth * * *, 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 * * * 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.
( * * *5) No district attorney or assistant
district attorney shall accept any private employment, civil or criminal, in
any matter investigated by such criminal investigators.
( * * *6) The full and complete compensation
for all public duties rendered by * * * the criminal investigators shall be
not more than * * * 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. Any
amount of the annual compensation for a criminal investigator above the sum of
Fifty-nine Thousand Five Hundred Dollars ($59,500.00) shall be paid only with
funds provided by the county other than state funds.
( * * *7) 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.
( * * *8) 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 * * *
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 * * * 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.
( * * *5) No district attorney or assistant
district attorney shall accept any private employment, civil or criminal, in
any matter investigated by such criminal investigators.
( * * *6) The full and complete compensation
for all public duties rendered by the criminal investigators shall be not more
than * * * 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. Any
amount of the annual compensation for a criminal investigator above the sum of
Fifty-nine Thousand Five Hundred Dollars ($59,500.00) shall be paid only with
funds provided by the county other than state funds.
( * * *7) 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.
( * * *8) 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( * * *6), 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, and shall stand repealed on June 30, 2022.