MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Judiciary B; Appropriations
By: Representatives Creekmore IV, Deweese, Lancaster, Steverson
AN ACT TO AMEND SECTION 25-31-10, MISSISSIPPI CODE OF 1972, TO AUTHORIZE AN ADDITIONAL CRIMINAL INVESTIGATOR FOR THE THIRD CIRCUIT COURT DISTRICT; TO AMEND SECTION 25-31-5, MISSISSIPPI CODE OF 1972, TO AUTHORIZE AN ADDITIONAL DISTRICT ATTORNEY FOR THE THIRD CIRCUIT COURT DISTRICT; TO AMEND SECTION 99-36-7, MISSISSIPPI CODE OF 1972, TO AUTHORIZE AN ADDITIONAL VICTIM ASSISTANCE COORDINATOR FOR THE THIRD CIRCUIT COURT DISTRICT; 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:
25-31-10. (1) Any district attorney may appoint a full-time criminal investigator.
(2) The district attorneys of
the * * * Fifth,
Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth,
Twentieth 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) No district attorney or assistant district attorney shall accept any private employment, civil or criminal, in any matter investigated by such criminal investigators.
(5) The full and complete compensation for all public duties rendered by the criminal investigators shall be not more than Sixty-three Thousand Dollars ($63,000.00) 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.
(6) 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.
(7) 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 25-31-5, Mississippi Code of 1972, is amended as follows:
25-31-5. (1) The following number of full-time legal assistants are authorized in the following circuit court districts:
(a) First Circuit Court District...............nine (9) legal assistants.
(b) Second Circuit Court District..............ten (10) legal assistants.
(c) Third Circuit
Court District......... * * *five (5) six (6) legal assistants.
(d) Fourth Circuit Court District..............six (6) legal assistants.
(e) Fifth Circuit Court District...............five (5) legal assistants.
(f) Sixth Circuit Court District................two (2) legal assistants.
(g) Seventh Circuit Court District..........eleven (11) legal assistants.
(h) Eighth Circuit Court District.............three (3) legal assistants.
(i) Ninth Circuit Court District..............three (3) legal assistants.
(j) Tenth Circuit Court District...............four (4) legal assistants.
(k) Eleventh Circuit Court District............five (5) legal assistants.
(l) Twelfth Circuit Court District.............five (5) legal assistants.
(m) Thirteenth Circuit Court District..........four (4) legal assistants.
(n) Fourteenth Circuit Court District..........five (5) legal assistants.
(o) Fifteenth Circuit Court District............six (6) legal assistants.
(p) Sixteenth Circuit Court District...........five (5) legal assistants.
(q) Seventeenth Circuit Court District........three (3) legal assistants.
(r) Eighteenth Circuit Court District...........two (2) legal assistants.
(s) Nineteenth Circuit Court District...........six (6) legal assistants.
(t) Twentieth Circuit Court District............six (6) legal assistants.
(u) Twenty-first Circuit Court District.......three (3) legal assistants.
(v) Twenty-second Circuit Court District......three (3) legal assistants.
(w) Twenty-third Circuit Court District .....four (4)
legal assistants.
(2) In addition to any legal assistants authorized pursuant to subsection (1) of this section, the following number of full-time legal assistants are authorized (i) in the following circuit court districts if funds are appropriated by the Legislature to adequately fund the salaries, expenses and fringe benefits of such legal assistants, or (ii) in any of the following circuit court districts in which the board of supervisors of one or more of the counties in a circuit court district adopts a resolution to pay all of the salaries, supplemental pay, expenses and fringe benefits of legal assistants authorized in such district pursuant to this subsection:
(a) First Circuit Court District................two (2) legal assistants.
(b) Second Circuit Court District...............two (2) legal assistants.
(c) Third Circuit Court District................two (2) legal assistants.
(d) Fourth Circuit Court District...............two (2) legal assistants.
(e) Fifth Circuit Court District................two (2) legal assistants.
(f) Sixth Circuit Court District................two (2) legal assistants.
(g) Seventh Circuit Court District..............two (2) legal assistants.
(h) Eighth Circuit Court District...............two (2) legal assistants.
(i) Ninth Circuit Court District................two (2) legal assistants.
(j) Tenth Circuit Court District................two (2) legal assistants.
(k) Eleventh Circuit Court District.............two (2) legal assistants.
(l) Twelfth Circuit Court District..............two (2) legal assistants.
(m) Thirteenth Circuit Court District...........two (2) legal assistants.
(n) Fourteenth Circuit Court District...........two (2) legal assistants.
(o) Fifteenth Circuit Court District............two (2) legal assistants.
(p) Sixteenth Circuit Court District............two (2) legal assistants.
(q) Seventeenth Circuit Court District..........two (2) legal assistants.
(r) Eighteenth Circuit Court District...........two (2) legal assistants.
(s) Nineteenth Circuit Court District...........two (2) legal assistants.
(t) Twentieth Circuit Court District............two (2) legal assistants.
(u) Twenty-first Circuit Court District.........two (2) legal assistants.
(v) Twenty-second Circuit Court District........two (2) legal assistants.
(w) Twenty-third Circuit Court District........two (2) legal assistants.
(3) The board of supervisors of any county may pay all or a part of the salary, supplemental pay, expenses and fringe benefits of any district attorney or legal assistant authorized in the circuit court district to which such county belongs pursuant to this section.
(4) The district attorney of any circuit court district may employ additional legal assistants or criminal investigators, or both, without regard to any limitation on the number of legal assistants authorized in this section or criminal investigators authorized by other provisions of law to the extent that the district attorney's office receives funds from any source. Any source shall include, but is not limited to, office generated funds, funds from a county, a combination of counties, a municipality, a combination of municipalities, federal funds, private grants or foundations, or by means of an Interlocal Cooperative Agreement authorized by Section 17-13-1 which may be expended for those positions in an amount sufficient to pay all of the salary, supplemental pay, expenses and fringe benefits of the positions. Such funds may either be paid out of 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 the funds shall be disbursed to such employees in the same manner as state-funded criminal investigators and full-time legal assistants. 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 which shall make such information available to the Legislative Budget Office.
(5) The district attorney shall be authorized to assign the duties of a legal assistant regardless of the source of funding for such legal assistants.
SECTION 3. Section 99-36-7, Mississippi Code of 1972, is amended as follows:
99-36-7. (1) (a) In addition to the full-time legal assistants to the district attorney authorized by Section 25-31-5, the district attorney in each circuit court district in this state shall, subject to the approval of and upon the order of the senior circuit court judge of the district, employ one (1) person to serve at the will and pleasure of the district attorney as a "victim assistance coordinator" who shall not be considered to be a state employee.
(b) The District Attorney of the First Circuit Court District may appoint one (1) additional victim assistance coordinator, the District Attorney of the Third Circuit Court District may appoint one (1) additional victim assistance coordinator and the District Attorney of the Fourteenth Circuit Court District, upon the approval of the boards of supervisors, may appoint one (1) additional victim assistance coordinator, subject to the approval of and upon the order of the senior circuit court judge of the applicable district for a total of two (2) victim assistance coordinators per district.
(2) The duty of the victim assistance coordinator is to ensure that a victim, guardian of a victim, or close relative of a deceased victim is afforded the rights granted victims, guardians and relatives by Section 99-36-5. The victim assistance coordinator shall work closely with appropriate law enforcement agencies, prosecuting attorneys, the state and the judiciary in fulfilling that duty.
(3) The salary of the victim assistance coordinator shall not exceed the salary authorized for criminal investigators in Section 25-31-10, and shall be paid jointly by the counties comprising the circuit court district, with each county paying a pro rata share of the salary as determined by the senior circuit court judge.
(4) The board of supervisors of any county, with the approval of and upon the order of the senior circuit court judge of the district wherein such county lies, may, in addition to any victim assistance coordinator provided for in subsection (1) of this section, create the position of county victim assistance coordinator. The duty of the county victim assistance coordinator shall be to cooperate with local law enforcement agencies, the county attorney and the district attorney in assuring that a victim, guardian or close relative is afforded the rights granted by Section 99-36-5. Two (2) or more counties, by action of their respective boards of supervisors, with the approval of and upon the order of the senior circuit court judge of the district wherein such counties lie, may join in establishing and maintaining the position of victim assistance coordinator to serve these counties. Any municipality, by action of its governing authority, may participate in the establishment and maintenance of a county victim assistance coordinator's office located within the municipality.
(5) Any district attorney, county board of supervisors or governing authority of a municipality which has established or is participating in the maintenance of an office of victim assistance coordinator may apply through the Governor's Office of State and Federal Programs for a grant under the federal "Victims of Crimes Act of 1984" (Public Law 98-473) to be used in the continued operation of the victim assistance program.
SECTION 4. This act shall take effect and be in force from and after July 1, 2023.