Senate Amendments to House Bill No. 1020

 

TO THE CLERK OF THE HOUSE:

 

  THIS IS TO INFORM YOU THAT THE SENATE HAS ADOPTED THE AMENDMENTS SET OUT BELOW:

 

 

AMENDMENT NO. 1

 

     Amend by striking all after the enacting clause and inserting in lieu thereof the following:

 


     SECTION 1.  (1)  There shall be three (3) temporary special circuit judges for the Seventh Circuit Court District with no limitation whatsoever upon the powers and duties of the said judges other than as cast upon them by the Constitution and laws of this state.

     (2)  There shall be two (2) temporary special circuit judges for the Seventh Circuit Court District with the limitation upon the powers and duties of the judges authorized under this subsection that the judges shall hear only criminal matters, as well as those limitations cast upon them by the Constitution and laws of this state.

     (3)  No later than fifteen (15) days after the passage of this act, the Chief Justice of the Supreme Court shall appoint the judges authorized under this section.  The Chief Justice of the Supreme Court may elect to reappoint circuit judges currently serving on a temporary basis in the Seventh Circuit Court District.

     (4)  This section shall stand repealed on December 1, 2026.

     SECTION 2.  The public defender of the Seventh Circuit Court District may appoint three (3) full-time assistant public defenders in addition to those appointed under Section 25-32-3.  Said full-time assistant public defenders shall receive compensation in an amount equal to full-time assistant public defenders in the Seventh Circuit Court District subject to available funds specifically appropriated therefor by the Legislature.

     SECTION 3.  Section 19-23-21, Mississippi Code of 1972, is amended as follows:

     19-23-21.  (1)  The county attorney of any county bordering on the Gulf of Mexico and having two (2) judicial districts may appoint an assistant county attorney from the judicial district in which the county attorney does not reside, to serve for a term commensurate with the county attorney; the assistant county attorney shall receive the same salary, mileage expense account and secretarial assistance as provided by law for the county attorney and shall have the same duties and powers as the county attorney, subject to the direction of the county attorney.

     (2)  (a)  The county attorney of any county housing the seat of state government, wherein U.S. Highways 80 and 49 intersect, and having two (2) judicial districts, may appoint two (2) temporary assistant county attorneys; the temporary assistant county attorneys shall receive the same salary, mileage expense account and secretarial assistance as provided by law for the county attorney to be paid from funds specifically appropriated therefor by the Legislature; the temporary assistant county attorneys shall have the same duties and powers as the county attorney, subject to the direction of the county attorney.

          (b)  This subsection shall stand repealed on December 1, 2026.

     SECTION 4.  Section 9-7-25, Mississippi Code of 1972, is amended as follows:

     9-7-25.  (1)  There shall be four (4) circuit judges for the Seventh Circuit Court District.  One (1) judge shall be elected from each subdistrict as provided by Section 9-7-23(2)(a) through (d).

     (2)  While there shall be no limitation whatsoever upon the powers and duties of the said judges other than as cast upon them by the Constitution and laws of this state, the court in the First Judicial District of Hinds County, in the discretion of the senior circuit judge, may be divided into civil and criminal divisions as a matter of convenience, by the entry of an order upon the minutes of the court.

     (3)  By October 1, 2023, the clerk of the Seventh Circuit Court District in conjunction with the Administrative Office of Courts shall provide case disposition and caseload data in the district from January 1, 2017, to September 15, 2023, to the Chairs of the Senate Judiciary, Division A and the House Judiciary A Committees and the Chairs of the Senate and House Appropriations Committees for the purpose of assisting the Legislature in its consideration to authorize one (1) circuit judge for the Seventh Circuit Court District in addition to the judges authorized in subsection (1) of this section.  Any judge to be authorized under this subsection shall be elected from the subdistrict as provided by Section 9-7-23(2)(e).

     SECTION 5.  Section 9-7-23, Mississippi Code of 1972, is amended as follows:

     9-7-23.  (1)  The Seventh Circuit Court District shall be Hinds County.

     (2)  The Seventh Circuit Court District shall be divided into four (4) subdistricts in Hinds County as follows:

          (a)  Subdistrict 7-1 shall consist of the following precincts in Hinds County:  1, 2, 4, 5, 6, 8, 9, 10, 32, 33, 34, 35, 36, 44, 45, 46, 47, 72, 73, 74, 75, 76, 77, 78, 79, 92, 93, 96 and 97.

          (b)  Subdistrict 7-2 shall consist of the following precincts in Hinds County:  11, 12, 13, 14, 15, 16, 17, 23, 27, 28, 29, 30, 37, 38, 39, 40, 41, 42, 43, 80, 81, 82, 83, 84, 85, Brownsville, Cynthia, Pocahontas and Tinnin.

          (c)  Subdistrict 7-3 shall consist of the following precincts in Hinds County:  18, 19, 20, 21, 22, 24, 25, 26, 31, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 66, 67, 68, 69, 70, 71, 86, 89, and Jackson State.

          (d)  Subdistrict 7-4 shall consist of the following precincts in Hinds County:  87, 88, 90, 91, 94, 95, Bolton, Byram 1, Byram 2, Cayuga, Chapel Hill, Clinton 1, Clinton 2, Clinton 3, Clinton 4, Clinton 5, Clinton 6, Dry Grove, Edwards, Learned, Old Byram, Pinehaven, Raymond 1, Raymond 2, Spring Ridge, St. Thomas, Terry, Utica 1 and Utica 2.

          (e)  Subdistrict 7-5 shall consist of the precincts in Hinds County to be determined by the Legislature before January 1, 2026.

     SECTION 6.  (1)  Subject to the availability of funds specifically appropriated therefor, the Department of Public Safety shall:

          (a)  Issue all patrol law enforcement officers within the Office of Capitol Police body-worn cameras which shall be worn on the uniforms of the patrol officers; and

          (b)  Equip all patrol vehicles used by law enforcement officers within the Office of Capitol Police with vehicle cameras.

     (2)  Body-worn cameras and vehicle cameras required under this section shall be kept in good working condition and shall be operational while an officer or vehicle is on patrol.

     (3)  As used in this section the following words have the meaning herein ascribed unless the context clearly requires otherwise:

          (a)  "Body-worn camera" means a device that is worn by a law enforcement officer which has the capability of electronically recording audio and video of the activities of the officer.

          (b)  "Vehicle camera" means a device that is equipped to a law enforcement vehicle which has the capability of electronically recording audio and video of the activities of the vehicle's surroundings.

     SECTION 7.  Section 45-1-19, Mississippi Code of 1972, is amended as follows:

     45-1-19.  (1)  The Department of Public Safety, through the Office of Capitol Police, shall have jurisdiction relative to the enforcement of all laws of the State of Mississippi on the properties, from curb to curb, including adjoining streets, sidewalks and leased parking lots within the Capitol Complex, set forth in Section 29-5-2, the Governor's Mansion, the Court of Appeals Building, the Mississippi Department of Transportation Building and the Public Employees' Retirement System Building, and any property purchased, constructed or otherwise acquired by the State of Mississippi for conducting state business and not specifically under the supervision and care by any other state entity, but which is reasonably assumed the Department of Public Safety would be responsible for such.  The Department of Public Safety shall, through any person or persons appointed by the commissioner, make arrests for any violation of any law of the State of Mississippi on the grounds of or within those properties.  The Department of Public Safety shall, in addition, enforce the provisions of this section and Sections 29-5-57 through 29-5-67, 29-5-73 through 29-5-75, and 29-5-81 through 29-5-95, and prescribe such rules and regulations as are necessary therefor.  The powers and duties related to the administration of Sections 29-5-57 through 29-5-67, 29-5-73 through 29-5-75, and 29-5-81 through 29-5-95 shall remain with the Department of Finance and Administration.

     (2)  Subject to the approval of the Board of Trustees of State Institutions of Higher Learning, the Board of Trustees and the Department of Public Safety shall be authorized to enter into a contract for the Department of Public Safety to supply the security personnel with jurisdiction to enforce all laws of the State of Mississippi on the property of the Board of Trustees located at the corner of Ridgewood Road and Lakeland Drive in the City of Jackson.

     (3)  The Department of Public Safety and the Department of Agriculture are authorized to enter into a contract for the Department of Public Safety to have jurisdiction and enforce all laws of the State of Mississippi on the property of the Department of Agriculture located at 121 North Jefferson Street and the new Farmers Market Building located at the corner of High and Jefferson Streets in the City of Jackson, Hinds County, Mississippi.  It is the intent of the Legislature that the Department of Public Safety will not post any security personnel at such buildings, but will provide regular vehicle patrols and responses to security system alarms.

     (4)  The Department of Public Safety and the Mississippi Fair Commission are authorized to enter into a contract for the Department of Public Safety to have jurisdiction and enforce all laws of the State of Mississippi on the property of the Mississippi Fair Commission known as the "Mississippi State Fairgrounds Complex" and any and all of its outlying buildings and property.  The Department of Public Safety and the Mississippi Fair Commission are authorized to enter into a contract for the Department of Public Safety to supply the security personnel to the Mississippi Fair Commission with jurisdiction to enforce all laws of the State of Mississippi on this property and any and all buildings on this property.

     (5)  The Department of Public Safety and the Department of Revenue are authorized to enter into a contract for the Department of Public Safety to supply the security personnel with jurisdiction to enforce all laws of the State of Mississippi at the Alcoholic Beverage Control facility and the Department of Revenue main office.

     (6)  The Department of Public Safety shall have jurisdiction relative to the enforcement of all laws of the State of Mississippi within the boundaries of the Capitol Complex Improvement District created in Section 29-5-203 and within the boundaries of the City of Jackson, Mississippi.  The Department of Public Safety shall, through any person or persons appointed by the Department of Public Safety, make arrests for any violation of any law of the State of Mississippi which occurs within the boundaries of the district and the City of Jackson.  The jurisdiction of the Department of Public Safety granted under this subsection (6) shall be concurrent with the jurisdiction of the City of Jackson, Mississippi, and that of Hinds County, Mississippi.  At any time and/or during any event necessitating the coordination of and/or utilization at multiple jurisdictions within the Capitol Complex Improvement District, as determined by the Chief of Capitol Police or the Commissioner, the Department of Public Safety shall be the lead agency when the event occurs on property as defined herein that is owned or leased by the state as provided in subsection (1) of this sectionWritten authorization of the Chief of the Capitol Police or the Commissioner shall be required prior to the approval of any event which is to take place on any street or sidewalk immediately adjacent to any building or property owned or occupied by any official, agency, board, commission, office or other entity of the State of Mississippi, or which can reasonably be expected to block, impede or otherwise hinder ingress thereto and/or egress therefrom.  The jurisdiction and authority of the Department of Public Safety under this subsection (6) shall be in addition to any other jurisdiction and authority provided to the department under this section or any other law.

     (7)  The Department of Public Safety is authorized to enter into a contract with any county for the county to take custody of the misdemeanor offenders arrested under the authority granted under this section.

     (8)  All accrued personal leave earned pursuant to Section 25-3-93, accrued major medical leave earned pursuant to Section 25-3-95, accrued state compensatory leave earned pursuant to Section 25-3-92, and compensatory leave earned pursuant to the Fair Labor Standards Act (FLSA) shall transfer from the Department of Finance and Administration to the Department of Public Safety for all employees transferred under this section.

     SECTION (8).  (1)  The Commissioner of the Department of Public Safety, the City of Jackson and the Sheriff of Hinds County may enter into a Memorandum of Understanding detailing the expectations of the parties concerning the enforcement of all laws of the State of Mississippi within the boundaries of the City of Jackson, Mississippi.

     (2)  A copy of any said executed memorandum shall be provided to the Department of Finance and Administration, and the Chairs of the Senate and House Appropriations Committees.

     (3)  The execution of or failure to execute such a memorandum shall not affect any grant of jurisdiction under Section 45-1-19.

     SECTION 9.  Candidates for the judgeship authorized in Section 9-7-25(2) shall qualify as provided by Section 23-15-977 and shall run for office and be elected as provided in Sections 23-15-974 through 23-15-985 (Nonpartisan Judicial Election Act).  The term of the office of the circuit court judgeship authorized in Section 9-7-25(2) shall begin on January 1, 2027, and their terms shall continue for four (4) years as is otherwise provided by law.

     SECTION 10.  Except for Section 8 of this act, this act shall take effect and be in force from and after July 1, 2023, and shall stand repealed on June 30, 2023.  Section 8 of this act shall take effect and be in force from and after October 1, 2023, and shall stand repealed on September 30, 2023.


     Further, amend by striking the title in its entirety and inserting in lieu thereof the following:

 


     AN ACT TO PROVIDE FIVE TEMPORARY CIRCUIT JUDGES FOR THE FIRST JUDICIAL DISTRICT OF THE SEVENTH CIRCUIT COURT DISTRICT UNTIL DECEMBER 1, 2026; TO PROVIDE THAT TWO OF THE TEMPORARY CIRCUIT JUDGES OF THE FIVE AUTHORIZED IN THIS ACT BE LIMITED TO HEAR ONLY CRIMINAL MATTERS; TO AUTHORIZE THREE FULL-TIME ASSISTANT PUBLIC DEFENDERS IN THE SEVENTH CIRCUIT COURT DISTRICT IN ADDITION TO THE FULL-TIME ASSISTANT PUBLIC DEFENDERS APPOINTED UNDER SECTION 25-32-3; TO AMEND SECTION 19-23-21, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COUNTY PROSECUTING ATTORNEY OF HINDS COUNTY TO APPOINT TWO TEMPORARY ASSISTANT COUNTY ATTORNEYS; TO AMEND SECTION 9-7-25, MISSISSIPPI CODE OF 1972, TO REQUIRE THE CLERK OF THE SEVENTH CIRCUIT COURT DISTRICT IN CONJUNCTION WITH THE ADMINISTRATIVE OFFICE OF COURTS TO PROVIDE HISTORICAL CASE DISPOSITION AND CASELOAD DATA IN THE DISTRICT TO CERTAIN MEMBERS OF THE LEGISLATURE TO ASSIST THE LEGISLATURE IN ITS CONSIDERATION TO AUTHORIZE AN ADDITIONAL CIRCUIT JUDGE FOR THE SEVENTH CIRCUIT COURT DISTRICT; TO AMEND SECTION 9-7-23, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT SUBDISTRICT 7-5 IN THE SEVENTH CIRCUIT COURT DISTRICT SHALL CONSIST OF THE PRECINCTS DETERMINED BY THE LEGISLATURE BEFORE A CERTAIN DATE; TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY, SUBJECT TO THE AVAILABILITY OF FUNDS SPECIFICALLY APPROPRIATED THEREFOR, TO ISSUE ALL CAPITOL POLICE PATROL OFFICERS BODY-WORN CAMERAS AND TO EQUIP ALL PATROL VEHICLES USED BY CAPITOL POLICE OFFICERS WITH VEHICLE CAMERAS; TO REQUIRE THE CAMERAS TO BE KEPT IN GOOD WORKING CONDITION AND TO BE OPERATIONAL WHILE AN OFFICER OR VEHICLE IS ON PATROL; TO AMEND SECTION 45-1-19, MISSISSIPPI CODE OF 1972, TO INCLUDE THE GOVERNOR'S MANSION WITHIN THE LIST OF STATE-OWNED BUILDINGS OVER WHICH THE OFFICE OF CAPITOL POLICE HAS JURISDICTION; TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL HAVE JURISDICTION RELATIVE TO THE ENFORCEMENT OF ALL LAWS OF THE STATE OF MISSISSIPPI WITHIN THE BOUNDARIES OF THE CITY OF JACKSON, MISSISSIPPI; TO REQUIRE THE WRITTEN AUTHORIZATION OF THE CHIEF OF THE CAPITOL POLICE OR THE COMMISSIONER PRIOR TO THE APPROVAL OF ANY EVENT WHICH IS TO TAKE PLACE ON ANY STREET OR SIDEWALK IMMEDIATELY ADJACENT TO ANY BUILDING OR PROPERTY OWNED OR OCCUPIED BY ANY OFFICIAL, AGENCY, BOARD, COMMISSION, OFFICE OR OTHER ENTITY OF THE STATE OF MISSISSIPPI; TO AUTHORIZE THE COMMISSIONER OF THE DEPARTMENT OF PUBLIC SAFETY, THE CITY OF JACKSON AND THE SHERIFF OF HINDS COUNTY TO ENTER INTO A MEMORANDUM OF UNDERSTANDING DETAILING THE EXPECTATIONS OF THE PARTIES CONCERNING THE ENFORCEMENT OF ALL LAWS OF THE STATE OF MISSISSIPPI WITH THE BOUNDARIES OF THE CITY OF JACKSON; TO REQUIRE A COPY OF ANY EXECUTED MEMORANDUM TO BE PROVIDED TO CERTAIN ENTITIES; AND FOR RELATED PURPOSES.


 

SS26\HB1020PS.1J

 

                                                Eugene S. Clarke

                                         Secretary of the Senate