MISSISSIPPI LEGISLATURE

2024 Regular Session

To: Judiciary B; Appropriations A

By: Representative Shanks

House Bill 1557

AN ACT TO CREATE NEW SECTION 45-39-19, MISSISSIPPI CODE OF 1972, TO ESTABLISH CERTAIN FINANCIAL AND REPORTING REQUIREMENTS FOR LOCAL CRIME STOPPERS PROGRAMS; TO AMEND SECTION 45-39-3, MISSISSIPPI CODE OF 1972, TO CLARIFY TERMS OF OFFICE OF MEMBERS OF THE CRIME STOPPERS ADVISORY COUNCIL WITHIN THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 45-39-5, MISSISSIPPI CODE OF 1972, TO DESIGNATE THE COMMISSIONER OF PUBLIC SAFETY AS THE DIRECTOR OF THE ADVISORY COUNCIL; TO AMEND SECTION 45-39-7, MISSISSIPPI CODE OF 1972, TO DECLARE RECORDS OF THE DEPARTMENT OF PUBLIC SAFETY RELATING TO REPORTS OF CRIMINAL ACTS THAT ARE CONFIDENTIAL AND NOT DISCOVERABLE UNLESS THE RECORDS CONTAIN EXCULPATORY EVIDENCE, AND TO EXEMPT SUCH RECORDS FROM THE MISSISSIPPI PUBLIC RECORDS ACT OF 1983; TO AMEND SECTION 45-39-11, MISSISSIPPI CODE OF 1972, TO REQUIRE THE TOLL-FREE TELEPHONE SERVICE FOR REPORTING CRIMINAL ACTS TO BE OPERATED CONTINUOUSLY ON A STATEWIDE BASIS; TO AMEND SECTION 45-39-17, MISSISSIPPI CODE OF 1972, TO REQUIRE LOCAL SURCHARGES ASSESSED BY COUNTIES AND MUNICIPALITIES IN SUPPORT OF CRIME STOPPERS PROGRAMS TO BE DEPOSITED INTO THE STATE CRIME STOPPERS FUND FOR DISBURSEMENT BACK TO PARTICIPATING COUNTIES AND MUNICIPALITIES; AND FOR RELATED PURPOSES.

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

     SECTION 1.  The following shall be codified as Section 45-39-19, Mississippi Code of 1972:

45-39-19.  A local crime stoppers program must meet the following requirements:

          (a)  Receipt of a 501(c)(3) determination letter from the United States Internal Revenue Service;

          (b)  Annual submission to the Department of Public Safety of proof of compliance with federal requirements for maintaining the program's status as a nonprofit entity; and

          (c)  Submission of audited financial statements to the Department of Public Safety every two (2) years.

     SECTION 2.  Section 45-39-3, Mississippi Code of 1972, is amended as follows:

     45-39-3.  There is * * *hereby created within the Department of Public Safety the Crime Stoppers Advisory Council.  The council shall be composed of five (5) persons appointed by the Governor with the advice and consent of the Senate.  At least three (3) of the foregoing appointees shall be persons who have participated in a local crime stoppers program.  Each member of the council shall serve for a term of two (2) years * * * or until his successor is appointed and qualifies.  At * * *the first meeting of the council, which shall be called by the Governor, and at the first meeting after the beginning of each new state fiscal year, the council shall elect from among its members a chairman * * * and such other officers as the council deems necessary.  Each member of the council shall receive per diem in the amount established in Section 25-3-69 * * *, Mississippi Code of 1972, for each day or portion thereof spent discharging his duties under this chapter and shall receive mileage and expenses as provided in Section 25-3-41 * * *, Mississippi Code of 1972.

     Expenses of the council shall be paid by the Department of Public Safety out of the State Crime Stoppers Fund * * *, created in Section 45-39-5(4).

     SECTION 3.  Section 45-39-5, Mississippi Code of 1972, is amended as follows:

     45-39-5.  (1)  The * * *council may contract with a person to serve as its director or, with the concurrence of the Commissioner of Public Safety * * *, may employ an individual within the Department of Public Safety to serve as director.  The council shall establish shall serve as the Director of the Crime Stoppers Advisory Council.  The Department of Public Safety shall adopt regulations establishing the authority and responsibilities of the director.

     (2)  The council shall:

          (a)  * * *Advise Encourage and assist in the creation of local crime stoppers programs;

          (b)  Foster the detection of crime and encourage persons to report information about criminal acts;

          (c)  Encourage news and other media to promote local crime stoppers programs and to inform the public of the functions of the council;

          (d)  Assist local crime stoppers programs in forwarding information about criminal acts to the appropriate law enforcement agencies; and

          (e)  Help law enforcement agencies detect and combat crime by increasing the flow of information to and between law enforcement agencies.

     (3)  The * * *council department may adopt rules to * * *carry assist the council in carrying out its duties under this chapter.

     (4)  The assessments collected under subsection (5) of Section 99-19-73, * * *Mississippi Code of 1972, and any other funds as may be made available through contributions from private or public sources, shall be deposited in a * * *special fund that is * * *hereby created in the State Treasury and designated the State Crime Stoppers Fund.  Monies deposited in the fund shall be expended by the Department of Public Safety, with the advice of the council, pursuant to appropriation therefor by the Legislature, for the authorized purposes of the State Crime Stoppers Program established under this chapter, including, but not limited to, providing reward monies for individuals who legitimately report crime activity.  Any such funds paid to such individuals shall be kept confidential by the council, and any audit of the fund and the expenditures of the council shall provide for the confidentiality of any expenditures to such individuals.  The Department of Public Safety shall have the authority to accept, budget and expend for any proper expenses of the Crime Stoppers Advisory Council any special source funds made available to the Crime Stoppers Program, subject to the approval of the Department of Finance and Administration and in accordance with procedures for federal fund escalations as established in Section 27-104-21.

     (5)  The * * *council Department of Public Safety shall * * *have the authority to require audited financial statement reporting from any local crime stoppers program receiving any type of public funding, including, but not limited to, surcharges, assessments, fees or other funds paid directly to a local crime stoppers program by a municipal or county agency * * *, including funds received under Section 45‑39‑17.

     SECTION 4.  Section 45-39-7, Mississippi Code of 1972, is amended as follows:

     45-39-7.  (1)  Council and the Department of Public Safety records relating to reports of criminal acts are confidential and exempt from the Mississippi Public Records Act of 1983.

     (2)  Evidence of a communication between a person submitting a report of a criminal act to the council or a local crime stoppers program and the person who accepted the report on behalf of the council or local crime stoppers program is not admissible in a court or an administrative proceeding whether the evidence is held by the council or a local crime stoppers program or is held by a telecommunication service provider.

     (3)  Records of the council, the Department of Public Safety, or a local crime stoppers program concerning a report of criminal activity and records of a telecommunication service provider relating to a report made to the council or to a local crime stoppers program may not be compelled to be produced before a court or other tribunal except on the motion of a criminal defendant to the court in which the offense is being tried that the records or report contain evidence that is exculpatory to the defendant in the trial of that offense.  On motion of a defendant under this subsection, the court may subpoena the records or report.  The court shall conduct an in-camera inspection of materials produced under subpoena to determine whether the materials contain evidence that is exculpatory to the defendant.  If the court determines that the materials produced contain evidence that is exculpatory to the defendant, the court shall present the evidence to the defendant in a form that does not disclose the identity of the person who was the source of the evidence, unless the state or federal Constitution requires the disclosure of that person's identity.  The court shall execute an affidavit accompanying the disclosed materials swearing that, in the opinion of the court, the materials disclosed represent the exculpatory evidence the defendant is entitled to receive under this section.  The court shall return to the council, Department of Public Safety, or * * *to the local crime stoppers program materials that are produced under this section but not disclosed to the defendant.  The council, Department of Public Safety, or local crime stoppers program shall store the materials until the conclusion of the criminal trial and the expiration of the time for all direct appeals in the case.

     SECTION 5.  Section 45-39-11, Mississippi Code of 1972, is amended as follows:

     45-39-11.  The council shall establish and operate a statewide toll-free telephone service * * *and make the service accessible to persons residing in areas of the state not served by a local crime stoppers program for reporting to the council information about criminal acts * * *.  The toll‑free service must be available between the hours of 5:00 p.m. and 8:00 a.m. Monday through Thursday and from 5:00 p.m. Friday until 8:00 a.m. Monday twenty-four (24) hours per day, seven (7) days per week.  The council shall forward the information received to appropriate law enforcement agencies or local crime stoppers programs.

     SECTION 6.  Section 45-39-17, Mississippi Code of 1972, is amended as follows:

     45-39-17.  In addition to any other monetary penalties and other penalties imposed by law, any county or municipality, by ordinance, may assess an additional surcharge in an amount not to exceed Two Dollars ($2.00) on each person upon whom a county, justice or municipal court imposes a fine or other penalty for any misdemeanor other than offenses relating to vehicular parking or registration if there is established, to the benefit of the citizens of the county or municipality, a local Crime Stoppers Program which is not authorized to receive funds under local and private legislation.  The proceeds from the surcharge may be used * * *by a county or municipality only to fund that county's or municipality's support of the local Crime Stoppers Program as authorized by Section 45-39-15 * * *, Mississippi Code of 1972.  The proceeds from the surcharge imposed by this section shall be deposited into * * *a special fund in the Department of Public Safety's Office of Public Safety Planning which the State Crime Stoppers Fund.  The Department of Public Safety shall promulgate rules and procedures relating to the administration of the * * *special fund and the disbursement of monies in the fund to participating counties and municipalities.  The maximum amount that a county or municipality may receive from the * * *special fund shall be an amount equal to the deposits made into the fund by that entity, less one percent (1%) to be retained by the * * *Office of Public Safety Planning Department of Public Safety to defray the costs of administering the * * *special fund.  Interest earned on the * * *special fund shall remain in the fund and shall be used by the * * *Office of Public Safety Planning Department of Public Safety to further defray the costs of administering the * * *special fund.

     SECTION 7.  This act shall take effect and be in force from and after July 1, 2024.

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