MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Judiciary A; Appropriations

By: Representative Endt

AN ACT TO AMEND SECTIONS 25-31-10 AND 99-3-1, MISSISSIPPI CODE OF 1972, TO AUTHORIZE CRIMINAL INVESTIGATORS TO MAKE ARRESTS; 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. Criminal investigators shall be authorized to make arrests.

(2) The district attorneys of the Third, Fifth, Ninth, Tenth, Eleventh, Twelfth, Fifteenth, Sixteenth, Seventeenth and Twentieth 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, Fourth and 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 said criminal investigators shall be not less than Seventeen Thousand Dollars ($17,000.00) per annum, nor more than Thirty-five Thousand Dollars ($35,000.00) 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. Provided, 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., 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.

SECTION 2. Section 99-3-1, Mississippi Code of 1972, is amended as follows:

99-3-1. Arrests for crimes and offenses may be made by the sheriff or his deputy or by any constable or conservator of the peace within his county, or by any marshal or policeman of a city, town or village within the same, or by a criminal investigator appointed under Section 25-31-10, or by any United States Marshal or Deputy United States Marshal, or, when in cooperation with local law enforcement officers, by any other federal law enforcement officer who is employed by the United States Government, authorized to effect an arrest for a violation of the United States Code, and authorized to carry a firearm in the performance of his duties. Private persons may also make arrests.

SECTION 3. This act shall take effect and be in force from and after its passage.