MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Judiciary

By: Senator(s) Ross

AN ACT TO BRING FORWARD SECTIONS 19-21-105, 41-61-57, 41-61-63, 41-61-77, 45-1-2, 45-1-17, 45-1-25, 45-1-27, 45-1-29, 45-1-31, 45-33-1, 45-33-15, 63-11-5, 63-11-8, 63-11-13, 63-11-19, 63-11-32, 63-11-47 AND 99-19-73, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF AMENDMENT, AS THEY RELATE TO THE ORGANIZATION AND PURPOSE OF THE STATE CRIME LAB; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 19-21-105, Mississippi Code of 1972, is brought forward as follows:

19-21-105. (1) Each coroner elected in the 1987 general election and thereafter shall attend the Mississippi Crime Laboratory and State Medical Examiner Death Investigation Training School provided for in subsection (5) of Section 41-61-57, and shall successfully complete subsequent testing on the subject material prior to taking the oath of office. If the elected coroner fails to successfully complete the school and testing, he shall not be eligible to take the oath of office.

(2) Upon successful completion of the death investigation training school, the coroner shall take the oath of office, and he then shall be designated the chief county medical examiner or chief county medical examiner investigator, as provided in subsection (2) of Section 41-61-57, and shall perform the duties of such office as required by law.

SECTION 2. Section 41-61-57, Mississippi Code of 1972, is brought forward as follows:

41-61-57. (1) There are hereby created the positions of county medical examiners and county medical examiner investigators, to be established as herein provided through successful completion of the death investigation training school provided for in subsection (5) of this section. Each county medical examiner (CME) shall be a doctor of medicine (M.D.) or osteopathic medicine (D.O.) licensed in the State of Mississippi. Each county medical examiner investigator (CMEI) shall be a nonphysician who shall, as a minimum, possess a high school graduation diploma or its equivalent. Extra consideration for the CMEI position may be given for experience and/or training in health-related fields and medicolegal death investigations.

(2) Each coroner elected in the 1987 general election and thereafter, upon successful completion of the death investigation training school provided for in subsection (5) of this section, shall be recognized as a county medical examiner or county medical examiner investigator, according to the qualifications set out in subsection (1) of this section, and shall be designated the chief for the county in which he was elected. If the elected or appointed coroner fails to successfully complete the death investigation training school, and thus is unable to take the oath of office, as provided in Section 19-21-105, there shall promptly be appointed a coroner pro tempore in the manner prescribed by Section 9-1-27, and that person shall be designated the chief county medical examiner or county medical examiner investigator until the time of the next death investigation training school, which he must successfully complete or be removed from office. Any elected coroner who has failed to successfully complete the death investigation training school may attend any subsequent death investigation training school conducted during the term for which he was elected, and upon the successful completion thereof, he shall become the chief CME or CMEI for the county in which he was elected. The coroner pro tempore then shall become a deputy CME or CMEI, provided he has successfully completed the death investigation training school. Notwithstanding anything in this section to the contrary, each coroner holding office on July 1, 1986, shall be the chief CME or CMEI for the county in which he was elected through the expiration of his term in January 1988 without having to attend the death investigation training school; however, he may voluntarily attend any such school conducted prior to that time.

(3) There shall be at least one (1) county medical examiner and/or county medical examiner investigator for each county, and one (1) county medical examiner or county medical examiner investigator shall be designated as the chief for each county, except as otherwise provided in subsection (4) of this section. Any county may have deputy county medical examiners or deputy county medical examiner investigators as deemed necessary who shall be appointed jointly by the board of supervisors and the CME or CMEI. However, when the population of a county reaches a total of twenty thousand (20,000) or greater, there shall be one or more officially appointed deputies. Deputies shall be subject to the same qualifications, training and certification requirements, and shall possess the same authority and discharge the same duties, as other county medical examiners or county medical examiner investigators, and shall receive fees and expenses as provided in Sections 41-61-69 and 41-61-75. Any CME or CMEI may be removed by the State Medical Examiner prior to the expiration of his term as CME or CMEI for inefficiency, or other good cause, after written notice and a hearing in compliance with due process law.

(4) One (1) person may serve as the chief CME or CMEI for two (2) or more adjacent counties when that person consents and the boards of supervisors of each county involved and the State Medical Examiner consent in writing. Each respective county involved shall be responsible for payment for the services given to that county by the chief CME or CMEI.

(5) Chief and deputy CME's and CMEI's shall attend the death investigation training school provided by the Mississippi Crime Laboratory and the State Medical Examiner, and shall successfully complete subsequent testing on the subject material by the State Medical Examiner at least once every four (4) years. Room, board and transportation expenses for attending the school shall be borne by the county in which the CME or CMEI is serving. In addition to the above training, the individual shall receive at least twenty-four (24) hours annually of continuing education as prescribed and certified by the State Medical Examiner. If the above requirements for training or continuing education are not met, the individual immediately shall be disqualified and removed from office as CME and/or CMEI. Reapplication for the office may be made the following year after removal.

SECTION 3. Section 41-61-63, Mississippi Code of 1972, is brought forward as follows:

41-61-63. (1) The State Medical Examiner shall:

(a) Provide assistance, consultation and training to county medical examiners, county medical examiner investigators and law enforcement officials.

(b) Keep complete records of all relevant information concerning deaths or crimes requiring investigation by the medical examiners.

(c) Promulgate rules and regulations regarding the manner and techniques to be employed while conducting autopsies; the nature, character and extent of investigations to be made into deaths affecting the public interest to allow a medical examiner to render a full and complete analysis and report; the format and matters to be contained in all reports rendered by the medical examiners; and all other things necessary to carry out the purposes of Sections 41-61-51 through 41-61-79. The State Medical Examiner shall make such amendments to these rules and regulations as may be necessary. All medical examiners, coroners and law enforcement officers shall be subject to such rules.

(d) Cooperate with the crime detection and medical examiner laboratories authorized by Section 45-1-17, the University Medical Center, the Attorney General, law enforcement agencies, the courts and the State of Mississippi.

(2) In addition, the medical examiners shall:

(a) Upon receipt of notification of a death affecting the public interest, make inquiries regarding the cause and manner of death, reduce the findings to writing and promptly make a full report to the State Medical Examiner on forms prescribed for that purpose. The medical examiner shall be authorized to inspect and copy the medical reports of the decedent whose death is under investigation. However, the records copied shall be maintained as confidential so as to protect the doctor/patient privilege. The medical examiners shall be authorized to request the issuance of subpoenas, through the proper court, for the attendance of persons and for the production of documents as may be required by their investigation.

(b) Complete the medical examiner's portion of the certificate of death within seventy-two (72) hours of assuming jurisdiction over a death, and forward the certificate to the funeral director or to the family. The medical examiner's portion of the certificate of death shall include the decedent's name, the date and time of death, the cause of death and the certifier's signature. If determination of the cause and/or manner of death are pending an autopsy or toxicological or other studies, these sections on the certificate may be marked "pending," with amendment and completion to follow the completion of the postmortem studies. The State Medical Examiner shall be authorized to amend a death certificate; however, the State Medical Examiner is not authorized to change or amend any death certificate after he has resigned or been removed from his office as the State Medical Examiner. Where an attending physician refuses to sign a certificate of death, or in case of any death, the State Medical Examiner or properly qualified designee may sign the death certificate.

(c) Cooperate with other agencies as provided for the State Medical Examiner in subsection (1)(d) of this section.

(d) In all investigations of deaths affecting the public interest where an autopsy will not be performed, obtain or attempt to obtain postmortem blood, urine and/or vitreous fluids. Medical examiners may also obtain rectal temperature measurements, known hair samples, radiographs, gunshot residue/wiping studies, fingerprints, palm prints and other noninvasive studies as the case warrants and/or as directed by the State Medical Examiner. Decisions may be made in consultation with investigating law enforcement officials and/or the State Medical Examiner. The cost of all studies not performed by the Mississippi Crime Laboratory shall be borne by the county. County medical examiner investigators shall be authorized to obtain these postmortem specimens themselves following successful completion of the death investigation training school.

(3) The medical examiner shall not use his position or authority to favor any particular funeral home or funeral homes.

(4) The State Medical Examiner shall obtain such liability insurance as deemed appropriate to the needs of the office, and may be sued by anyone affected to the extent of such insurance carried; however, immunity from suit is only waived to the extent of such liability insurance carried, and a judgment creditor shall have recourse only to the proceeds or right to proceeds of such liability insurance. No attempt shall be made in the trial of any case to suggest the existence of any insurance which covers in whole or in part any judgment or award rendered in favor of a claimant, but if the verdict rendered by the jury exceeds the limit of applicable insurance, the court on motion shall reduce the amount of the judgment to a sum equal to the applicable limit stated in the insurance policy. This subsection (4) shall stand repealed from and after July 1, 1993, by operation of law.

SECTION 4. Section 41-61-77, Mississippi Code of 1972, is brought forward as follows:

41-61-77. (1) The Department of Public Safety shall establish and maintain a central office for the Mississippi Crime Laboratory and the State Medical Examiner with appropriate facilities and personnel for postmortem medicolegal examinations. District offices, with appropriate facilities and personnel, may also be established and maintained if considered necessary by the department for the proper management of postmortem examinations.

The facilities of the central and district offices and their staff services may be available to the medical examiners and designated pathologists in their investigations.

(2) In order to provide proper facilities for investigating deaths as authorized in Sections 41-61-51 through 41-61-79, the State Medical Examiner may arrange for the use of existing public or private laboratory facilities. The State Medical Examiner may contract with qualified persons to perform or to provide support services for autopsies, studies and investigations not inconsistent with other applicable laws. Such laboratory facilities may be located at the University of Mississippi Medical Center or any other suitable location. The State Medical Examiner may also serve as a member of the faculty at the University of Mississippi Medical Center and other institutions of higher learning. He shall be authorized to employ, with the approval of the Commissioner of Public Safety, such additional scientific, technical, administrative and clerical assistants as are necessary for performance of his duties. Such employees in the office of the State Medical Examiner shall be subject to the rules, regulations and policies of the state personnel system in their employment.

(3) The State Medical Examiner shall be authorized to appoint and/or employ qualified pathologists as additional associate and assistant state medical examiners as are necessary to carry out the duties of his office. The associate and assistant state medical examiners shall be licensed to practice medicine in Mississippi and, insofar as practicable, shall be trained in the field of forensic pathology. The State Medical Examiner may delegate specific duties to competent and qualified medical examiners within the scope of the express authority granted to him by law or regulation. Employees of the office of the State Medical Examiner shall have the authority to enter any political subdivisions of this state for the purpose of carrying out medical investigations.

(4) The board of supervisors of any two (2) or more adjacent counties may enter into written agreements with one another, in accordance with Section 17-13-1 et seq., to establish regional medical examiner districts for the purposes of providing and coordinating medical examiner services on a regional basis, establishing central forensic facilities for the counties involved, and employing or contracting with one or more pathologists to serve as medical examiners of the district, who will perform postmortem examinations and autopsies for the counties involved. Any powers which may be exercised under this chapter by an individual county, county medical examiner or county medical examiner investigator may be exercised jointly with any other county or with the county medical examiner or county medical examiner investigator of such other county, in accordance with the terms of the agreement between the counties involved. Any county entering into such an agreement shall be authorized to expend any funds necessary to carry out the purposes of such agreement. Any municipality located within any such district is hereby authorized and empowered to contribute funds to such district. For any such district established, the counties involved shall attempt to coordinate the operation of the district and any district facilities with the operation of any district office or offices established by the State Medical Examiner under subsection (1) of this section which include such counties. The medical examiners authorized in this subsection shall have the same authority within a medical examiner district and the counties served by such district as does the State Medical Examiner.

SECTION 5. Section 45-1-2, Mississippi Code of 1972, is brought forward as follows:

45-1-2. (1) The Executive Director of the Department of Public Safety shall be the Commissioner of Public Safety.

(2) The Mississippi Department of Public Safety shall be organized into the following offices:

(a) Office of Public Safety Planning;

(b) Office of Medical Examiner;

(c) Office of Mississippi Highway Safety Patrol;

(d) Office of Crime Laboratories;

(e) Office of Law Enforcement Officers' Training Academy;

(f) Office of Support Services.

(3) The department shall be headed by a commissioner who shall be appointed by and serve at the pleasure of the Governor. The appointment of the commissioner shall be made with the advice and consent of the Senate. The commissioner may assign to the appropriate offices such powers and duties as deemed appropriate to carry out the department's lawful functions.

(4) The commissioner of the department shall appoint heads of offices, who shall serve at the pleasure of the commissioner. The commissioner shall have the authority to organize the offices established by subsection (2) of this section as deemed appropriate to carry out the responsibilities of the department. The organization charts of the department shall be presented annually with the budget request of the Governor for review by the Legislature.

SECTION 6. Section 45-1-17, Mississippi Code of 1972, is brought forward as follows:

45-1-17. The commissioner shall have the authority to establish, staff, equip and operate a crime detection and medical examiner laboratory, and to cooperate with the University Medical Center and other hospitals and laboratories in its operation.

SECTION 7. Section 45-1-25, Mississippi Code of 1972, is brought forward as follows:

45-1-25. The director of the Mississippi Crime Laboratory which has been established by the Commissioner of Public Safety under the authority of Section 45-1-17 shall be a person who is experienced in crime laboratory operations, knowledgeable of the criminal justice system, and who shall have the following minimum qualifications:

(a) Graduation from an accredited four-year college or university with major course work in forensic science, chemistry, biology, commercial science or physics.

(b) At least five (5) years' full-time employment in a crime laboratory, with supervisory or administrative responsibility.

(c) Thorough knowledge of the utilization of crime laboratory services and their relation to the investigating law enforcement officers.

(d) Thorough knowledge of techniques employed in processing of physical evidence.

(e) Membership in professional organizations promoting advancement of forensic science.

(f) Proven effectiveness as a manager and administrator.

Unusual strength in one or more of the above qualifications may compensate for failure to exactly satisfy paragraph (b) of this section.

The director of the crime laboratory may only be removed by the Commissioner of Public Safety upon proof of his inability to serve due to illness, administrative or managerial ineffectiveness, incompetence, malfeasance, dereliction of duty or moral turpitude.

SECTION 8. Section 45-1-27, Mississippi Code of 1972, is brought forward as follows:

45-1-27. The director shall have responsibilities and duties including but not limited to the following:

(a) To plan and give general direction to activities or programs for which he is responsible, through the issuance of directives and orders.

(b) To review proposed changes in policies affecting the operation of the division under his direction.

(c) To maintain liaison with other agencies, divisions or departments of state and federal government.

(d) To approve and maintain uniform procedures and standards of operation for the laboratory.

(e) To supervise and approve procedures and processing of physical evidence.

(f) To present testimony in court in analysis of physical evidence.

(g) To supervise the State Medical Examiner.

(h) To attend scientific conferences and hold classes for law enforcement officers.

(i) To present budget requests to the Legislative Budget Office and to legislative committees.

SECTION 9. Section 45-1-29, Mississippi Code of 1972, is brought forward as follows:

45-1-29. (1) The Mississippi Crime Laboratory shall be funded separately from the Department of Public Safety. Any appropriated funds shall be maintained in an account separate from any funds of the Department of Public Safety and shall never be commingled with any funds of said department.

(2) The budget for the Mississippi Crime Laboratory shall be maintained and administered by crime laboratory personnel under the supervision of the director.

(3) Grants and donations to the crime laboratory may be accepted from individuals, the federal government, firms, corporations, foundations and other interested organizations and societies.

(4) The Mississippi Crime Laboratory shall establish and collect for services rendered proper fees commensurate with the services rendered. Such fees shall be deposited into a special fund in the State Treasury to the credit of the crime laboratory and expended in accordance with applicable rules and regulations of the Fiscal Management Board. Such fees may be used for any authorized expenditure of the crime laboratory except expenditures for salaries, wages and fringe benefits.

SECTION 10. Section 45-1-31, Mississippi Code of 1972, is brought forward as follows:

45-1-31. (1) The crime laboratory shall be empowered to purchase, equip and maintain vehicles, as authorized by law, and other conveyances for necessary business such as travel to court, crime scene assistance and consultation. The vehicles shall be independent of the vehicles purchased and operated by the Department of Public Safety.

(2) Obsolete non-repairable or salvageable equipment shall be sold, as provided by law, and the funds so derived shall go into the account of the crime laboratory and be used to replace such equipment.

SECTION 11. Section 45-33-1, Mississippi Code of 1972, is brought forward as follows:

45-33-1. (1) Any person residing in this state who has been twice adjudicated delinquent for any sex offense or attempted sex offense or who has been convicted of any sex offense or attempted sex offense or who has been acquitted by reason of insanity for any sex offense or attempted sex offense shall register with the Mississippi Department of Public Safety. The department shall automatically forward the initial registration information as well as any changes of address to the sheriff of the county of the residence address of the registrant, to the Federal Bureau of Investigation and to the appropriate state law enforcement agency of any state to which a registrant is moving or has moved. A sheriff shall maintain records for registrants of the county and shall make available to any person upon request the name, address, place of employment, crime for which convicted and date and place of conviction of any registrant.

(2) (a) The following information shall be required for registration: (i) name; (ii) address; (iii) place of employment; (iv) crime for which convicted; (v) date and place of conviction, adjudication, or acquittal by reason of insanity; (vi) aliases used; (vii) Social Security number; (viii) date of birth; (ix) age, race, sex, height, weight, and hair and eye colors; (x) a brief description of the offense or offenses for which the registration is required; (xi) identifying factors; (xii) anticipated future residence; (xiii) offense history; and (xiv) for sexual predators, documentation of any treatment received for any mental abnormality or personality disorder of the person.

(b) A person, other than a person confined in a correctional or juvenile detention facility or involuntarily committed on the basis of mental illness, who is required to register on the basis of a sex offense for which a conviction, adjudication of delinquency or acquittal by reason of insanity was entered prior to July 1, 1995, shall register no later than August 15, 1995.

(c) A person confined in a correctional or juvenile detention facility or involuntarily committed as of July 1, 1995, and who is required to register shall register prior to release in accordance with procedures established by the Department of Public Safety.

(d) A person moving to or returning to this state from another jurisdiction shall notify the Department of Public Safety ten (10) days before the person first resides in or returns to a county in this state and shall register with the department within ten (10) days of first residing in or returning to a county of this state.

(e) A person required to register on the basis of a conviction, adjudication of delinquency or acquittal by reason of insanity entered after July 1, 1995, shall register within three (3) days of the date of judgment unless the person is immediately confined or committed, in which case the person shall register when released in accordance with the procedures established by the Department of Public Safety. The court shall inform the person of the duty to register and obtain the information required for registration and forward the registration information to the Department of Public Safety within three (3) days.

(f) If a person who is required to register under this section is released from prison or placed on parole or supervised release, the Department of Corrections shall perform the registration duties at the time of release and forward the registration information to the Department of Public Safety within three (3) days.

(g) If a person required to register under this section is placed on probation, the court, at the time of entering the order, shall obtain the registration information and forward the registration information to the Department of Public Safety within three (3) days.

(3) Any person required to register who is neither incarcerated, detained nor committed at the time the requirement to register shall attach shall present himself to the county sheriff who shall perform the registration duties and forward the registration information to the Department of Public Safety within three (3) days.

(4) For the purposes of this chapter, the following words shall have the meanings ascribed herein unless the context clearly requires otherwise:

(a) "Sexual predator" means a person who has been convicted of a sex offense and who suffers from a mental abnormality or personality disorder that makes the person likely to engage in predatory sexual offenses.

(b) "Mental abnormality" means a congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of other persons.

(c) "Predatory" means an act directed at a stranger, or a person with whom a relationship has been established or promoted for the primary purpose of victimization.

(d) "Sex offense" means any of the following offenses:

Section 97-3-65 relating to rape and the carnal knowledge of a child under fourteen (14) years of age;

Section 97-3-67 relating to the carnal knowledge of unmarried persons over fourteen (14) and under eighteen (18) years of age;

Section 97-3-71 relating to rape and assault with intent to ravish;

Section 97-3-95 relating to sexual battery;

Section 97-5-21 relating to seduction of a child under age eighteen (18);

Section 97-5-23 relating to the touching of a child for lustful purposes;

Section 97-5-27 relating to the dissemination of sexually oriented material to children;

Section 97-5-33 relating to the exploitation of children;

Section 97-5-41 relating to the carnal knowledge of a stepchild, adopted child or child of a cohabiting partner;

Section 97-29-59 relating to unnatural intercourse;

Section 97-3-53 relating to kidnapping, if the victim was below the age of eighteen (18); or

Any other offense committed in another jurisdiction which, if committed in this state, would be deemed to be such a crime without regard to its designation elsewhere.

(e) "Registration duties" means obtaining the registration information required as well as the photograph, fingerprints, and blood sample of the registrant. Blood samples are to be forwarded to the State Crime Laboratory pursuant to Section 45-33-15; the photograph, fingerprints and other registration information are to be forwarded to the Department of Public Safety within three (3) days.

(5) Upon any change of address, a registrant under this chapter must notify the department no less than ten (10) days before he intends to first reside at the new address.

(6) If a sex offense for which the individual was convicted, adjudicated delinquent or acquitted by reason of insanity was a felony, or, if committed in another jurisdiction, would be considered a felony under the laws of this state, violation of this section shall be punishable by a fine of not less than One Thousand Five Hundred Dollars ($1,500.00) nor more than Five Thousand Dollars ($5,000.00), or imprisonment in the State Penitentiary for not less than one (1) year nor more than five (5) years, or both. If the sex offense for which the individual was convicted, adjudicated delinquent or acquitted by reason of insanity was a misdemeanor, or, if committed in another jurisdiction, would be considered a misdemeanor under the laws of this state, violation of this section shall be punishable by a fine of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) or imprisonment in the county jail for not less than thirty (30) days nor more than one (1) year.

(7) Registrants shall re-register every ninety (90) days:

(a) The Department of Public Safety shall mail a nonforwardable verification form to the last reported address of the person every ninety (90) days.

(b) The person shall mail the verification form to the department within ten (10) days after receipt of the form, stating whether the person still resides at the address last reported.

(c) If the person fails to mail the verification form to the department within ten (10) days after receipt of the form, the person shall be in violation of this section unless the person proves that the person has not changed residence address.

SECTION 12. Section 45-33-15, Mississippi Code of 1972, is brought forward as follows:

45-33-15. (1) The Mississippi Crime Laboratory shall develop a plan for and establish a deoxyribonucleic acid (DNA) identification system. In implementing the plan, the Mississippi Crime Laboratory shall purchase the appropriate equipment. The DNA identification system as established herein shall be compatible with that utilized by the Federal Bureau of Investigation.

(2) The Mississippi Crime Laboratory shall report on the DNA identification system to the Mississippi State Legislature no later than November 1, 1994. The report shall include the following:

(a) Specific rules and procedures to be used for the collection, analysis, storage, expungement and use of DNA identification data;

(b) Specific requirements for the proper administration and collection of blood samples; and

(c) A system analysis, a cost purchase analysis, a vendor bid evaluation and a space location analysis that includes a site determination.

(3) (a) From and after January 1, 1996, every individual convicted of a sex offense or in the custody of the Mississippi Department of Corrections for a sex offense as defined in Section 45-33-1 shall have a blood sample drawn for purposes of DNA identification analysis before release from or transfer to a state correctional facility or county jail or other detention facility.

(b) From and after January 1, 1996, any person having a duty to register under Section 45-33-1 for whom a DNA analysis is not already on file shall have a blood sample drawn for purposes of DNA identification analysis within five (5) working days after registration.

SECTION 13. Section 63-11-5, Mississippi Code of 1972, is brought forward as follows:

63-11-5. (1) Any person who operates a motor vehicle upon the public highways, public roads and streets of this state shall be deemed to have given his consent, subject to the provisions of this chapter, to a chemical test or tests of his breath for the purpose of determining alcohol concentration. A person shall give his consent to a chemical test or tests of his breath, blood or urine for the purpose of determining the presence in his body of any other substance which would impair a person's ability to operate a motor vehicle. The test or tests shall be administered at the direction of any highway patrol officer, any sheriff or his duly commissioned deputies, any police officer in any incorporated municipality, any national park ranger, any officer of a state-supported institution of higher learning campus police force if such officer is exercising this authority in regard to a violation that occurred on campus property, or any security officer appointed and commissioned pursuant to the Pearl River Valley Water Supply District Security Officer Law of 1978 if such officer is exercising this authority in regard to a violation that occurred within the limits of the Pearl River Valley Water Supply District, when such officer has reasonable grounds and probable cause to believe that the person was driving or had under his actual physical control a motor vehicle upon the public streets or highways of this state while under the influence of intoxicating liquor or any other substance which had impaired such person's ability to operate a motor vehicle. No such test shall be administered by any person who has not met all the educational and training requirements of the appropriate course of study prescribed by the Board on Law Enforcement Officers Standards and Training; provided, however, that sheriffs and elected chiefs of police shall be exempt from such educational and training requirement. No such tests shall be given by any officer or any agency to any person within fifteen (15) minutes of consumption of any substance by mouth.

(2) If the officer has reasonable grounds and probable cause to believe such person to have been driving a motor vehicle upon the public highways, public roads, and streets of this state while under the influence of intoxicating liquor, such officer shall inform such person that his failure to submit to such chemical test or tests of his breath shall result in the suspension of his privilege to operate a motor vehicle upon the public streets and highways of this state for a period of ninety (90) days in the event such person has not previously been convicted of a violation of Section 63-11-30, or, for a period of one (1) year in the event of any previous conviction of such person under Section 63-11-30.

(3) The traffic ticket, citation or affidavit issued to a person arrested for a violation of this chapter shall conform to the requirements of Section 63-9-21(3)(b).

(4) Any person arrested under the provisions of this chapter shall be informed that he has the right to telephone for the purpose of requesting legal or medical assistance immediately after being booked for a violation under this chapter.

(5) The Commissioner of Public Safety and the State Crime Laboratory created pursuant to Section 45-1-17 are hereby authorized from and after the passage of this section to adopt procedures, rules and regulations, applicable to the Implied Consent Law.

SECTION 14. Section 63-11-8, Mississippi Code of 1972, is brought forward as follows:

63-11-8. (1) The operator of any motor vehicle involved in an accident that results in a death shall be tested for the purpose of determining the alcohol content or drug content of such operator's blood, breath or urine. Any blood withdrawal required by this section shall be administered by any qualified person and shall be administered within two (2) hours after such accident, if possible. The exact time of the accident, to the extent possible, and the exact time of the blood withdrawal shall be recorded.

(2) If any investigating law enforcement officer has reasonable grounds to believe that a person is the operator of a motor vehicle involved in an accident that has resulted in a death, it shall be such officer's duty to see that a chemical test is administered as required by this section.

(3) The results of a test administered pursuant to this section may be used as evidence in any court or administrative hearing without the consent of the person so tested.

(4) No person may refuse to submit to a chemical test required under the provisions of this section.

(5) Analysis of blood or urine to determine alcohol or drug content pursuant to this section shall be conducted by the Mississippi Crime Laboratory or a laboratory whose methods and procedures have been approved by the Mississippi Crime Laboratory.

SECTION 15. Section 63-11-13, Mississippi Code of 1972, is brought forward as follows:

63-11-13. The person tested may, at his own expense, have a physician, registered nurse, clinical laboratory technologist or clinical laboratory technician or any other qualified person of his choosing administer a test, approved by the State Crime Laboratory created pursuant to Section 45-1-17, in addition to any other test, for the purpose of determining the amount of alcohol in his blood at the time alleged as shown by chemical analysis of his blood, breath or urine. The failure or inability to obtain an additional test by such arrested person shall not preclude the admissibility in evidence of the test taken at the direction of a law enforcement officer.

SECTION 16. Section 63-11-19, Mississippi Code of 1972, is brought forward as follows:

63-11-19. A chemical analysis of the person's breath, blood or urine, to be considered valid under the provisions of this section, shall have been performed according to methods approved by the State Crime Laboratory created pursuant to Section 45-1-17 and the Commissioner of Public Safety and performed by an individual possessing a valid permit issued by the State Crime Laboratory for making such analysis. The State Crime Laboratory and the Commissioner of Public Safety are authorized to approve satisfactory techniques or methods, to ascertain the qualifications and competence of individuals to conduct such analyses, and to issue permits which shall be subject to termination or revocation at the discretion of the State Crime Laboratory. The State Crime Laboratory shall not approve the permit required herein for any law enforcement officer other than a member of the State Highway Patrol, a sheriff or his deputies, a city policeman, an officer of a state-supported institution of higher learning campus police force, a security officer appointed and commissioned pursuant to the Pearl River Valley Water Supply District Security Officer Law of 1978, a national park ranger, a national park ranger technician, a military policeman stationed at a United States military base located within this state other than a military policeman of the Army or Air National Guard or of Reserve Units of the Army, Air Force, Navy or Marine Corps, or a conservation officer employed by the Mississippi Department of Wildlife, Fisheries and Parks. The permit given a conservation officer shall authorize such officer to administer tests only for violations of Sections 59-23-1 through 59-23-7.

The State Crime Laboratory shall make periodic, but not less frequently than quarterly, tests of the methods, machines or devices used in making chemical analysis of a person's breath as shall be necessary to ensure the accuracy thereof, and shall issue its certificate to verify the accuracy of the same.

SECTION 17. Section 63-11-32, Mississippi Code of 1972, is brought forward as follows:

63-11-32. (1) The State Department of Public Safety in conjunction with the Governor's Highway Safety Program, the State Board of Health, or any other state agency or institution shall develop and implement a driver improvement program for persons identified as first offenders convicted of driving while under the influence of intoxicating liquor or another substance which had impaired such person's ability to operate a motor vehicle, including provision for referral to rehabilitation facilities.

(2) The program shall consist of a minimum of ten (10) hours of instruction. Each person who participates shall pay a nominal fee to defray a portion of the cost of the program.

(3) Such assessments as are collected under subsection (2) of Section 99-19-73 shall be deposited in a special fund hereby created in the State Treasury and designated the "Mississippi Alcohol Safety Education Program Fund." Monies deposited in such fund shall be expended by the Board of Trustees of State Institutions of Higher Learning as authorized and appropriated by the Legislature to defray the costs of the Mississippi Alcohol Safety Education Program operated pursuant to the provisions of this section. Any revenue in the fund which is not encumbered at the end of the fiscal year shall lapse to the General Fund.

(4) Such assessments as are collected under subsection (2) of Section 99-19-73 shall be deposited in a special fund hereby created in the State Treasury and designated the "Federal-State Alcohol Program Fund." Monies deposited in such fund shall be expended by the Department of Public Safety as authorized and appropriated by the Legislature to defray the costs of alcohol and traffic safety programs. Any revenue in the fund which is not encumbered at the end of the fiscal year shall lapse to the General Fund.

(5) Such assessments as are collected under subsection (2) of Section 99-19-73 shall be deposited in a special fund hereby created in the State Treasury and designated the "Mississippi Crime Laboratory Implied Consent Law Fund." Monies deposited in such fund shall be expended by the Department of Public Safety as authorized and appropriated by the Legislature to defray the costs of equipment replacement and operational support of the Mississippi Crime Laboratory relating to enforcement of the Implied Consent Law. Any revenue in the fund which is not encumbered at the end of the fiscal year shall not lapse to the General Fund but shall remain in the fund.

SECTION 18. Section 63-11-47, Mississippi Code of 1972, is brought forward as follows:

63-11-47. The Commissioner of Public Safety, acting in concert with the State Crime Laboratory created pursuant to Section 45-1-17, is hereby expressly authorized and directed to determine the equipment and supplies which are adequate and necessary from both a medical and law enforcement standpoint for administration of this chapter. The Commissioner of Public Safety, upon receiving such recommendation from the State Crime Laboratory, shall recommend an equipment standard for such equipment to the State Fiscal Management Board. The State Fiscal Management Board, using such a uniform standard for said equipment, shall advertise its intention of purchasing said equipment by one (1) publication in at least one (1) newspaper having general circulation in the State of Mississippi at least ten (10) days before the purchase of such equipment and supplies, and the advertisement shall clearly and distinctly describe the articles to be purchased, and shall receive sealed bids thereon which shall be opened in public at a time and place to be specified in the advertisement.

The State Fiscal Management Board shall accept the lowest and best bid for said equipment and supplies; in its discretion, it may reject any and all bids submitted. The lowest and best bid for said equipment and supplies accepted by the State Fiscal Management Board shall be the state-approved price of said equipment for purchase by the state, county and city governments.

Title to all such testing equipment in the state purchased hereunder shall remain in the Commissioner of Public Safety regardless of what entity pays the purchase price.

The state, counties and municipalities may purchase in the name of the Commissioner of Public Safety such equipment and supplies from other vendors of said equipment and supplies necessary to implement this chapter, provided they purchase of the same quality and standard as certified to the State Fiscal Management Board and approved by the department. However, such equipment and supplies shall not be purchased by the state, counties and municipalities unless it is at a price equivalent to or lower than that approved by the State Fiscal Management Board, pursuant to the bid procedure as outlined herein.

SECTION 19. Section 99-19-73, Mississippi Code of 1972, is brought forward as follows:

99-19-73. (1) Traffic Violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation in Title 63, Mississippi Code of 1972, except offenses relating to the Mississippi Implied Consent Law (Section 63-11-1 et seq.) and offenses relating to vehicular parking or registration:

FUND AMOUNT

State Court Education Fund $ 1.50

State Prosecutor Education Fund .50

Driver Training Penalty Assessment Fund 7.00

Law Enforcement Officers Training Fund 5.00

Spinal Cord and Head Injury Trust Fund

(for all moving violations) 4.00

Emergency Medical Services Operating Fund 10.00

Mississippi Leadership Council on Aging

Fund 1.00

TOTAL STATE ASSESSMENT $ 29.00

(2) Implied Consent Law Violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or any other penalty for any violation of the Mississippi Implied Consent Law (Section 63-11-1 et seq.):

FUND AMOUNT

Crime Victims' Compensation Fund $ 10.00

State Court Education Fund 1.50

State Prosecutor Education Fund .50

Driver Training Penalty Assessment Fund 22.00

Law Enforcement Officers Training Fund 11.00

Emergency Medical Services Operating Fund 10.00

Mississippi Alcohol Safety Education Program Fund 5.00

Federal-State Alcohol Program Fund 10.00

Mississippi Crime Laboratory

Implied Consent Law Fund 25.00

Spinal Cord and Head Injury Trust Fund 25.00

State General Fund 35.00

TOTAL STATE ASSESSMENT $155.00

(3) Game and Fish Law Violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation of the game and fish statutes or regulations of this state:

FUND AMOUNT

State Court Education Fund $ 1.50

State Prosecutor Education Fund .50

Law Enforcement Officers Training Fund 5.00

Hunter Education and Training Program Fund 5.00

State General Fund 30.00

TOTAL STATE ASSESSMENT $ 42.00

(4) Litter Law Violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation of Section 97-15-29 or 97-15-30:

FUND AMOUNT

Statewide Litter Prevention Fund $ 25.00

TOTAL STATE ASSESSMENT $ 25.00

(5) Other Misdemeanors. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any misdemeanor violation not specified in subsection (1), (2) or (3) of this section, except offenses relating to vehicular parking or registration:

FUND AMOUNT

Crime Victims' Compensation Fund $ 10.00

State Court Education Fund 1.50

State Prosecutor Education Fund .50

Law Enforcement Officers Training Fund 5.00

State General Fund 30.00

State Crime Stoppers Fund 1.50

TOTAL STATE ASSESSMENT $ 48.50

(6) Other Felonies. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any felony violation not specified in subsection (1), (2) or (3) of this section:

FUND AMOUNT

Crime Victims' Compensation Fund $ 10.00

State Court Education Fund 1.50

State Prosecutor Education Fund .50

Law Enforcement Officers Training Fund 5.00

State General Fund 60.00

Criminal Justice Fund 50.00

TOTAL STATE ASSESSMENT $127.00

(7) If a fine or other penalty imposed is suspended, in whole or in part, such suspension shall not affect the state assessment under this section. No state assessment imposed under the provisions of this section may be suspended or reduced by the court.

(8) After a determination by the court of the amount due, it shall be the duty of the clerk of the court to promptly collect all state assessments imposed under the provisions of this section. The state assessments imposed under the provisions of this section may not be paid by personal check. It shall be the duty of the chancery clerk of each county to deposit all such state assessments collected in the circuit, county and justice courts in such county on a monthly basis with the State Treasurer pursuant to appropriate procedures established by the State Auditor. The chancery clerk shall make a monthly lump-sum deposit of the total state assessments collected in the circuit, county and justice courts in such county under this section, and shall report to the Department of Finance and Administration the total number of violations under each subsection for which state assessments were collected in the circuit, county and justice courts in such county during such month. It shall be the duty of the municipal clerk of each municipality to deposit all such state assessments collected in the municipal court in such municipality on a monthly basis with the State Treasurer pursuant to appropriate procedures established by the State Auditor. The municipal clerk shall make a monthly lump-sum deposit of the total state assessments collected in the municipal court in such municipality under this section, and shall report to the Department of Finance and Administration the total number of violations under each subsection for which state assessments were collected in the municipal court in such municipality during such month.

(9) It shall be the duty of the Department of Finance and Administration to deposit on a monthly basis all such state assessments into the proper special fund in the State Treasury. The monthly deposit shall be based upon the number of violations reported under each subsection and the pro rata amount of such assessment due to the appropriate special fund. The Department of Finance and Administration shall issue regulations providing for the proper allocation of these special funds.

(10) The State Auditor shall establish by regulation procedures for refunds of state assessments, including refunds associated with assessments imposed before July 1, 1990, and refunds after appeals in which the defendant's conviction is reversed. The auditor shall provide in such regulations for certification of eligibility for refunds and may require the defendant seeking a refund to submit a verified copy of a court order or abstract by which such defendant is entitled to a refund. All refunds of state assessments shall be made in accordance with the procedures established by the auditor.

SECTION 20. This act shall take effect and be in force from and after July 1, 1999.