MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Judiciary B

By: Representative Malone

AN ACT TO AMEND SECTION 19-19-5, MISSISSIPPI CODE OF 1972, TO REVISE THE TRAINING AND TRAINING CERTIFICATION OF CONSTABLES; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 19-19-5, Mississippi Code of 1972, is amended as follows:

19-19-5. (1) It shall be the duty of every constable to keep and preserve the peace within his county, by faithfully aiding and assisting in executing the criminal laws of the state; to give information, without delay, to some justice court judge or other proper officer, of all riots, routs and unlawful assemblies, and of every violation of the penal laws which may come to his knowledge in any manner whatsoever; to execute and return all process, civil and criminal, lawfully directed to him, according to the command thereof; and to pay over all moneys, when collected by him to the person lawfully authorized to receive the same. No constable shall receive any fee provided by law for making an arrest, or attending any trial, wherein the defendant has been arrested, or is being tried for any violation of the motor vehicle laws committed on any designated United States highway located within the district or county of the constable.

(2) During a constable's term of office, each constable shall attend and, to the extent to which he is physically able, participate in a curriculum, with a duration equivalent to the training received by sheriffs, which addresses the nature and scope of specific duties and responsibilities of a constable and which includes firearm use and safety training, to be established by the Board on Law Enforcement Officers Standards and Training in the field of law enforcement at the Mississippi Law Enforcement Officers' Training Academy or such other police academies that are approved by the Board on Law Enforcement Officers Standards and Training pursuant to Section 45-6-9. Upon completion of the training the board shall present the same certification provided to a sheriff to a constable. The board of supervisors of the county shall be responsible for paying, only one (1) time, the tuition, living and travel expenses incurred by any constable of that county in attendance at such training program or curriculum. If such constable does not attend and, to the extent to which he is physically able, participate in such program or curriculum, any further training which may be required by this section shall be completed at the expense of such constable. No constable shall be entitled to the receipt of any fees, costs or compensation authorized by law after the first twenty-four (24) months in office if he fails to attend the academy and, to the extent to which he is physically able, participate in the appropriate program or curriculum. Any constable who does not complete the required training before January 1, 1994, may execute and return civil process but thereafter shall not be paid any fees, costs or compensation for executing such process and shall not be allowed to exercise any law enforcement functions or to carry a firearm in the performance of his duties until he has completed such training. The provisions of this subsection shall apply to constables elected at the November 1991 general election and to those who are elected at subsequent elections. The provisions of this subsection shall not apply to a person who has received a certificate from the Board on Law Enforcement Officers Standards and Training evidencing satisfaction of subsections (2) and (3) of Section 45-6-11, or who is exempt from the requirements of subsections (2) and (3) of Section 45-6-11 by the provisions of subsection (1) of Section 45-6-11.

SECTION 2. The Attorney General of the State of Mississippi shall submit this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.

SECTION 3. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.