MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Judiciary B

By: Representative Montgomery (74th)

AN ACT TO REQUIRE NOTICE BEFORE RETURNING AN INDICTMENT AGAINST A LAW ENFORCEMENT OFFICER; TO PROVIDE INDICTMENT REQUIREMENTS; TO PROVIDE CERTAIN RIGHTS FOR AN ACCUSED LAW ENFORCEMENT OFFICER; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) Before an indictment against a law enforcement officer charging the officer with a crime which is alleged to have occurred while he or she was in the performance of his or her duties is returned by a grand jury, the officer shall be notified of the contemplated action by the district attorney of the county wherein the grand jury shall convene and the officer

shall be afforded the rights provided in Code Section 2 of this act.

(2) The requirements of subsection (1) of the section shall apply to all prosecutions, whether for misdemeanors or felonies, and no such prosecution shall proceed without a grand jury indictment.

SECTION 2. Any law enforcement officer who shall be charged with malpractice, misfeasance, or malfeasance in office; or with using oppression or tyrannical partiality in the administration or under the color of his office; or with using any other deliberate or illegal means to delay or avoid the due course or proceeding of law; or with any other illegal conduct in the performance or administration of the office which is unbecoming the character of a law enforcement officer; or who shall willfully and knowingly demand more cost than he is entitled to by law in the administration and under color of his office may be indicted. The indictment shall specially set forth the merits of the complaint against the accused law enforcement officer. A copy of the indictment shall be served on the accused law enforcement officer at least fifteen (15) days before it is presented to the grand jury. The accused shall have the right to appear before the grand jury to make such sworn statement as he shall desire at the conclusion of the presentation of the state's evidence. The accused shall not be subject to examination, either direct or cross, and shall not have the right individually or through his counsel to examine the state's witnesses. The accused and his counsel shall have the right to be present during the presentation of all evidence and alleged statements of the accused on the proposed indictment, presentment, or accusation, after which he and his counsel shall retire instanter from the grand jury room to permit the grand jury to deliberate upon the indictment. If a true bill is returned by the grand jury, the indictment shall, as in other cases, be published in open court and shall be placed on the court criminal docket of cases to be tried by a jury. If the accused is convicted, he shall be punished by a fine or by imprisonment, or both, at the discretion of the court; and, if still in office, he shall be removed from office.

SECTION 3. This act shall take effect and be in force from and after July 1, 2000.