MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Judiciary B

By: Representative Robinson (63rd)

AN ACT TO AMEND SECTION 19-19-5, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A CONSTABLE WHO IS UNAVAILABLE AND WHO IS UNABLE TO PERFORM HIS DUTIES FOR AN EXTENDED PERIOD OF TIME BECAUSE OF SICKNESS OR BECAUSE HE IS ON VACATION TO DESIGNATE ANOTHER CONSTABLE OF THE COUNTY OR A CONSTABLE WHO PREVIOUSLY SERVED IN THE COUNTY TO PERFORM HIS DUTIES IN HIS ABSENCE; 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. If a constable is unavailable or is unable to perform his duties for an extended period of time because of sickness or because he is on vacation, then he may designate, in writing, the person to perform his duties in his absence. Such person may be another currently serving constable in the county or a constable who previously served in the county and who has met the requirements for certification by the Board on Law Enforcement Standards and Training.

(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 of two (2) weeks, 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. 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. This act shall take effect and be in force from and after July 1, 2000.