MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Judiciary

By: Senator(s) Tollison, Turner

AN ACT TO PROVIDE THAT A PEACE OFFICER MAY BE CHARGED WITH A CRIME ALLEGED TO HAVE OCCURRED WHILE IN THE PERFORMANCE OF DUTY ONLY AFTER COMPLIANCE WITH CERTAIN REQUIREMENTS; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) Before an indictment against a peace officer charging the officer with a crime which is alleged to have occurred while in the performance of the officer's 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 Section 2 of this act.

(2) The requirements of this 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 peace officer who shall be charged with malpractice, misfeasance or malfeasance in office, or with using oppression or tyrannical partiality in the administration of or under the color of his office, or with using any deliberate or illegal means to delay or avoid the due process 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 peace officer, may be indicted. The indictment shall specially set forth the merits of the complaint against the accused peace officer. A copy of the indictment shall be served on the accused peace 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 the officer and his counsel shall retire instantly 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 circuit court's docket of cases to be tried by a petit jury. If the accused is convicted, he shall be punished in the discretion of the court and, if still in office, be removed from office.

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