MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Judiciary

By: Senator(s) Michel

AN ACT TO AMEND SECTION 25-5-1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IF A PUBLIC OFFICER IS CONVICTED OF A DISQUALIFYING CRIME IN A COURT OF THIS STATE, THAT THE JUDGE SHALL IMMEDIATELY UPON SUCH CONVICTION ORDER SUCH OFFICER REMOVED FROM OFFICE; TO PROVIDE THAT IF A PUBLIC OFFICER IS CONVICTED OF A DISQUALIFYING CRIME IN FEDERAL COURT OR A COURT OF ANOTHER STATE, THAT THE ATTORNEY GENERAL SHALL ENTER A MOTION TO REMOVE SUCH OFFICER FROM OFFICE IN THE APPROPRIATE STATE COURT WITHIN FIVE DAYS OF BEING NOTIFIED OR OTHERWISE LEARNING OF SUCH CONVICTION; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 25-5-1, Mississippi Code of 1972, is amended as follows:

25-5-1. If any public officer, state, district, county or municipal, shall be convicted in any court of this state or any other state or in any federal court of any felony other than manslaughter or any violation of the United States Internal Revenue Code, of corruption in office or peculation therein, or of gambling or dealing in futures with money coming to his hands by virtue of his office, any court of this state, in addition to such other punishment as may be prescribed, shall, upon such conviction, immediately adjudge the defendant removed from office; and the office of the defendant shall thereby become vacant. If any such officer be found by inquest to be of unsound mind during the term for which he was elected or appointed, or shall be removed from office by the judgment of a court of competent jurisdiction or otherwise lawfully, his office shall thereby be vacated; and in any such case the vacancy shall be filled as provided by law.

When any such officer is found guilty of a crime which is a felony under the laws of this state or which is punishable by imprisonment for one (1) year or more, other than manslaughter or any violation of the United States Internal Revenue Code, in a federal court or a court of competent jurisdiction of any other state, the Attorney General of the State of Mississippi shall within five (5) days of being notified or otherwise learning of such conviction, enter a motion for removal from office in the Circuit Court of Hinds County in the case of a state officer, and in the circuit court of the county of residence in the case of a district, county or municipal officer. The court, or the judge in vacation, shall, upon notice and a proper hearing, issue an order removing such person from office and the vacancy shall be filled as provided by law.

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.