Senate Bill 2945

AN ACT TO AMEND SECTION 7-1-5, MISSISSIPPI CODE OF 1972, TO REQUIRE THE GOVERNOR TO RECEIVE QUARTERLY REPORTS FROM THE 22 DISTRICT ATTORNEYS; TO AMEND SECTION 25-31-1, MISSISSIPPI CODE OF 1972, TO INCREASE THE NUMBER OF YEARS OF ADMISSION TO THE MISSISSIPPI BAR IN ORDER TO BE ELIGIBLE TO HOLD THE OFFICE OF ATTORNEY GENERAL; TO AMEND SECTION 25-31-11, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DISTRICT ATTORNEYS TO SUBMIT QUARTERLY REPORTS TO THE GOVERNOR WITH A COPY TO THE ATTORNEY GENERAL; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 7-1-5, Mississippi Code of 1972, is amended as follows:

7-1-5. In addition to the powers conferred and duties imposed on the Governor by the Constitution and by the laws as elsewhere provided, he shall have the powers and perform the duties following, viz:

(a) He is the supreme executive officer of the state.

(b) He is the commander in chief of the militia of the state and may call out the militia to execute the laws, to suppress insurrections or riots and to repel invasions.

(d) He is to supervise the official conduct of all executive and ministerial officers.

(e) He is to see that all offices are filled and the duties thereof performed or, in default thereof, apply such remedy as the law allows; and if the remedy be imperfect, he shall acquaint the Legislature therewith at its next session.

(f) He shall make appointments and fill vacancies as prescribed by law.

(g) Whenever any suit or legal proceeding is pending which affects the title of the state to any property, or which may result in any claim against the state, he may direct the Attorney General to appear on behalf of the state and protect its interest.

(h) He may require the Attorney General, or district attorney of any district, to inquire into the affairs or management of any corporation existing under the laws of this state, or doing business in this state under the laws thereof.

(i) He shall receive quarterly reports from the district attorneys as required by Section 25-31-13, and may require the Attorney General to aid any district attorney in the discharge of his duties.

(j) He may offer rewards, not exceeding Two Hundred Dollars ($200.00), for escaped insane persons who are dangerous, and such other rewards as are authorized by law.

(k) He may require any officer or board to make special reports to him upon demand in writing.

(l) He shall transact all necessary business with state officers, shall require them to be present at their respective offices at all reasonable business hours, and may require information, in writing, from any such officer relating to the duties of his office.

(m) When deemed advisable upon proceedings for the arrest in this state of fugitives from justice from other states or countries, he may commission a special officer to arrest such fugitive in any part of the state.

(n) He may bring any proper suit affecting the general public interests, in his own name for the State of Mississippi, if after first requesting the proper officer so to do, the said officer shall refuse or neglect to do the same.

SECTION 2. Section 25-31-1, Mississippi Code of 1972, is amended as follows:

25-31-1. The District Attorney shall possess all the qualifications of county officers and, in addition thereto, shall be a regular licensed and practicing attorney and shall have been duly admitted to practice before the Supreme Court of the State of Mississippi for a period of four (4) years.

SECTION 3. Section 25-31-11, Mississippi Code of 1972, is amended as follows:

25-31-11. (1) It shall be the duty of the District Attorney to represent the state in all matters coming before the grand juries of the counties within his district and to appear in the circuit courts and prosecute for the state in his district all criminal prosecutions and all civil cases in which the state or any county within his district may be interested; but if two (2) or more counties are adversely interested, the District Attorney shall not represent either. Any district attorney may also institute and prosecute to final judgment or decree any case in the name of the state against any person or corporation for any violation of the Constitution or the laws of this state, in order to enforce any penalties, fines or forfeitures imposed by law in any court of his district having jurisdiction, with like effect as if the suit was instituted by the Attorney General.

(2) The District Attorney may transfer any case handled by him to a county prosecuting attorney when charges in such case no longer constitute a felony.

(3) The validity of any judgment or sentence shall not be affected by the division of jurisdiction under this section, and no judgment or sentence may be reversed or modified upon the basis that the case was not processed according to this section.

(4) A county prosecuting attorney or municipal prosecuting attorney may be designated by the District Attorney to appear on behalf of the District Attorney pursuant to an agreement relating to appearances in certain courts or proceedings in the county of the county prosecuting attorney or in the municipality of the municipal prosecuting attorney. Such agreement shall be filed with the circuit court clerk of any county where such agreement shall be operative. Such agreement shall be binding upon the District Attorney and county prosecuting attorney or municipal prosecuting attorney until dissolved by either of them in writing upon five (5) days' notice.

(5) Where any statute of this state confers a jurisdiction, responsibility, duty, privilege or power upon a county attorney or county prosecuting attorney, either solely, jointly or alternatively with a district attorney, such county prosecuting attorney shall be responsible for the prosecution, handling, appearance, disposition or other duty conferred by such statute. Any such provision shall not be construed to bestow such responsibility, jurisdiction or power upon the District Attorney where there is no elected county prosecuting attorney, and any such matter shall be handled pursuant to Section 19-3-49, Mississippi Code of 1972.

(6) The District Attorney, or his designated assistant, or the county prosecuting attorney, or his designated assistant, shall assist the Attorney General in appeals from his district to the Mississippi Supreme Court and in other post judgment proceedings, and shall appear for oral argument before the Supreme Court when directed by the Supreme Court.

(7) The several district attorneys shall submit reports of revenues and expenditures and shall submit budget requests as required for State General Fund agencies. For purposes of budget control, the several offices of district attorney shall be considered General Fund agencies and the budget and accounts of the several offices, including salaries, travel expenses, office expenses and any other expenditures or revenues, shall be consolidated for all districts as far as such consolidation is practical.

All revenue or funds allocated or expended by a district attorney, whether such funds are appropriated from state funds, or whether such funds are received from county funds, grants or otherwise, shall be reported to the Legislative Budget Office.

(8) The district attorneys shall submit quarterly reports to the Governor with a copy to the Attorney General setting forth the following statistics for the previous quarter: number of days spent appearing before a grand jury; number of indictments secured; number of no true bills returned; number of cases pled; number of convictions; number of cases in which no conviction was secured; number of trials; number of days spent in trial; and such other information as the district attorney judges will be helpful. The reports shall be mailed no later than the following dates: for the January-February-March quarter, April 15; for the April-May-June quarter, July 15; for the July-August-September quarter, October 15; for the October-November-December quarter, January 15.

SECTION 4. This act shall take effect and be in force from and after July 1, 2004.