MISSISSIPPI LEGISLATURE
2005 Regular Session
To: Judiciary A
By: Representative Warren
AN ACT TO AMEND SECTION 99-11-3, MISSISSIPPI CODE OF 1972, TO EXTEND THE REPEALER ON VENUE FOR INDICTMENTS BY THE STATE GRAND JURY; TO AMEND SECTION 27, LAWS OF 1993, AS AMENDED BY CHAPTER 382, LAWS OF 1998, AS AMENDED BY CHAPTER 480, LAWS OF 1999, AS AMENDED BY CHAPTER 471, LAWS OF 2002, TO EXTEND THE REPEALER ON THE STATE GRAND JURY ACT; TO AMEND SECTION 25-31-5, MISSISSIPPI CODE OF 1972, TO REVISE THE NUMBER OF ASSISTANT DISTRICT ATTORNEYS AUTHORIZED; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 99-11-3, Mississippi Code of 1972, is reenacted and amended as follows:
99-11-3. (1) The local jurisdiction of all offenses, unless otherwise provided by law, shall be in the county where committed. But, if on the trial the evidence makes it doubtful in which of several counties, including that in which the indictment or affidavit alleges the offense was committed, such doubt shall not avail to procure the acquittal of the defendant.
(2) The provisions of subsection (1) of this section shall not apply to indictments returned by a state grand jury. The venue of trials for indictments returned by a state grand jury shall be as provided by the State Grand Jury Act. This subsection shall stand repealed from and after July 1, 2011.
SECTION 2. Section 27, Chapter 553, Laws of 1993, as amended by Chapter 382, Laws of 1998, as amended by Chapter 480, Laws of 1999, as amended by Chapter 471, Laws of 2002, is amended as follows:
Section 27. This act shall take effect and be in force from and after its passage, and, with the exception of Section 22, shall stand repealed from and after July 1, 2011.
SECTION 3. Section 25-31-5, Mississippi Code of 1972, is amended as follows:
25-31-5. (1) The following number of full-time legal assistants are authorized in the following circuit court districts:
(a) First Circuit Court District........... eight (8)
legal assistants.
(b) Second Circuit Court District.......... nine (9)
legal assistants.
(c) Third Circuit Court District........... five (5)
legal assistants.
(d) Fourth Circuit Court District.......... five (5)
legal assistants.
(e) Fifth Circuit Court District........... four (4)
legal assistants.
(f) Sixth Circuit Court District........... two (2)
legal assistants.
(g) Seventh Circuit Court District......... ten (10)
legal assistants.
(h) Eighth Circuit Court District.......... two (2)
legal assistants.
(i) Ninth Circuit Court District........... two (2)
legal assistants.
(j) Tenth Circuit Court District........... four (4)
legal assistants.
(k) Eleventh Circuit Court District........ five (5)
legal assistants.
(l) Twelfth Circuit Court District......... three (3)
legal assistants.
(m) Thirteenth Circuit Court District...... two (2)
legal assistants.
(n) Fourteenth Circuit Court District...... three (3)
legal assistants.
(o) Fifteenth Circuit Court District....... five (5)
legal assistants.
(p) Sixteenth Circuit Court District....... four (4)
legal assistants.
(q) Seventeenth Circuit Court District..... six (6)
legal assistants.
(r) Eighteenth Circuit Court District...... two (2)
legal assistants.
(s) Nineteenth Circuit Court District...... four (4)
legal assistants.
(t) Twentieth Circuit Court District....... four (4)
legal assistants.
(u) Twenty-first Circuit Court District.... two (2)
legal assistants.
(v) Twenty-second Circuit Court District... two (2)
legal assistants.
(2) In addition to any legal assistants authorized pursuant to subsection (1) of this section, the following number of full-time legal assistants are authorized (i) in the following circuit court districts if funds are appropriated by the Legislature to adequately fund the salaries, expenses and fringe benefits of such legal assistants, or (ii) in any of the following circuit court districts in which the board of supervisors of one or more of the counties in a circuit court district adopts a resolution to pay all of the salaries, supplemental pay, expenses and fringe benefits of legal assistants authorized in such district pursuant to this subsection:
(a) First Circuit Court District............. two (2)
legal assistants.
(b) Second Circuit Court District............ two (2)
legal assistants.
(c) Third Circuit Court District............. two (2)
legal assistants.
(d) Fourth Circuit Court District............ two (2)
legal assistants.
(e) Fifth Circuit Court District............. two (2)
legal assistants.
(f) Sixth Circuit Court District............. two (2)
legal assistants.
(g) Seventh Circuit Court District........... two (2)
legal assistants.
(h) Eighth Circuit Court District............ two (2)
legal assistants.
(i) Ninth Circuit Court District............. two (2)
legal assistants.
(j) Tenth Circuit Court District............. two (2)
legal assistants.
(k) Eleventh Circuit Court District.......... two (2)
legal assistants.
(l) Twelfth Circuit Court District........... two (2)
legal assistants.
(m) Thirteenth Circuit Court District........ two (2)
legal assistants.
(n) Fourteenth Circuit Court District........ two (2)
legal assistants.
(o) Fifteenth Circuit Court District......... two (2)
legal assistants.
(p) Sixteenth Circuit Court District......... two (2)
legal assistants.
(q) Seventeenth Circuit Court District....... two (2)
legal assistants.
(r) Eighteenth Circuit Court District........ two (2)
legal assistants.
(s) Nineteenth Circuit Court District........ two (2)
legal assistants.
(t) Twentieth Circuit Court District......... two (2)
legal assistants.
(u) Twenty-first Circuit Court District...... two (2)
legal assistants.
(v) Twenty-second Circuit Court District..... two (2)
legal assistants.
(3) The board of supervisors of any county may pay all or a part of the salary, supplemental pay, expenses and fringe benefits of any district attorney or legal assistant authorized in the circuit court district to which such county belongs pursuant to this section.
SECTION 4. The Attorney General of the State of Mississippi shall submit Section 3 of 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 5. Sections 1 and 2 of this act shall take effect and be in force from and after its passage. The remainder of 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, or July 1, 2005, whichever is later.