Senate Bill 2288

AN ACT TO AMEND SECTION 25-7-47, MISSISSIPPI CODE OF 1972, TO REVISE THE WITNESS APPEARANCE FEE IN STATE COURT; TO REVISE MILEAGE PAID TO WITNESSES; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 25-7-47, Mississippi Code of 1972, is amended as follows:

25-7-47. Witnesses in the county, circuit and chancery courts shall receive a witness fee in the amount allowable to witnesses in the federal courts and the mileage reimbursement rate allowable to federal employees for the use of a privately-owned vehicle while on official travel for each mile going to and returning from the courthouse to their homes by the nearest route, and such tolls and ferriages as they may actually be obliged to pay; but mileage, toll and ferriage shall be charged but once at each term of court, and a charge shall not be made for mileage except that traveled in this state. Witnesses before a justice court judge shall be allowed the federal witness appearance fee per day and no more. Witnesses in all other cases shall receive the same compensation as they receive before the circuit court. It shall not be necessary to issue subpoenas for police officers as witnesses in city cases of cities having a population of more than ten thousand (10,000) according to the federal census of 1930; and such officers, when used as witnesses in such cases, are not to be allowed witness fees. A law enforcement officer who has retired or otherwise ceased employment as a law enforcement officer but who is required to testify in any case based on matters that arose during the course of the officer's employment shall be entitled to the same compensation and expenses from the former employing law enforcement agency as an officer on active duty under the same circumstances.

SECTION 2. This act shall take effect and be in force from and after July 1, 2006.