Adopted

AMENDMENT NO 1 PROPOSED TO

House Bill No.  564

BY: Senator(s) Tollison

     Amend by striking all after the enacting clause and inserting in lieu thereof the following:

 

     SECTION 1.  Section 41-29-537, Mississippi Code of 1972, which is a sunset provision for Sections 41-29-505 through 41-29-536, Mississippi Code of 1972, which constitute the authority to seek a wiretap in certain drug cases, is repealed.

     SECTION 2.  (1)  The Director of the Bureau of Investigation is authorized to retain on a contractual basis such persons as he shall deem necessary to detect and apprehend violators of the criminal statutes of this state.

     (2)  Those persons contracting with the Director of the Bureau of Investigation pursuant to subsection (1) shall be known and hereinafter referred to as "special contract agents."

     (3)  The investigative services provided for in this section shall be designed to support local law enforcement efforts.

     (4)  Special contract investigators shall have all powers necessary and incidental to the fulfillment of their contractual obligations, including the power of arrest when authorized by the Director of the Bureau of Investigation.

     (5)  No person shall be a special contract investigator unless he is at least twenty-one (21) years of age.

     (6)  The Director of the Bureau of Investigation shall conduct a background investigation of all potential special contract investigators.  All contract agents must meet the minimum standard requirements established by the Board on Law Enforcement Officer Standards and Training.

     (7)  Any contract pursuant to subsection (1) shall be:

          (a)  Reduced to writing; and

          (b)  Terminable upon written notice by either party, and shall in any event terminate one (1) year from the date of signing; and

          (c)  Approved as to form by the Attorney General.

     Such contracts shall not be public records and shall not be available for inspection under the provisions of a law providing for the inspection of public records as now or hereafter amended.

     (8)  Special contract investigators shall not be considered employees of the Bureau of Investigation for any purpose.

     (9)  The Director of the Bureau of Investigation shall have all powers necessary and incidental to the effective operation of this section.

     (10)  Notwithstanding any other provisions contained in this section, all contracts authorized under this section and related matters shall be made available to the Legislative Budget Office and the Department of Finance and Administration.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2006.

     Further, amend by striking the title in its entirety and inserting in lieu thereof the following:

 

     AN ACT TO REPEAL SECTION 41-29-537, MISSISSIPPI CODE OF 1972, WHICH IS A SUNSET PROVISION FOR SECTIONS 41-29-505 THROUGH 41-29-536, MISSISSIPPI CODE OF 1972, WHICH CONSTITUTE THE AUTHORITY TO SEEK A WIRETAP IN CERTAIN DRUG CASES; TO PROVIDE FOR THE HIRING OF SPECIAL CONTRACT AGENTS BY THE BUREAU OF INVESTIGATION OF THE DEPARTMENT OF PUBLIC SAFETY; AND FOR RELATED PURPOSES.