Senate Bill 2563

AN ACT TO CREATE THE MISSISSIPPI WITNESS PROTECTION PROGRAM STUDY COMMITTEE; TO SPECIFY THE MEMBERSHIP THEREOF; TO SET FORTH THE PURPOSE OF THE STUDY COMMITTEE; TO PROVIDE FOR THE ELECTION OF A CHAIRPERSON AND OTHER OFFICERS; TO PROVIDE FOR MEETINGS OF THE COMMITTEE; TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO PROVIDE ADMINISTRATIVE SUPPORT TO THE COMMITTEE; TO SET FORTH ADDITIONAL DUTIES AND POWERS OF THE COMMITTEE; TO REQUIRE STATE AND LOCAL GOVERNMENT AGENCIES TO ASSIST THE COMMITTEE; TO AUTHORIZE THE COMMITTEE TO ENLIST THE SERVICE OF OTHER AGENCIES, ASSOCIATIONS AND ORGANIZATIONS TO ASSIST THE COMMITTEE; TO AUTHORIZE THE COMMITTEE TO EMPLOY SUPPORT PERSONNEL; TO AUTHORIZE PER DIEM PAYMENT AND TRAVEL EXPENSES; TO AUTHORIZE EXPENDITURE OF APPROPRIATED FUNDS; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) The Mississippi Witness Protection Program Study Committee is hereby created. It shall consist of eight (8) members who are to be selected as follows:

(a) The Commissioner of Public Safety, who shall chair the study committee.

(b) One (1) circuit judge elected by the Conference of Circuit Judges.

(d) One (1) police chief elected by the Police Chiefs' Association.

(e) The President of the Mississippi Criminal Defense Lawyers Association shall appoint one (1) member from its membership.

(f) Two (2) prosecutors elected by the Prosecutors' Association, at least one (1) of whom is a District Attorney or employed by a District Attorney.

(g) The Chief Justice of the Supreme Court shall appoint one (1) Public Defender.

Appointments and vacancies on the study committee shall be filled by the respective selecting and appointing authorities.

(2) The purpose of the study committee shall be to make recommendations to the Legislature and the Supreme Court as to the need in Mississippi for a state-level Witness Protection Program, including obtaining statistical information with reference to cases in the various courts in Mississippi; conducting research relating to improvement of the administration of justice; the needs of law enforcement agencies in the State of Mississippi; and making a comprehensive study of the potential usefulness to the state of a Witness Protection Program. In addition, the study committee is charged with the examination of the operational needs, including budget, staffing, and the best placement administratively, of any future Witness Protection Program, and may make such policy recommendations as will promote the administration of justice.

(3) (a) The chairman shall set and give notice of the time, date and place of the initial meeting, at which time the study committee shall elect a vice chairperson from its members and any other officers which it considers necessary to carry out the purpose of the committee. The chair shall not vote unless necessary to break a tie vote of the committee. The committee may form any committees from its membership in order to assist the committee in accomplishing its purposes as provided in this act.

(b) The committee shall meet at least quarterly and at such other times as meetings may be called by the chair. A majority of the members shall constitute a quorum at any meeting. Any final action taken by the study committee shall require the affirmative vote of a majority.

(4) The Department of Public Safety shall provide such support of the Mississippi Witness Protection Program Study Committee as is necessary to accomplish the purposes of this act, including, but not limited to, research and clerical assistance.

(5) (a) In addition to the other duties specified, the committee shall file a report with the Legislature not later than December 15, 2007. The document shall report on the need, if any, for a state-level Witness Protection Program. The report shall also make specific recommendations for structure of any future Witness Protection Program as well as a projected cost for the program over the first five (5) years of operation, setting forth start-up costs separately from operating costs.

(b) The committee is authorized and empowered for the accomplishment of its purposes to undertake any studies, reviews, inquiries, hearings, examinations, surveys or analyses as it may deem pertinent, relevant and justified. The committee shall propose and prepare in detailed form for the consideration of the Legislature such amendments to existing law, such statutes, and such constitutional amendments as in the judgment of the committee will facilitate the operation of the Witness Protection Program and promote the administration of justice.

(6) The committee is authorized to call upon any and all existing courts, agencies, departments, divisions, officers, employees, boards, bureaus, commissions and institutions of the State of Mississippi, or any political subdivision thereof, to furnish such information, data and assistance as will enable it to carry out its powers and duties hereunder and all such agencies, departments, divisions, officers, employees, boards, bureaus, commissions and institutions of the State of Mississippi and its political subdivisions are hereby directed to cooperate with the committee and render such information, data, aid and assistance as may be requested by the committee.

(7) The committee shall have the power to enlist the services of any agency, either public or private, or any individual or educational institution, bar association, research organization, foundation or educational or civic organization for assistance in accomplishing the purposes of this act, conducting research studies, gathering information or printing and publishing its reports. The committee is authorized to make and sign any agreements or contracts to do or perform any actions that may be necessary, desirable or proper to carry out the purposes and objectives of this act.

(8) The committee may employ any agents, clerks, researchers, counsel, consultants and other personnel necessary for the performance of the duties of the study committee and fix their respective rates of compensation, all subject to the approval of the State Personnel Board and within the amounts made available by appropriation therefor or received from other sources.

(9) Members of the committee shall receive a per diem as provided in Section 25-3-69 for actual attendance upon meetings of the study committee, together with reimbursement for traveling and subsistence expenses incurred as provided in Section 25-3-41, Mississippi Code of 1972, except that members of the study committee whose regular compensation is payable by the state or any political subdivision of the state shall not receive per diem for attendance upon meetings of the study committee.

(10) The committee is authorized and empowered to receive and expend any funds appropriated to it by the Legislature and any funds received by it from any other source in carrying out the objectives and purposes of this act.

SECTION 2. This act shall take effect and be in force from and after its passage.