REPORT OF CONFERENCE COMMITTEE
MADAM PRESIDENT AND MR. SPEAKER:
We, the undersigned conferees, have had under consideration the amendments to the following entitled BILL:
S. B. No. 2608: Assistant district attorneys; revise number authorized.
We, therefore, respectfully submit the following report and recommendation:
1. That the House recede from its Amendment No. 1.
2. That the Senate and House adopt the following amendment:
Amend by striking all after the enacting clause and inserting in lieu thereof the following:
SECTION 1. 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........ five (5)
legal assistants.
(f) Sixth Circuit Court District........ two (2)
legal assistants.
(g) Seventh Circuit Court District...... eleven (11)
legal assistants.
(h) Eighth Circuit Court District..... three (3)
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...... four (4)
legal assistants.
(m) Thirteenth Circuit Court District... three (3)
legal assistants.
(n) Fourteenth Circuit Court District... four (4)
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.
(4) The district attorney of any circuit court district may employ additional legal assistants or criminal investigators, or both, without regard to any limitation on the number of legal assistants authorized in this section or criminal investigators authorized by other provisions of law to the extent that the district attorney's office receives federal funds which may be expended for those positions in an amount sufficient to pay all of the salary, supplemental pay, expenses and fringe benefits of the positions. Such funds shall be transferred by the district attorney to the Department of Finance and Administration, which shall disburse the funds to such employees in the same manner as state-funded criminal investigators and full-time legal assistants.
SECTION 2. Section 25-31-10, Mississippi Code of 1972, is amended as follows:
25-31-10. (1) Any district attorney may appoint a full-time criminal investigator.
(2) The district attorneys of the Third, Fifth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth and Twentieth Circuit Court Districts may appoint one (1) additional full-time criminal investigator for a total of two (2) full-time criminal investigators.
(3) The district attorneys of the First, Second, Fourth and Seventh and Nineteenth Circuit Court Districts may appoint two (2) additional full-time criminal investigators for a total of three (3) full-time criminal investigators.
(4) No district attorney or assistant district attorney shall accept any private employment, civil or criminal, in any matter investigated by such criminal investigators.
(5) The full and complete compensation for all public duties rendered by said criminal investigators shall be not more than Fifty-nine Thousand Five Hundred Dollars ($59,500.00) per annum, to be determined at the discretion of the district attorney based upon the qualifications, education and experience of the criminal investigator, plus necessary travel and other expenses, to be paid in accordance with Section 25-31-8. However, the maximum salary under this subsection for a criminal investigator who has a law degree may be supplemented by the district attorney from other available funds, but not to exceed the maximum salary for a legal assistant to a district attorney.
(6) Any criminal investigator may be designated by the district attorney to attend the Law Enforcement Officers Training Program set forth in Section 45-6-1 et seq., Mississippi Code of 1972. The total expenses associated with attendance by criminal investigators at the Law Enforcement Officers Training Program shall be paid out of the funds of the appropriate district attorney.
SECTION 3. This act shall take effect and be in force from and after July 1, 2007.
Further, amend by striking the title in its entirety and inserting in lieu thereof the following:
AN ACT TO AMEND SECTIONS 25-31-5 AND 25-31-10, MISSISSIPPI CODE OF 1972, TO REVISE THE NUMBER OF ASSISTANT DISTRICT ATTORNEYS AND CRIMINAL INVESTIGATORS AUTHORIZED FOR CERTAIN CIRCUIT COURT DISTRICTS; AND FOR RELATED PURPOSES.
CONFEREES FOR THE SENATE CONFEREES FOR THE HOUSE
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X (SIGNED) |
X (SIGNED) |
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Charlie Ross |
Edward Blackmon, Jr. |
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X (SIGNED) |
X (SIGNED) |
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Ralph H. Doxey |
Harvey Moss |
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X (SIGNED) |
X (SIGNED) |
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Jack Gordon |
Linda Coleman |
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