MISSISSIPPI LEGISLATURE

2010 Regular Session

To: Judiciary, Division A

By: Senator(s) Baria

Senate Bill 2130

AN ACT TO PROVIDE THAT THE DISTRICT ATTORNEY AND SHERIFF OF A COUNTY IN WHICH A FELONY CRIME IS COMMITTED SHALL BE CONTACTED BY THE GOVERNOR, OR HIS DESIGNEE, WHEN THE GOVERNOR EXERCISES HIS POWER TO GRANT A PARDON FOR A PERSON CONVICTED OF SUCH FELONY CRIME; TO REQUIRE A PUBLIC HEARING AND ADVERTISEMENT THEREOF AT THE EXPENSE OF THE APPLICANT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  (1)  When the Governor exercises his power to grant a pardon for a person convicted of a felony crime, the Governor, or his designee, shall contact the district attorney and sheriff of the county in which the felony crime was committed to schedule a public hearing in that county regarding such pardon.

     The public hearing shall occur within the thirty-day period during which an applicant for pardon is required to publish a petition for pardon which sets forth the reasons why such pardon should be granted in the applicant's favor.

     (2)  Notice of the public hearing shall be published for at least five (5) consecutive days before the date of the public hearing in a newspaper published or having general circulation in the county in which the felony crime was committed at the expense of the applicant.  The cost of the publication shall be borne by the applicant.

     (3)  After the public hearing, the district attorney shall forthwith make a brief report of the matters discussed at the public hearing to the Governor.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2010.