Senate Bill 2195

AN ACT TO AUTHORIZE ISSUANCE OF ADMINISTRATIVE SUBPOENAS BY THE DIRECTOR OF THE BUREAU OF NARCOTICS OR HIS DESIGNEE; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) In any investigation relating to violations of the Uniform Controlled Substance Law, the director of the Mississippi Bureau of Narcotics may subpoena witnesses, compel the attendance and testimony of witnesses, and require the production of any records, including books, papers, documents, and other tangible things which constitute or contain evidence, that the director finds relevant or material to the investigation. The attendance of witnesses and the production of records may be required from any place in the state, except that a witness shall not be required to appear at any hearing more than one hundred (100) miles distant from the place where he was served with a subpoena. Witnesses summoned under this section shall be paid the same fees and mileage specified in Section 25-7-47.

(2) A subpoena issued under this section may be served by any person designated in the subpoena to serve it. Service upon a natural person may be made by personal delivery of the subpoena to him. Service may be made upon a domestic or foreign corporation or upon a partnership or other unincorporated association which is subject to suit under a common name by delivering the subpoena to an officer, to a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process. The affidavit of the person serving the subpoena entered on a true copy thereof by the person serving it shall be proof of service.

(3) In the case of contumacy by or refusal to obey a subpoena issued to any person, the director, through counsel, may invoke the aid of the circuit court of the district in which the investigation is carried on or of which the subpoenaed person is an inhabitant, in which he carries on business, or in which he may be found to compel compliance with the subpoena. The court may issue an order requiring the subpoenaed person to appear before the director or his designee to produce records, if so ordered, or to give testimony touching the matter under investigation. Any failure to obey the order of the court may be punished by the court as contempt thereof. All process in any such case may be served where such person may be found.

(4) The director or his designee shall implement a procedure whereby a listing of all subpoenas issued is recorded to include a date and time the subpoena was served, upon whom served, and a list of all documents produced pursuant to the subpoena. Further, the legal department of the Mississippi Bureau of Narcotics shall be required to maintain a complete copy of all subpoenas issued and all documents produced pursuant to such subpoena. Further, the director or his designee shall implement the procedures to insure the proper safeguarding of subpoenas and produced documents for a period of three (3) years.

(5) A subpoena in substantially the following form shall be considered sufficient to satisfy the provisions of this section:

IN THE MATTER OF THE ADMINISTRATIVE SUBPOENA REQUIRING PRODUCTION FOR INSPECTION AND COPYING OF BUSINESS RECORDS AND OTHER DOCUMENTS RELEVANT TO THE INVESTIGATION OF A FELONY VIOLATION OF THE UNIFORM CONTROLLED SUBSTANCE LAW

ADMINISTRATIVE SUBPOENA

TO:_____________________________________

You are required to produce true and correct copies of all ______________________________, pursuant to Section 1 of Senate Bill No. 2195, 2011 Regular Session.

You may comply with this subpoena by mailing such records to ________, Senior Attorney, Mississippi Bureau of Narcotics, P.O. Box 720519, Jackson, Mississippi 39272, without the necessity of being deposed in the above action on behalf of the Mississippi Bureau of Narcotics.

FAIL NOT TO COMPLY UNDER PENALTY OF LAW.

ISSUED THIS THE ____ DAY OF ______, 20__.

________________________________

MISSISSIPPI BUREAU OF NARCOTICS,

DIRECTOR

SECTION 2. This act shall take effect and be in force from and after July 1, 2011.