MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Judiciary B
By: Representative Dixon
AN ACT TO MAKE IT UNLAWFUL FOR ANY LAW ENFORCEMENT OFFICER, OFFICER OF THE COURT OR LICENSED LEGAL PROFESSIONAL EMPLOYED BY THE STATE TO COMMIT ANY ILLEGAL ACT OR ACTS OF PROFESSIONAL INDISCRETION OR MORAL TURPITUDE WHILE IN THE PERFORMANCE OF HIS OR HER OFFICIAL DUTIES; TO REQUIRE AN INDEPENDENT INVESTIGATION OF VIOLATIONS REPORTED IN GOOD FAITH; TO PROVIDE THE PENALTIES FOR THOSE INDIVIDUALS FOUND GUILTY OF VIOLATING THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) It shall be unlawful for any law enforcement officer, officer of the court or licensed legal professional employed by the state or its political subdivisions to commit any illegal act or acts of professional indiscretion or moral turpitude while in the performance of his or her official duties within the scope of his or her employment. Such illegal act or acts of professional indiscretion or moral turpitude shall include, but not be limited to:
(a) Falsifying evidence;
(b) Altering court transcripts, witness statements or police reports;
(c) Destroying evidence under the provisions of Section 99-9-125 or 99-49-1;
(d) Failing to perform due diligence in conducting criminal investigations which may lead to the discovery of relevant evidence;
(e) Obstructing justice under Section 97-9-101 et seq.;
(f) Staging crime scenes; and
(g) Tampering with an impaneled jury under Section 97-9-123.
(2) Upon the reporting of a violation under the provisions of subsection (1) made in good faith, the individual against whom the report is made shall be placed on administrative leave until an independent investigation has been conducted and completed by the governing authority which administers the rules and regulations pertaining to the agency for which the individual works, except that all investigations of law enforcement officers shall be conducted by the Mississippi Bureau of Investigation.
(3) Upon a finding of wrongdoing by the investigating agency, any individual found in violation of this section shall be guilty of a felony and, upon conviction, shall be sentenced in accordance with Section 99-9-129, in addition to having imposed the maximum penalty for the crime which gives rise to cause of the offense for which the individual being investigated acted illegally.
SECTION 2. This act shall take effect and be in force from and after July 1, 2014.