MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Judiciary B
By: Representative Arnold
AN ACT TO AMEND SECTIONS 17-13-9 AND 45-1-6, MISSISSIPPI CODE OF 1972, TO AUTHORIZE LAW ENFORCEMENT AGENCIES TO CREATE INTERLOCAL AGREEMENTS FOR LAW ENFORCEMENT PURPOSES; TO AUTHORIZE THE DIRECTOR OF THE MISSISSIPPI BUREAU OF INVESTIGATION TO ESTABLISH TASK FORCES FOR LAW ENFORCEMENT PURPOSES; TO AUTHORIZE SUCH TASK FORCES TO BE PART OF INTERLOCAL AGREEMENTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 17-13-9, Mississippi Code of 1972, is amended as follows:
17-13-9. (1) Any agreement made hereunder shall specify the following:
(a) Its duration.
(b) Its purpose or purposes.
(c) The precise organization, composition, nature and powers of any separate legal or administrative entity created thereby; the specific citation of statutory authority vested in each of the local governmental units which is to be a party to the agreement.
(d) The manner of financing, staffing and supplying the joint or cooperative undertaking and of establishing and maintaining a budget therefor; provided that the treasurer and/or disbursing officer of one (1) of the local governmental units shall be designated in the agreement to receive, disburse and account for all funds of the joint undertaking as a part of the duties of the officer or officers.
(e) The permissible method or methods to be employed in accomplishing the partial or complete termination or amendment of the agreement and for disposing of property upon such partial or complete termination or amendment.
(f) The provision for administration, through a joint board or other appropriate means, of the joint or cooperative undertaking in the event that the agreement does not or may not establish a separate legal entity to conduct the joint or cooperative undertaking. In the case of a joint board, all local governmental units party to the agreement shall be represented.
(g) The manner of acquiring, holding and disposing of real and personal property used in the joint or cooperative undertaking in the event that the agreement does not or may not establish a separate legal entity to conduct the joint or cooperative undertaking.
(h) Any other necessary and proper matters.
(2) Any municipality may enter into an agreement with a county under this chapter to provide that sales of property for the nonpayment of taxes levied or the nonpayment of special assessments as provided in Section 21-19-11 by such municipality shall be made by the county tax collector at the county courthouse in the same manner as provided by law for sales of like property for unpaid county taxes, and that redemptions of property sold for taxes or special assessments levied by such municipality shall be made through the chancery clerk of the county.
(3) Municipalities having as a common border a road or street may enter into an agreement pursuant to this chapter for the provision of police protection and law enforcement within the right-of-way of the street or roadway. An interlocal agreement undertaken pursuant to this subsection shall make the following provisions concerning violations occurring within the area subject to the agreement:
(a) Joint or several enforcement of all penal laws of the State of Mississippi which are misdemeanors made a violation of city ordinance by operation of the provisions of Section 21-13-19;
(b) Prosecution in the municipal court of the municipality employing the officer who made the arrest or issued the citation; jurisdiction shall lie in either municipality, and no charge filed in either municipal court shall be dismissed because of improper venue or lack of jurisdiction asserted solely on the grounds that the violation did not actually occur in the jurisdiction in which it is being prosecuted if the violation occurred in either jurisdiction; and
(c) Any actions reasonably necessary to provide police protection and law enforcement pursuant to the agreement.
(4) Two (2) or more law enforcement agencies in the state including any task force established pursuant to Section 45-1-6(11) may enter into an agreement pursuant to this chapter for law enforcement purposes within the jurisdictions of the law enforcement agencies. An interlocal agreement undertaken pursuant to this subsection shall make the following provisions concerning violations occurring within the area subject to the agreement:
(a) Joint or several enforcement of all criminal laws of the state;
(b) Prosecution in the appropriate court where an arrest is made. Jurisdiction shall lie in any jurisdiction which is part of the agreement and no charge shall be dismissed because of improper venue or lack of jurisdiction asserted solely on the grounds that the violation did not actually occur in the jurisdiction in which it is being prosecuted if the violation occurred in any jurisdiction which is part of the agreement; and
(c) Any actions reasonably necessary to provide police protection and law enforcement pursuant to the agreement.
SECTION 2. Section 45-1-6, Mississippi Code of 1972, is amended as follows:
45-1-6. (1) The Director of the Mississippi Bureau of Investigation is authorized to retain on a contractual basis such persons as he shall deem necessary to detect and apprehend violators of the criminal statutes of this state.
(2) Those persons contracting with the Director of the Mississippi Bureau of Investigation pursuant to subsection (1) shall be known and hereinafter referred to as "special contract agents."
(3) The investigative services provided for in this section shall be designed to support local law enforcement efforts.
(4) Special contract investigators shall have all powers necessary and incidental to the fulfillment of their contractual obligations, including the power of arrest when authorized by the Director of the Mississippi Bureau of Investigation.
(5) No person shall be a special contract investigator unless he is at least twenty-one (21) years of age.
(6) The Director of the Mississippi Bureau of Investigation shall conduct a background investigation of all potential special contract investigators. All contract agents must meet the minimum standard requirements established by the Board on Law Enforcement Officer Standards and Training.
(7) Any contract pursuant to subsection (1) shall be:
(a) Reduced to writing; and
(b) Terminable upon written notice by either party, and shall in any event terminate one (1) year from the date of signing; and
(c) Approved as to form by the Attorney General.
Such contracts shall not be public records and shall not be available for inspection under the provisions of a law providing for the inspection of public records as now or hereafter amended.
(8) Special contract investigators shall not be considered employees of the Mississippi Bureau of Investigation for any purpose.
(9) The Director of the Mississippi Bureau of Investigation shall have all powers necessary and incidental to the effective operation of this section.
(10) Notwithstanding any other provisions contained in this section, all contracts authorized under this section and related matters shall be made available to the Legislative Budget Office and the Department of Finance and Administration.
(11) The Director of the Mississippi Bureau of Investigation is authorized to establish task forces among the divisions throughout the state in order to investigate crimes and enforce the criminal laws of the state. A task force created pursuant to this subsection may be included in an interlocal agreement established pursuant to Section 17-13-9(4).
SECTION 3. This act shall take effect and be in force from and after July 1, 2014.