MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Judiciary A
By: Representatives Baker, Morgan
AN ACT TO AMEND SECTION 99-19-77, MISSISSIPPI CODE OF 1972, TO INCLUDE THE MISSISSIPPI DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS TO THE LIST OF STATE AGENCY DIVISIONS FOR WHICH THE COURT MAY IMPOSE AN ASSESSMENT AGAINST DEFENDANTS CONVICTED OF A FELONY INVESTIGATED BY SUCH AGENCY; TO REQUIRE ASSESSMENTS COLLECTED BY THE AUTHORITY GRANTED BY THIS ACT TO BE DEPOSITED INTO THE FISHERIES AND WILDLIFE FUND; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 99-19-77, Mississippi Code of 1972, is amended as follows:
99-19-77. In addition to any criminal penalties or fines, the court may impose an assessment against a defendant convicted of a felony violation investigated by the Office of the Attorney General, the district attorneys, sheriffs, the Mississippi Bureau of Investigation, Mississippi Bureau of Narcotics, the Mississippi Department of Wildlife, Fisheries and Parks and municipal police departments which may cover all reasonable costs of the investigation. Costs are to be paid to the appropriate governmental entity incurring the particular item of cost and include, but are not limited to, the cost of investigators, service of process, court reporters, expert witnesses and attorney's fees, and transportation costs expended by the governmental entity in the investigation of such case, and must be used to augment the governmental entity's existing budget and not to supplant it.
SECTION 2. For any investigation of a violation or violations of Mississippi Code Annotated Section 49-7-58.4, initiated by the Department of Wildlife, Fisheries and Parks, the commission may assess an administrative penalty against any enclosure owner or operator who violates any regulations promulgated under Section 49-7-58.4, or any other section regarding enclosures which prevent the free ingress and egress of wild animals, pursuant to the authority set forth in Mississippi Code Annotated Section 99-19-77. Such penalties shall be calculated to offset the department's administrative costs of conducting an investigation into violations and may include, but shall not be limited to: costs of DNA testing, costs of disease testing, man-hours of collecting biological samples, man-hours of collecting documentary evidence, fuel costs, costs of sanitary disposal of biological samples, and any other reasonable costs associated with the investigation of violations allegedly committed by the subject enclosure operator or owner. Such administrative penalty shall be a civil penalty which may be assessed by the commission subject to a commission order, in the event no criminal prosecution is pursued. The administrative penalties provided for herein may also be submitted to the court hearing the criminal prosecution, if any, and included in any final judgment therein. The department may submit any commission order for administrative civil penalties to a court of competent jurisdiction for enforcement against an enclosure operator or owner in the event the operator or owner does not comply with the commission order.
Proceeds of any administrative penalty assessed hereunder shall be deposited into the Fisheries and Wildlife Fund in the State Treasury and any funds remaining therein at the end of the fiscal year shall not lapse into the General Fund, but shall carryover into the successive fiscal years. Interest or investment income earned on any funds therein shall be deposited into the fund.
SECTION 3. This act shall take effect and be in force from and after July 1, 2014.