MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Judiciary A
By: Representative Baker
AN ACT TO AMEND SECTION 5-1-25, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY PERSON SWORN AND EXAMINED AS A WITNESS BEFORE EITHER HOUSE MAY BE HELD TO ANSWER CRIMINALLY AND BE SUBJECT TO PENALTIES AND FORFEITURE FOR ANY FACT, ACT OR PRODUCTION OF DOCUMENTS OR ITEMS TOUCHING UPON HIS TESTIMONY OR ANY STATEMENT MADE TO EITHER HOUSE; TO AUTHORIZE ANY WITNESS TO INVOKE HIS RIGHT NOT TO ANSWER OR PRODUCE DOCUMENT ON THE GROUND OF INCRIMINATION; TO AMEND SECTION 5-1-23, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 5-1-25, Mississippi Code of 1972, is amended as follows:
5-1-25. * * *
Any person
sworn and examined as a witness before either house may be held to answer
criminally and be subject to penalties and forfeiture for any fact or act
touching upon his testimony and any statement made, or any document or thing
produced by any such witness may be competent evidence in any criminal
proceeding against such witness. Any such witness may invoke his right not to
answer or to produce documents or any other item on the ground that he may
incriminate himself.
SECTION 2. Section 5-1-23, Mississippi Code of 1972, is amended as follows:
5-1-23. If any witness
neglects or refuses to obey a subpoena, * * * the senate
or house may, by a resolution entered on its journal, commit him for contempt,
the commitment not to extend beyond the final adjournment of the session; and
any witness neglecting and refusing to attend in obedience to a subpoena may be
arrested by the sergeant-at-arms and brought before the senate or house; and a
copy of the resolution of the senate or house, signed by the presiding officer
thereof, and attested by the secretary or clerk, shall be sufficient authority
to authorize such arrest.
SECTION 3. This act shall take effect and be in force from and after July 1, 2016.