MISSISSIPPI LEGISLATURE

2017 Regular Session

To: Ways and Means

By: Representative Smith

House Bill 959

AN ACT TO AUTHORIZE THE COMMISSIONER OF REVENUE TO DESIGNATE AN ATTORNEY ON STAFF WITH THE DEPARTMENT OF REVENUE TO PROSECUTE CRIMINAL MATTERS AND CASES INVESTIGATED BY THE DEPARTMENT; TO AUTHORIZE THE COMMISSIONER TO REQUEST THE SERVICES OR ASSISTANCE OF ANY DISTRICT ATTORNEY OR THE ATTORNEY GENERAL IN AND ABOUT SUCH MATTERS OR SUITS; TO PROVIDE THAT THE DESIGNATED ATTORNEY SHALL HAVE THE SAME RIGHT AS THE DISTRICT ATTORNEY TO ENTER THE GRAND JURY ROOM WHILE THE GRAND JURY IS IN SESSION AND TO PERFORM SUCH SERVICES WITH REFERENCE TO THE WORK OF THE GRAND JURY AS THE DISTRICT ATTORNEY IS AUTHORIZED BY LAW TO PERFORM; AND FOR RELATED PURPOSES.

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

     SECTION 1.  (1)  The commissioner may designate an attorney on staff with the department to prosecute criminal matters and cases investigated by the department and may request the services or assistance of any district attorney or the Attorney General in and about such matters or suits.  The designated attorney shall have the same right as the district attorney to enter the grand jury room while the grand jury is in session and to perform such services with reference to the work of the grand jury as the district attorney is authorized by law to perform.

     (2)  This section shall not diminish the powers of local authorities or the Attorney General to investigate or prosecute any type of violation or other criminal conduct under their jurisdiction.

     SECTION 2.  Section 1 of this act shall be codified in Chapter 3, Title 27, Mississippi Code of 1972.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2017.