MISSISSIPPI LEGISLATURE

2018 Regular Session

To: Judiciary A

By: Representatives Roberson, Bailey, Baria, Burnett, Clark, Dixon, Gipson, Jackson, McNeal, Sanford, Touchstone, White

House Bill 1023

AN ACT TO AMEND SECTION 19-23-13, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A COUNTY PROSECUTING ATTORNEY TO REPRESENT DEFENDANTS OUTSIDE OF THE COUNTY OF THE PROSECUTING ATTORNEY; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 19-23-13, Mississippi Code of 1972, is amended as follows:

     19-23-13.  The county prosecuting attorney shall not represent or defend any person in any criminal prosecution in the name of the state, county or municipality of the county, nor shall he or she give any advice against the state, his or her county or in a criminal case against a municipality of his or her county, and shall not represent any person in any case against the state, his or her county, or in a criminal case arising in a municipal court of his or her county.  Nothing herein shall prohibit any county prosecuting attorney from defending any person in any criminal prosecution * * *in any county not within the circuit court district of such county prosecuting attorney outside the county prosecuting attorney's county.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2018.