2018 Regular Session
To: Judiciary B
By: Representatives Bomgar, Sykes
AN ACT TO CREATE THE CELL SITE SIMULATOR AND LICENSE PLATE READER TASK FORCE ACT; TO CREATE AND TO PROVIDE FOR THE MEMBERSHIP OF THE TASK FORCE; TO PROVIDE THE DUTIES OF THE TASK FORCE; TO PROVIDE STAFF TO ASSIST THE TASK FORCE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Cell Site Simulator and License Plate Reader Task Force Act."
SECTION 2. (1) There is created the Cell Site Simulator and License Plate Reader Task Force to address the use of cell site simulators and license plate readers by state and local law enforcement. The task force shall be composed of the following thirteen (13) members:
(a) The Chairman of the Judiciary "A" Committee of the House of Representatives, or a designee. Any person designated to serve in the absence of the chairman shall be appointed in writing, and no other person may serve as a designee;
(b) The Chairman of the Judiciary "A" Committee of the Senate, or a designee. Any person designated to serve in the absence of the chairman shall be appointed in writing, and no other person may serve as a designee;
(c) The Chairman of the Judiciary "B" Committee of the House of Representatives, or a designee. Any person designated to serve in the absence of the chairman shall be appointed in writing, and no other person may serve as a designee;
(d) The Chairman of the Judiciary "B" Committee of the Senate, or a designee. Any person designated to serve in the absence of the chairman shall be appointed in writing, and no other person may serve as a designee;
(e) The President of the Mississippi Prosecutors Association;
(f) The President of the Mississippi Sheriffs' Association;
(g) The President of the Mississippi Association of Chiefs of Police;
(h) The State Defender of the Office of State Public Defender;
(i) The Director of the Mississippi Justice Institute at the Mississippi Center for Public Policy;
(j) The Director/Managing Attorney of the Mississippi Office of the Southern Poverty Law Center;
(k) The Director of the Mississippi Bureau of Narcotics;
(l) The Chief Justice of the Supreme Court of Mississippi, or a designee. Any person designated to serve in the absence of the Chief Justice shall be appointed in writing, and no other person may serve as a designee; and
(m) The Mississippi Attorney General, or a designee. Any person designated to serve in the absence of the Attorney General shall be appointed in writing, and no other person may serve as a designee.
(2) The task force shall conduct its first meeting no later than June 15, 2018. At its first meeting, the task force shall elect a chairman and a vice chairman from its membership and shall adopt rules for transacting its business and keeping records. The Chief Justice of the Mississippi Supreme Court, or his designee, shall preside at the first meeting until such chairman is elected. Members shall serve without additional compensation for participation in the task force.
(3) The duties of the task force shall be to review all rules, regulations and procedures used by state and local law enforcement regarding cell site simulators and license plate readers.
(4) The task force shall collect and review information involving the use of cell site simulators and license plate readers by state or local law enforcement agencies under state law, or the use of such as part of a collaboration with the federal government under federal law. The task force shall determine the specific information needed and shall make its request to each law enforcement agency and/or administrative office of court no later than August 15, 2018. Each law enforcement agency and administrative office of court shall cooperate fully with the task force, and shall compile and furnish the information no later than thirty (30) days from the date of request. The task force shall report to the Chairman of the Senate and House Judiciary "A" and "B" Committees any agency or administrative office that does not fully comply with the request.
(5) The task force shall report its findings and recommendations by December 1, 2018, and make them available to the Governor, Lieutenant Governor, Speaker of the House of Representatives, the Chairman of the Judiciary "A" and Judiciary "B" Committees of the House and Senate. Additional reports may be made by the task force.
(6) The Joint Committee on Performance Evaluation and Expenditure Review shall make available a copy of the task force's report, findings and recommendations on its public website by December 31, 2018.
(7) The Joint Committee on Performance Evaluation and Expenditure Review shall provide staff to assist the task force in carrying out its duties required by this section.
(8) This section shall stand repealed on June 30, 2019.
SECTION 3. This act shall take effect and be in force from and after its passage.