Senate Bill 2740

AN ACT TO CREATE NEW SECTION 97-9-81, MISSISSIPPI CODE OF 1972, TO CREATE THE MISDEMEANOR OFFENSE OF MALICIOUS PROSECUTION BY A LAW ENFORCEMENT OFFICER; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 97-9-81, Mississippi Code of 1972:

97-9-81. (1) For the purposes of this section, "law enforcement officer" has the meaning ascribed in Section 45-6-3, includes both full-time and part-time law enforcement officers, and also includes any law enforcement officer listed in Section 97-37-7(2).

(2) Any law enforcement officer who, under color of authority, shall arrest a person or issue a citation alleging violation of a local ordinance or statute that does not exist, or who shall make or cause to be made any false statement or representation as to the law of this state in order to mislead the victim, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than Five Thousand Dollars ($5,000.00) or imprisoned for a term not to exceed one (1) year, or both.

(3) In deciding the officer's punishment, the court may consider any or all of the following, which are not elements of the offense:

(a) Whether the defendant began or continued a criminal legal proceeding against the victim;

(b) Whether the defendant had reasonable grounds to believe the allegations of the proceeding;

(d) Whether the defendant acted with malice;

(e) Whether the victim was acquitted or found not guilty of the offense for which the defendant charged, cited, arrested or otherwise prosecuted the victim; and

(f) Any damage the victim suffered by means of the defendant's false claim.

SECTION 2. This act shall take effect and be in force from and after July 1, 2020.