House Bill 181

AN ACT TO PROVIDE THAT ANY ELECTED OR APPOINTED OFFICIAL THAT PARTICIPATED IN THE MALICIOUS PROSECUTION OF A PERSON SHALL BE HELD PERSONALLY LIABLE FOR ALL COSTS ASSOCIATED WITH THE PROSECUTION; TO PROVIDE OTHER PENALTIES FOR SUCH MALICIOUS PROSECUTION; TO REQUIRE THE GOVERNING AUTHORITIES OR AGENCY THAT EMPLOYED THE OFFICIAL TO ASSESS ALL COSTS OF THE PROSECUTION AND PROVIDE SUCH INFORMATION TO THE JUDGE WHO PRESIDED OVER THE CASE IN WHICH MALICIOUS PROSECUTION WAS FOUND; TO REQUIRE THE JUDGE TO ISSUE AN ORDER REQUIRING THE OFFICIAL WHO PARTICIPATED IN THE PROSECUTION TO PAY ALL COSTS; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) When "malicious prosecution" liability is found by a court of competent jurisdiction, any elected or appointed official that participated in the malicious prosecution shall: (a) be held personally liable for all costs associated with the prosecution, (b) disbarred from the practice of law, if applicable, (c) removed or terminated from employment with the governing authority or agency that employed the official when such official was committing or participating in the "malicious prosecution" and (d) prohibited from being paid retirement funds from any state or local retirement system until all assessed costs are paid to the governing authority or agency that expended monies and resources for the prosecution.

(2) (a) In any case in which "malicious prosecution" is found, the governing authority or agency that employed the official when the malicious prosecution was committed shall assess all costs associated with the prosecution and provide such information to the judge in which the "malicious prosecution" was found.

(b) The judge in which the "malicious prosecution" is found shall issue an order for the official to pay all costs provided by the governing authority or agency.

SECTION 2. This act shall take effect and be in force from and after July 1, 2023.