MISSISSIPPI LEGISLATURE

2023 Regular Session

To: Judiciary, Division A

By: Senator(s) Hickman, Simmons (12th)

Senate Bill 2199

(COMMITTEE SUBSTITUTE)

AN ACT TO AMEND SECTION 19-23-13, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT A COUNTY PROSECUTING ATTORNEY MAY DEFEND ANY PERSON IN ANY CRIMINAL PROSECUTION NOT WITHIN THE COUNTY IN WHICH HE OR SHE IS THE COUNTY 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 in which he or she is the county prosecuting attorney.

     SECTION 2.  This act shall take effect and be in force from and after its passage.