MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Judiciary, Division A
By: Senator(s) Hickman, Simmons (12th)
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 * * * 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.