Senate Bill 2833

AN ACT TO CREATE SECTION 5-3-70, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR CIVIL ENFORCEMENT OF PEER COMMITTEE SUBPOENAS; TO AMEND SECTION 5-3-59, MISSISSIPPI CODE OF 1972, TO PROVIDE CRIMINAL PENALTIES FOR PERSONS WHO FAIL TO COMPLY WITH SUBPOENAS FROM THE PEER COMMITTEE; TO AMEND SECTIONS 5-1-23 AND 5-1-25, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THESE PROVISIONS ARE NOT APPLICABLE TO SUBPOENAS ISSUED BY THE PEER COMMITTEE; TO AMEND SECTION 5-1-35, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE SERGEANT-AT-ARMS OF THE MISSISSIPPI STATE SENATE SHALL SERVE SUBPOENAS ISSUED BY THE PEER COMMITTEE; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 5-3-70, Mississippi Code of 1972:

5-3-70. (1) (a) As an alternative to a criminal proceeding as provided in Section 53-3-59, in any instance wherein a witness fails to respond to the lawful subpoena of the PEER Committee at any time or, having responded, fails to answer all lawful inquiries or to turn over evidence that has been subpoenaed, the committee may seek judicial enforcement of the process as provided in paragraph (b) of this subsection.

(b) The chairman, in the name of the committee, may file a complaint before any chancery court of the state setting up such failure on the part of the witness. On the filing of such a complaint, the court shall take jurisdiction of the witness and the subject matter of the complaint and shall direct the witness to respond to all lawful questions and to produce all documentary evidence in the possession of the witness that is lawfully demanded. The failure of a witness to comply with the order of the court constitutes contempt of court and the court shall punish the witness as provided in Section 9-1-17.

(c) The PEER Committee may utilize the Office of the Attorney General to bring a civil enforcement action or may utilize contract counsel to commence an enforcement action authorized in this subsection.

(2) The provisions of this section are hereby declared to be supplemental to the powers of the Legislature and of the Senate and House of Representatives to punish for contempt, and the Legislature hereby reserves to itself and to the Senate and the House of Representatives all inherent and all constitutional powers to punish for contempt.

SECTION 2. Section 5-3-59, Mississippi Code of 1972, is amended as follows:

5-3-59. The committee, while in the discharge of official duties, shall have the following additional powers:

(a) To subpoena and examine witnesses; to require the appearance of any person and the production of any paper or document; to order the appearance of any person for the purpose of producing any paper or document; and to issue all process necessary to compel such appearance or production. When such process has been served, the committee may compel obedience thereto by the attachment of the person, papers or records subpoenaed; and if any person shall willfully refuse to appear before such committee or to produce any paper or record in obedience to any process issued by the committee and served on that person, he or she shall be guilty of contempt of the * * * committee, and shall be punished by a fine of not more than One Thousand Dollars ($1,000.00), by imprisonment in the county jail for not more than six (6) months, or both.

(b) To administer oaths to witnesses appearing before the committee when, by a majority vote, the committee deems the administration of an oath necessary and advisable as provided by law.

(c) To determine that a witness has perjured himself or herself by testifying falsely before the committee, and to institute penal proceedings as provided by law.

(2) (a) Whenever facts alleged to constitute contempt under paragraph (a) of subsection (1) arise, the chairman of the committee shall certify a statement to this effect to the Attorney General or to the appropriate county prosecuting attorney who shall institute and prosecute a criminal proceeding against the accused for contempt under the provisions of this section.

(b) Any offense defined in paragraph (a) of subsection (1) shall be deemed to have been committed in any of the following counties, and the trial for the offense may take place in any of such counties:

(i) In the county where the subpoena was issued;

(ii) In the county where the offender was served with the subpoena; or

(iii) In the county where the subpoena ordered the offender to give testimony or to produce papers or other evidence.

SECTION 3. Section 5-1-23, Mississippi Code of 1972, is amended as follows:

5-1-23. (1) If any witness neglects or refuses to obey a subpoena, or, appearing, refuses to testify, the senate or house may, by a resolution entered on its journal, commit him or her for contempt, the commitment not to extend beyond the final adjournment of the session; and any witness neglecting and refusing to attend in obedience to a subpoena may be arrested by the sergeant-at-arms and brought before the senate or house; and a copy of the resolution of the senate or house, signed by the presiding officer thereof, and attested by the secretary or clerk, shall be sufficient authority to authorize such arrest.

(2) The provisions of this section shall not apply to any subpoena or other process issued by the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) as provided for in Sections 1 and 2 of this act.

SECTION 4. Section 5-1-25, Mississippi Code of 1972, is amended as follows:

5-1-25. (1) A person sworn and examined as a witness before either house, without procurement or contrivance, on his or her part, shall not be held to answer criminally, or be subject to any penalty or forfeiture for any fact or act touching which he or she is required to testify; nor shall any statement made, or book, document, or paper produced by any such witness be competent evidence in any criminal proceeding against such witness other than for perjury in delivering his or her evidence; nor shall such witness refuse to testify to any fact or to produce any book, document, or paper touching which he or she is examined, on the ground that he or she thereby will criminate himself or herself, or that it will tend to disgrace him or her or render him or her infamous.

(2) The immunity conferred by subsection (1) of this section shall not apply to any person who testifies or produces any book, document, or paper required to comply with a subpoena of the Joint Legislative Committee on Performance Evaluation and Expenditure Review. The committee may, by a majority vote of the members of both houses, offer a person or persons such immunity.

SECTION 5. Section 5-1-35, Mississippi Code of 1972, is amended as follows:

5-1-35. (1) The Sergeant-at-Arms of the Senate shall give a general supervision, under the direction of the presiding officer. He or she shall attend the sittings thereof, preserve order, execute its commands and all process issued by its authority, and shall have control of the doorkeeper. He or she shall see that the hall of the senate and the committee rooms and the room of its presiding officer, the anterooms, lobbies and galleries thereof, are clean, comfortable and lighted at night during the sitting of the senate, and that all necessary conveniences are supplied to the members, officers and committees.

(2) The sergeant-at-arms shall upon request of the Joint Legislative Committee on Performance Evaluation and Expenditure Review serve any committee process provided for by this act.

SECTION 6. This act shall take effect and be in force from and after July 1, 2025.