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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Summers

HOUSE BILL NO. 1010

AN ACT TO REQUIRE ANY PERSON EXECUTING A WARRANT AT A 1
RESIDENCE, HOME, APARTMENT, ROOM, BUILDING OR PREMISES OR ANY 2
OTHER DWELLING PLACE UNDER THE LAWS OF THIS STATE TO GIVE 3
APPROPRIATE NOTICE OF THE IDENTITY, AUTHORITY AND PURPOSE OF THE 4
OFFICER TO THE PERSON TO BE SEARCHED OR ARRESTED BEFORE ENTERING 5
SUCH, OR TO THE PERSON IN APPARENT CONTROL OF THE PREMISES TO BE 6
SEARCHED; TO REQUIRE THE EXECUTING OFFICER TO READ AND GIVE A COPY 7
OF THE WARRANT TO THE PERSON TO BE SEARCHED OR ARRESTED, OR TO THE 8
PERSON IN APPARENT CONTROL OF THE PREMISES TO BE SEARCHED; TO 9
REQUIRE ALL WARRANTS TO BE EXECUTED WITHIN THE PERIOD AND AT THE 10
TIMES AUTHORIZED BY THE WARRANT; TO LIMIT THE ISSUANCE OF NO-KNOCK 11
WARRANTS TO THE COUNTY COURT OR COUNTY JUDGE IN VACATION, CHANCERY 12
COURT OR BY THE CHANCELLOR IN VACATION, BY THE CIRCUIT COURT OR 13
CIRCUIT JUDGE IN VACATION, OR BY A JUSTICE OF THE MISSISSIPPI 14
SUPREME COURT; TO AMEND SECTION 41-29-157, MISSISSIPPI CODE OF 15
1972, TO REMOVE THE REPEALED PROVISIONS REGARDING NO-KNOCK 16
WARRANTS; TO AMEND SECTIONS 99-3-1 AND 99-3-7, MISSISSIPPI CODE OF 17
1972, WHICH GOVERN WARRANTLESS ARRESTS FOR DOMESTIC VIOLENCE, TO 18
CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTIONS 7-1-21, 19
7-5-67 AND 7-7-211, MISSISSIPPI CODE OF 1972, WHICH REGULATE THE 20
POWERS AND DUTIES OF INVESTIGATORS, TO CONFORM TO THE PRECEDING 21
SECTIONS; TO AMEND SECTION 9-9-23, MISSISSIPPI CODE OF 1972, WHICH 22
PROVIDES THE POWERS OF THE COUNTY JUDGE, TO CONFORM TO THE 23
PRECEDING SECTION; TO AMEND SECTION 21-23-7, MISSISSIPPI CODE OF 24
1972, WHICH REGULATES OPERATIONS OF THE MUNICIPAL COURT, TO 25
CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTION 27-69-59, 26
MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES THE DEPARTMENT OF 27
REVENUE COMMISSIONER TO REQUEST ISSUANCE OF WARRANTS, TO CONFORM 28
TO THE PRECEDING SECTIONS; TO AMEND SECTIONS 41-29-153, 41-29-159 29
AND 41-29-161, MISSISSIPPI CODE OF 1972, WHICH REGULATE ARRESTS 30
SUBJECT TO VIOLATIONS OF THE UNIFORM CONTROLLED SUBSTANCES 31
PROVISIONS, TO CONFORM TO THE PRECEDING SECTIONS; TO AMEND 32
SECTIONS 43-13-221 AND 43-13-229, MISSISSIPPI CODE OF 1972, WHICH 33
REGULATE THE MEDICAID FRAUD CONTROL UNIT, TO CONFORM TO THE 34
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PRECEDING SECTIONS; TO AMEND SECTION 45-11-1, MISSISSIPPI CODE OF 35
1972, WHICH REGULATES THE STATE CHIEF DEPUTY FIRE MARSHAL AND 36
DEPUTY STATE FIRE MARSHALS, TO CONFORM TO THE PRECEDING SECTIONS; 37
TO AMEND SECTION 47-5-28, MISSISSIPPI CODE OF 1972, WHICH PROVIDES 38
FOR THE POWERS OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, TO 39
CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTIONS 49-1-43 AND 40
49-15-21, MISSISSIPPI CODE OF 1972, WHICH REGULATE THE AUTHORITY 41
OF CONSERVATION OFFICERS' AUTHORITY TO ARREST, TO CONFORM TO THE 42
PRECEDING SECTIONS; TO AMEND SECTION 67-1-17, MISSISSIPPI CODE OF 43
1972, WHICH REGULATES SEARCH AND ARREST FOR VIOLATION OF ALCOHOL 44
PROVISIONS, TO CONFORM TO THE PRECEDING SECTION; TO AMEND SECTION 45
69-29-1, MISSISSIPPI CODE OF 1972, WHICH ESTABLISHES THE LIVESTOCK 46
THEFT BUREAU, TO CONFORM TO THE PRECEDING SECTIONS; TO AMEND 47
SECTION 93-29-17, MISSISSIPPI CODE OF 1972, WHICH REGULATES 48
ARRESTS DUE TO LIVESTOCK THEFT, TO CONFORM TO THE PRECEDING 49
SECTIONS; TO AMEND SECTIONS 97-3-54.7 AND 97-17-4, MISSISSIPPI 50
CODE OF 1972, WHICH REGULATE ARRESTS RELATED TO SEIZURE OF 51
PROPERTY, TO CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTION 52
97-21-101, MISSISSIPPI CODE OF 1972, WHICH REGULATES TRADEMARK 53
VIOLATIONS, TO CONFORM TO THE PRECEDING SECTIONS; TO AMEND 54
SECTIONS 97-37-23, 97-43-9 AND 99-3-2, MISSISSIPPI CODE OF 1972, 55
WHICH REGULATE SEARCH AND SEIZURE PROVISIONS, TO CONFORM TO THE 56
PRECEDING SECTION; TO AMEND SECTION 99-15-11, MISSISSIPPI CODE OF 57
1972, WHICH REGULATES CERTAIN SEARCH WARRANTS, TO CONFORM TO THE 58
PRECEDING SECTIONS; TO AMEND SECTIONS 99-27-15 AND 99-27-21, 59
MISSISSIPPI CODE OF 1972, WHICH REGULATE THE FORM OF CERTAIN 60
WARRANTS, TO CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTION 61
11-43-25, MISSISSIPPI CODE OF 1972, WHICH REGULATES UNLAWFUL 62
DETAINMENT, TO CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTION 63
19-25-11, MISSISSIPPI CODE OF 1972, WHICH REGULATES A SHERIFF'S 64
AUTHORITY TO ARREST, TO CONFORM TO THE PRECEDING SECTIONS; TO 65
AMEND SECTION 23-15-941, MISSISSIPPI CODE OF 1972, WHICH REGULATES 66
VIOLATIONS AND ARRESTS SUBJECT TO THE ELECTION PROVISIONS, TO 67
CONFORM TO THE PRECEDING SECTION; TO AMEND SECTIONS 27-7-79, 68
27-13-65, 27-19-133, 27-19-135 AND 27-19-136, MISSISSIPPI CODE OF 69
1972, WHICH REGULATE ARRESTS RELATED TO CERTAIN LIENS, TO CONFORM 70
TO THE PRECEDING SECTIONS; TO AMEND SECTIONS 27-65-91, 33-13-21, 71
33-13-321, 33-13-615 AND 33-13-623, MISSISSIPPI CODE OF 1972, 72
WHICH REGULATE ARRESTS BY SPECIAL AGENTS AND MILITARY COURTS, TO 73
CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTION 33-15-41, 74
MISSISSIPPI CODE OF 1972, WHICH REGULATES CERTAIN WARRANTLESS 75
ARRESTS, TO CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTION 76
41-21-93, MISSISSIPPI CODE OF 1972, WHICH REGULATES THE ARRESTS OF 77
CERTAIN PATIENTS, TO CONFORM TO THE PRECEDING SECTIONS; TO AMEND 78
SECTION 43-21-301, MISSISSIPPI CODE OF 1972, WHICH REGULATES CHILD 79
CUSTODY ORDERS, TO CONFORM TO THE PRECEDING SECTIONS; TO AMEND 80
SECTIONS 45-3-21 AND 45-27-9, MISSISSIPPI CODE OF 1972, WHICH 81
REGULATE CERTAIN CRIMES AGAINST CHILDREN, TO CONFORM TO THE 82
PRECEDING SECTIONS; TO AMEND SECTIONS 45-33-33 AND 45-33-63, 83
MISSISSIPPI CODE OF 1972, WHICH REGULATE SEX OFFENDERS, TO CONFORM 84
TO THE PRECEDING SECTIONS; TO AMEND SECTION 47-7-27, MISSISSIPPI 85
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CODE OF 1972, WHICH REGULATES PROCEDURES FOR PAROLE REVOCATION; TO 86
AMEND SECTIONS 49-5-47 AND 49-5-115, MISSISSIPPI CODE OF 1972, 87
WHICH REGULATE CORPORATE CRIMES, TO CONFORM TO THE PRECEDING 88
SECTIONS; TO AMEND SECTION 49-15-45, MISSISSIPPI CODE OF 1972, 89
WHICH REGULATES OYSTER LAW ENFORCEMENT, TO CONFORM TO THE 90
PRECEDING SECTIONS; TO AMEND SECTION 51-9-175, MISSISSIPPI CODE OF 91
1972, WHICH REGULATES THE AUTHORITY OF THE PEARL RIVER VALLEY 92
WATER SUPPLY DISTRICT, TO CONFORM TO THE PRECEDING SECTIONS; TO 93
AMEND SECTION 59-21-127, MISSISSIPPI CODE OF 1972, WHICH REGULATES 94
THE BOAT AND WATER SAFETY ENFORCEMENT OFFICERS, TO CONFORM TO THE 95
PRECEDING SECTIONS; TO AMEND SECTIONS 63-9-23, 63-17-5 AND 96
65-1-131, MISSISSIPPI CODE OF 1972, WHICH REGULATE CERTAIN 97
VIOLATIONS OF THE TRANSPORTATION PROVISIONS, TO CONFORM TO THE 98
PRECEDING SECTIONS; TO AMEND SECTION 67-1-31, MISSISSIPPI CODE OF 99
1972, WHICH REGULATES VIOLATIONS OF ALCOHOLIC BEVERAGES 100
PROVISIONS, TO CONFORM TO THE PRECEDING SECTIONS; TO AMEND 101
SECTIONS 77-7-335 AND 77-9-505, MISSISSIPPI CODE OF 1972, WHICH 102
REGULATE ENFORCEMENT BY PUBLIC UTILITIES AND RAILROAD OFFICERS, TO 103
CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTION 93-9-31, 104
MISSISSIPPI CODE OF 1972, WHICH REGULATES PATERNITY, TO CONFORM TO 105
THE PRECEDING SECTIONS; TO AMEND SECTIONS 97-19-75 AND 97-19-79, 106
MISSISSIPPI CODE OF 1972, WHICH REGULATE RESTITUTION CENTERS, TO 107
CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTIONS 99-3-18, 108
99-3-19, 99-3-21 AND 99-3-28, MISSISSIPPI CODE OF 1972, WHICH 109
REGULATE ARRESTS INCIDENT TO VARIOUS CRIMES, TO CONFORM TO THE 110
PRECEDING SECTIONS; TO AMEND SECTIONS 99-20-17, 99-21-1, 99-33-3 111
AND 99-37-7, MISSISSIPPI CODE OF 1972, WHICH PROVIDE ARREST FOR 112
CERTAIN DEFAULTS AND CONTEMPT, TO CONFORM TO THE PRECEDING 113
SECTIONS; AND FOR RELATED PURPOSES. 114
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 115
SECTION 1. (1) When executing any warrant in or at a 116
residence, home, apartment, room, building or premises or any 117
other dwelling place under the laws of this state, the executing 118
officer shall, before entering the premises, give appropriate 119
notice of the identity, authority and purpose of the officer to 120
the person to be searched or arrested, or to the person in 121
apparent control of the premises to be searched. 122
(2) The executing officer shall read and give a copy of the 123
warrant to the person to be searched or arrested, or to the person 124
in apparent control of the premises to be searched. If the 125
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premises are unoccupied or there is no one in apparent control, 126
the officer shall leave a copy of the warrant suitably affixed to 127
the premises. 128
(3) All warrants shall only be executed within the period 129
and at the times authorized by the warrant and only by a police 130
officer. A police officer charged with its execution may be 131
accompanied by such other persons as may be reasonably necessary 132
for the successful execution of the warrant with all practicable 133
safety. 134
SECTION 2. Section 41-29-157, Mississippi Code of 1972, is 135
amended as follows: 136
41-29-157. (a) Except as otherwise provided in 137
Section * * * 1 of this act, issuance and execution of 138
administrative inspection warrants and search warrants shall be as 139
follows, except as provided in subsection (c) of this section: 140
(1) A judge of any state court of record, or any 141
justice court judge within his jurisdiction, and upon proper oath 142
or affirmation showing probable cause, may issue warrants for the 143
purpose of conducting administrative inspections authorized by 144
this article or rules thereunder, and seizures of property 145
appropriate to the inspections. For purposes of the issuance of 146
administrative inspection warrants, probable cause exists upon 147
showing a valid public interest in the effective enforcement of 148
this article or rules thereunder, sufficient to justify 149
administrative inspection of the area, premises, building or 150
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conveyance in the circumstances specified in the application for 151
the warrant. All such warrants shall be served during normal 152
business hours; 153
(2) A search warrant shall issue only upon an affidavit 154
of a person having knowledge or information of the facts alleged, 155
sworn to before the judge or justice court judge and establishing 156
the grounds for issuing the warrant. If the judge or justice 157
court judge is satisfied that grounds for the application exist or 158
that there is probable cause to believe they exist, he shall issue 159
a warrant identifying the area, premises, building or conveyance 160
to be searched, the purpose of the search, and, if appropriate, 161
the type of property to be searched, if any. The warrant shall: 162
(A) State the grounds for its issuance and the 163
name of each person whose affidavit has been taken in support 164
thereof; 165
(B) Be directed to a person authorized by Section 166
41-29-159 to execute it; 167
(C) Command the person to whom it is directed to 168
inspect the area, premises, building or conveyance identified for 169
the purpose specified, and if appropriate, direct the seizure of 170
the property specified; 171
(D) Identify the item or types of property to be 172
seized, if any; 173
(E) Direct that it be served and designate the 174
judge or magistrate to whom it shall be returned; 175
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(3) A warrant issued pursuant to this section must be 176
executed and returned within ten (10) days of its date unless, 177
upon a showing of a need for additional time, the court orders 178
otherwise. If property is seized pursuant to a warrant, a copy 179
shall be given to the person from whom or from whose premises the 180
property is taken, together with a receipt for the property taken. 181
The return of the warrant shall be made promptly, accompanied by a 182
written inventory of any property taken. The inventory shall be 183
made in the presence of the person executing the warrant and of 184
the person from whose possession or premises the property was 185
taken, if present, or in the presence of at least one (1) credible 186
person other than the person executing the warrant. A copy of the 187
inventory shall be delivered to the person from whom or from whose 188
premises the property was taken and to the applicant for the 189
warrant; 190
(4) The judge * * * who has issued a warrant shall 191
attach thereto a copy of the return and all papers returnable in 192
connection therewith and file them with the clerk of the 193
appropriate state court for the judicial district in which the 194
inspection was made. 195
(b) The Mississippi Bureau of Narcotics, the State Board of 196
Pharmacy, the State Board of Medical Licensure, the State Board of 197
Dental Examiners, the Mississippi Board of Nursing or the State 198
Board of Optometry may make administrative inspections of 199
controlled premises in accordance with the following provisions: 200
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(1) For purposes of this section only, "controlled 201
premises" means: 202
(A) Places where persons registered or exempted 203
from registration requirements under this article are required to 204
keep records; and 205
(B) Places including factories, warehouses, 206
establishments and conveyances in which persons registered or 207
exempted from registration requirements under this article are 208
permitted to hold, manufacture, compound, process, sell, deliver, 209
or otherwise dispose of any controlled substance. 210
(2) When authorized by an administrative inspection 211
warrant issued in accordance with the conditions imposed in this 212
section and Section 1 of this act, an officer or employee 213
designated by the Mississippi Bureau of Narcotics, the State Board 214
of Pharmacy, the State Board of Medical Licensure, the State Board 215
of Dental Examiners, the Mississippi Board of Nursing or the State 216
Board of Optometry, upon presenting the warrant and appropriate 217
credentials to the owner, operator or agent in charge, may enter 218
controlled premises for the purpose of conducting an 219
administrative inspection. 220
(3) When authorized by an administrative inspection 221
warrant, an officer or employee designated by the Mississippi 222
Bureau of Narcotics, the State Board of Pharmacy, the State Board 223
of Medical Licensure, the State Board of Dental Examiners, the 224
Mississippi Board of Nursing or the State Board of Optometry may: 225
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(A) Inspect and copy records required by this 226
article to be kept; 227
(B) Inspect, within reasonable limits and in a 228
reasonable manner, controlled premises and all pertinent 229
equipment, finished and unfinished material, containers and 230
labeling found therein, and, except as provided in paragraph (5) 231
of this subsection, all other things therein, including records, 232
files, papers, processes, controls and facilities bearing on 233
violation of this article; and 234
(C) Inventory any stock of any controlled 235
substance therein and obtain samples thereof. 236
(4) This section does not prevent the inspection 237
without a warrant of books and records pursuant to an 238
administrative subpoena, nor does it prevent entries and 239
administrative inspections, including seizures of property, 240
without a warrant: 241
(A) If the owner, operator or agent in charge of 242
the controlled premises consents; 243
(B) In situations presenting imminent danger to 244
health or safety; 245
(C) In situations involving inspection of 246
conveyances if there is reasonable cause to believe that the 247
mobility of the conveyance makes it impracticable to obtain a 248
warrant; 249
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(D) In any other exceptional or emergency 250
circumstance where time or opportunity to apply for a warrant is 251
lacking; or 252
(E) In all other situations in which a warrant is 253
not constitutionally required. 254
(5) An inspection authorized by this section shall not 255
extend to financial data, sales data, other than shipment data, or 256
pricing data unless the owner, operator or agent in charge of the 257
controlled premises consents in writing. 258
* * * 259
SECTION 3. Section 99-3-1, Mississippi Code of 1972, is 260
amended as follows: 261
99-3-1. (1) Arrests for crimes and offenses may be made by 262
the sheriff or his or her deputy or by any constable or 263
conservator of the peace within his or her county, or by any 264
marshal or policeman of a city, town or village within the same, 265
or by any United States Marshal or Deputy United States Marshal, 266
or, when in cooperation with local law enforcement officers, by 267
any other federal law enforcement officer who is employed by the 268
United States government, authorized to effect an arrest for a 269
violation of the United States Code, and authorized to carry a 270
firearm in the performance of his or her duties. Private persons 271
may also make arrests. 272
(2) (a) Any person authorized by a court of law to 273
supervise or monitor a convicted offender who is under an 274
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intensive supervision program may arrest the offender when the 275
offender is in violation of the terms or conditions of the 276
intensive supervision program, without having a warrant if: 277
(i) The arrest is authorized or ordered by a judge 278
of the court; 279
(ii) The person making the arrest has been trained 280
at the Law Enforcement Officers Training Academy established under 281
Section 45-5-1 et seq. or at a course approved by the Board on Law 282
Enforcement Officer Standards and Training; and 283
(iii) The judge identifies the person making the 284
arrest in his or her order and a copy of the order is served upon 285
the person being arrested. 286
(b) For the purposes of * * * this subsection (2), the 287
term "intensive supervision program" means an intensive 288
supervision program of the Department of Corrections as described 289
in Section 47-5-1001 et seq., of any similar program authorized by 290
a court for offenders who are not under jurisdiction of the 291
Department of Corrections. 292
(3) Any arrests made under the provisions of this section 293
shall comply with Section 1 of this act. 294
SECTION 4. Section 99-3-7, Mississippi Code of 1972, is 295
amended as follows: 296
99-3-7. (1) An officer or private person may arrest any 297
person without warrant, for an indictable offense committed, or a 298
breach of the peace threatened or attempted in his presence; or 299
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when a person has committed a felony, though not in his presence; 300
or when a felony has been committed, and he has reasonable ground 301
to suspect and believe the person proposed to be arrested to have 302
committed it; or on a charge, made upon reasonable cause, of the 303
commission of a felony by the party proposed to be arrested. And 304
in all cases of arrests without warrant, the person making such 305
arrest must inform the accused of the object and cause of the 306
arrest in compliance with Section 1 of this act, except when he is 307
in the actual commission of the offense, or is arrested on 308
pursuit. 309
(2) Any law enforcement officer may arrest any person on a 310
misdemeanor charge without having a warrant in his possession when 311
a warrant is in fact outstanding for that person's arrest and the 312
officer has knowledge through official channels that the warrant 313
is outstanding for that person's arrest. In all such cases, the 314
officer making the arrest must inform such person at the time of 315
the arrest the object and cause therefor in compliance with 316
Section 1 of this act. If the person arrested so requests, the 317
warrant shall be shown to him as soon as practicable. 318
(3) (a) Any law enforcement officer shall arrest a person 319
with or without a warrant when he has probable cause to believe 320
that the person has, within twenty-four (24) hours of such arrest, 321
knowingly committed a misdemeanor or felony that is an act of 322
domestic violence or knowingly violated provisions of a criminal 323
domestic violence or sexual assault protection order issued 324
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pursuant to Section 97-3-7(11), 97-3-65(6) or 97-3-101(5) or an ex 325
parte protective order, protective order after hearing or 326
court-approved consent agreement entered by a chancery, circuit, 327
county, justice or municipal court pursuant to the Protection from 328
Domestic Abuse Law, Sections 93-21-1 through 93-21-29, Mississippi 329
Code of 1972, or a restraining order entered by a foreign court of 330
competent jurisdiction to protect an applicant from domestic 331
violence. 332
(b) If a law enforcement officer has probable cause to 333
believe that two (2) or more persons committed an act of domestic 334
violence as defined herein, or if two (2) or more persons make 335
complaints of domestic violence to the officer, the officer shall 336
attempt to determine who was the principal aggressor. The term 337
principal aggressor is defined as the party who poses the most 338
serious ongoing threat, or who is the most significant, rather 339
than the first, aggressor. The officer shall presume that arrest 340
is not the appropriate response for the person or persons who were 341
not the principal aggressor. If the officer affirmatively finds 342
more than one (1) principal aggressor was involved, the officer 343
shall document those findings. 344
(c) To determine which party was the principal 345
aggressor, the officer shall consider the following factors, 346
although such consideration is not limited to these factors: 347
(i) Evidence from the persons involved in the 348
domestic abuse; 349
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(ii) The history of domestic abuse between the 350
parties, the likelihood of future injury to each person, and the 351
intent of the law to protect victims of domestic violence from 352
continuing abuse; 353
(iii) Whether one (1) of the persons acted in 354
self-defense; and 355
(iv) Evidence from witnesses of the domestic 356
violence. 357
(d) A law enforcement officer shall not base the 358
decision of whether to arrest on the consent or request of the 359
victim. 360
(e) A law enforcement officer's determination regarding 361
the existence of probable cause or the lack of probable cause 362
shall not adversely affect the right of any party to independently 363
seek appropriate remedies. 364
(4) (a) Any person authorized by a court of law to 365
supervise or monitor a convicted offender who is under an 366
intensive supervision program may arrest the offender when the 367
offender is in violation of the terms or conditions of the 368
intensive supervision program, without having a warrant, provided 369
that the person making the arrest has been trained at the Law 370
Enforcement Officers Training Academy established under Section 371
45-5-1 et seq., or at a course approved by the Board on Law 372
Enforcement Officer Standards and Training. 373
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(b) For the purposes of this subsection, the term 374
"intensive supervision program" means an intensive supervision 375
program of the Department of Corrections as described in Section 376
47-5-1001 et seq., or any similar program authorized by a court 377
for offenders who are not under jurisdiction of the Department of 378
Corrections. 379
(5) As used in subsection (3) of this section, the phrase 380
"misdemeanor or felony that is an act of domestic violence" shall 381
mean one or more of the following acts between current or former 382
spouses or a child of current or former spouses, persons living as 383
spouses or who formerly lived as spouses or a child of persons 384
living as spouses or who formerly lived as spouses, a parent, 385
grandparent, child, grandchild or someone similarly situated to 386
the defendant, persons who have a current or former dating 387
relationship, or persons who have a biological or legally adopted 388
child together: 389
(a) Simple or aggravated domestic violence within the 390
meaning of Section 97-3-7; 391
(b) Disturbing the family or public peace within the 392
meaning of Section 97-35-9, 97-35-11, 97-35-13 or 97-35-15; or 393
(c) Stalking within the meaning of Section 97-3-107. 394
(6) Any arrest made pursuant to subsection (3) of this 395
section shall be designated as domestic assault or domestic 396
violence on both the arrest docket and the incident report. Any 397
officer investigating a complaint of a misdemeanor or felony that 398
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is a crime of domestic violence who finds probable cause that such 399
an offense has occurred within the past twenty-four (24) hours 400
shall file an affidavit on behalf of the victim(s) of the crime, 401
regardless of whether an arrest is made within that time period. 402
If the crime is reported or investigated outside of that 403
twenty-four-hour period, the officer may file the affidavit on 404
behalf of the victim. In the event the officer does not file an 405
affidavit on behalf of the victim, the officer shall instruct the 406
victim of the procedure for filing on his or her own behalf. 407
(7) A law enforcement officer shall not be held liable in 408
any civil action for an arrest based on probable cause and in good 409
faith pursuant to subsection (3) of this section, or failure, in 410
good faith, to make an arrest pursuant to subsection (3) of this 411
section. 412
(8) The authority for the State Chief Deputy Fire Marshal 413
and deputy state fire marshals to make arrests shall be governed 414
by the provisions of Section 45-11-1. 415
SECTION 5. Section 7-1-21, Mississippi Code of 1972, is 416
amended as follows: 417
7-1-21. Investigators and other personnel, employed by the 418
Governor pursuant to Section 7-1-19, shall have full power to 419
investigate, apprehend, or arrest any person, firm, corporation, 420
or any combination or conspiracy thereof committing said acts of 421
violence, or threats of violence, or intimidations, or acts of 422
terror, or damaging, injuring, or destroying property as a result 423
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of acts of violence or terror, in any manner whatever, and to help 424
indict or prosecute, or both, in all such cases. Such 425
investigators or other personnel so employed by the Governor, in 426
the performance of their duties under Sections 7-1-19 through 427
7-1-23, are authorized and empowered to carry firearms and to 428
serve warrants and subpoenas issued under the authority of the 429
State of Mississippi in compliance with Section 1 of this act; to 430
make arrests without warrant in such cases where the person making 431
the arrest has reasonable grounds to believe that the person so 432
arrested is guilty of any of the offenses herein named and there 433
is a likelihood of the person escaping before a warrant can be 434
obtained for his or her arrest, but the person arrested shall be 435
immediately taken before a committing officer; to acquire, 436
collect, classify, and preserve records and evidence obtained 437
hereunder; and to make all lawful searches and seizures to obtain 438
evidence of such acts, when based upon reasonable grounds or 439
probable cause that such is necessary in the accomplishment of the 440
purposes of the aforesaid sections. 441
SECTION 6. Section 7-5-67, Mississippi Code of 1972, is 442
amended as follows: 443
7-5-67. Persons employed by the Attorney General as 444
investigators in the Public Integrity Division whose primary 445
responsibility is the prevention and detection of crime, the 446
apprehension of criminals and the enforcement of the criminal laws 447
of this state shall be empowered to make arrests and to serve and 448
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execute search warrants and other valid legal process anywhere 449
within the State of Mississippi in compliance with Section 1 of 450
this act. 451
SECTION 7. Section 7-7-211, Mississippi Code of 1972, is 452
amended as follows: 453
7-7-211. The department shall have the power and it shall be 454
its duty: 455
(a) To identify and define for all public offices of 456
the state and its subdivisions generally accepted accounting 457
principles or other accounting principles as promulgated by 458
nationally recognized professional organizations and to consult 459
with the State Fiscal Officer in the prescription and 460
implementation of accounting rules and regulations; 461
(b) To provide best practices, for all public offices 462
of regional and local subdivisions of the state, systems of 463
accounting, budgeting and reporting financial facts relating to 464
said offices in conformity with legal requirements and with 465
generally accepted accounting principles or other accounting 466
principles as promulgated by nationally recognized professional 467
organizations; to assist such subdivisions in need of assistance 468
in the installation of such systems; to revise such systems when 469
deemed necessary, and to report to the Legislature at periodic 470
times the extent to which each office is maintaining such systems, 471
along with such recommendations to the Legislature for improvement 472
as seem desirable; 473
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(c) To study and analyze existing managerial policies, 474
methods, procedures, duties and services of the various state 475
departments and institutions upon written request of the Governor, 476
the Legislature or any committee or other body empowered by the 477
Legislature to make such request to determine whether and where 478
operations can be eliminated, combined, simplified and improved; 479
(d) To postaudit each year and, when deemed necessary, 480
preaudit and investigate the financial affairs of the departments, 481
institutions, boards, commissions, or other agencies of state 482
government, as part of the publication of a comprehensive annual 483
financial report for the State of Mississippi, or as deemed 484
necessary by the State Auditor. In complying with the 485
requirements of this paragraph, the department shall have the 486
authority to conduct all necessary audit procedures on an interim 487
and year-end basis; 488
(e) To postaudit and, when deemed necessary, preaudit 489
and investigate separately the financial affairs of (i) the 490
offices, boards and commissions of county governments and any 491
departments and institutions thereof and therein; (ii) public 492
school districts, departments of education and junior college 493
districts; and (iii) any other local offices or agencies which 494
share revenues derived from taxes or fees imposed by the State 495
Legislature or receive grants from revenues collected by 496
governmental divisions of the state; the cost of such audits, 497
investigations or other services to be paid as follows: Such part 498
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shall be paid by the state from appropriations made by the 499
Legislature for the operation of the State Department of Audit as 500
may exceed the sum of Thirty-five Dollars ($35.00) per man-hour 501
for the services of each staff person engaged in performing the 502
audit or other service plus the actual cost of any independent 503
specialist firm contracted by the State Auditor to assist in the 504
performance of the audit, which sum shall be paid by the county, 505
district, department, institution or other agency audited out of 506
its general fund or any other available funds from which such 507
payment is not prohibited by law. Costs paid for independent 508
specialists or firms contracted by the State Auditor shall be paid 509
by the audited entity through the State Auditor to the specialist 510
or firm conducting the postaudit. 511
Each school district in the state shall have its financial 512
records audited annually, at the end of each fiscal year, either 513
by the State Auditor or by a certified public accountant approved 514
by the State Auditor. Beginning with the audits of fiscal year 515
2010 activity, no certified public accountant shall be selected to 516
perform the annual audit of a school district who has audited that 517
district for three (3) or more consecutive years previously. 518
Certified public accountants shall be selected in a manner 519
determined by the State Auditor. The school district shall have 520
the responsibility to pay for the audit, including the review by 521
the State Auditor of audits performed by certified public 522
accountants; 523
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(f) To postaudit and, when deemed necessary, preaudit 524
and investigate the financial affairs of the levee boards; 525
agencies created by the Legislature or by executive order of the 526
Governor; profit or nonprofit business entities administering 527
programs financed by funds flowing through the State Treasury or 528
through any of the agencies of the state, or its subdivisions; and 529
all other public bodies supported by funds derived in part or 530
wholly from public funds, except municipalities which annually 531
submit an audit prepared by a qualified certified public 532
accountant using methods and procedures prescribed by the 533
department; 534
(g) To make written demand, when necessary, for the 535
recovery of any amounts representing public funds improperly 536
withheld, misappropriated and/or otherwise illegally expended by 537
an officer, employee or administrative body of any state, county 538
or other public office, and/or for the recovery of the value of 539
any public property disposed of in an unlawful manner by a public 540
officer, employee or administrative body, such demands to be made 541
(i) upon the person or persons liable for such amounts and upon 542
the surety on official bond thereof, and/or (ii) upon any 543
individual, partnership, corporation or association to whom the 544
illegal expenditure was made or with whom the unlawful disposition 545
of public property was made, if such individual, partnership, 546
corporation or association knew or had reason to know through the 547
exercising of reasonable diligence that the expenditure was 548
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illegal or the disposition unlawful. Such demand shall be 549
premised on competent evidence, which shall include at least one 550
(1) of the following: (i) sworn statements, (ii) written 551
documentation, (iii) physical evidence, or (iv) reports and 552
findings of government or other law enforcement agencies. Other 553
provisions notwithstanding, a demand letter issued pursuant to 554
this paragraph shall remain confidential by the State Auditor 555
until the individual against whom the demand letter is being filed 556
has been served with a copy of such demand letter. If, however, 557
such individual cannot be notified within fifteen (15) days using 558
reasonable means and due diligence, such notification shall be 559
made to the individual's bonding company, if he or she is bonded. 560
Each such demand shall be paid into the proper treasury of the 561
state, county or other public body through the office of the 562
department in the amount demanded within thirty (30) days from the 563
date thereof, together with interest thereon in the sum of one 564
percent (1%) per month from the date such amount or amounts were 565
improperly withheld, misappropriated and/or otherwise illegally 566
expended. In the event, however, such person or persons or such 567
surety shall refuse, neglect or otherwise fail to pay the amount 568
demanded and the interest due thereon within the allotted thirty 569
(30) days, the State Auditor shall have the authority and it shall 570
be his duty to institute suit, and the Attorney General shall 571
prosecute the same in any court of the state to the end that there 572
shall be recovered the total of such amounts from the person or 573
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persons and surety on official bond named therein; and the amounts 574
so recovered shall be paid into the proper treasury of the state, 575
county or other public body through the State Auditor. In any 576
case where written demand is issued to a surety on the official 577
bond of such person or persons and the surety refuses, neglects or 578
otherwise fails within one hundred twenty (120) days to either pay 579
the amount demanded and the interest due thereon or to give the 580
State Auditor a written response with specific reasons for 581
nonpayment, then the surety shall be subject to a civil penalty in 582
an amount of twelve percent (12%) of the bond, not to exceed Ten 583
Thousand Dollars ($10,000.00), to be deposited into the State 584
General Fund; 585
(h) To investigate any alleged or suspected violation 586
of the laws of the state by any officer or employee of the state, 587
county or other public office in the purchase, sale or the use of 588
any supplies, services, equipment or other property belonging 589
thereto; and in such investigation to do any and all things 590
necessary to procure evidence sufficient either to prove or 591
disprove the existence of such alleged or suspected violations. 592
The Division of Investigation of the State Department of Audit may 593
investigate, for the purpose of prosecution, any suspected 594
criminal violation of the provisions of this chapter. For the 595
purpose of administration and enforcement of this chapter, the 596
enforcement employees of the Division of Investigation of the 597
State Department of Audit have the powers of a law enforcement 598
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officer of this state, and shall be empowered to make arrests and 599
to serve and execute search warrants and other valid legal process 600
anywhere within the State of Mississippi in compliance with 601
Section 1 of this act. All enforcement employees of the Division 602
of Investigation of the State Department of Audit hired on or 603
after July 1, 1993, shall be required to complete the Law 604
Enforcement Officers Training Program and shall meet the standards 605
of the program; 606
(i) To issue subpoenas, with the approval of, and 607
returnable to, a judge of a chancery or circuit court, in termtime 608
or in vacation, to examine the records, documents or other 609
evidence of persons, firms, corporations or any other entities 610
insofar as such records, documents or other evidence relate to 611
dealings with any state, county or other public entity. The 612
circuit or chancery judge must serve the county in which the 613
records, documents or other evidence is located; or where all or 614
part of the transaction or transactions occurred which are the 615
subject of the subpoena; 616
(j) In any instances in which the State Auditor is or 617
shall be authorized or required to examine or audit, whether 618
preaudit or postaudit, any books, ledgers, accounts or other 619
records of the affairs of any public hospital owned or owned and 620
operated by one or more political subdivisions or parts thereof or 621
any combination thereof, or any school district, including 622
activity funds thereof, it shall be sufficient compliance 623
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therewith, in the discretion of the State Auditor, that such 624
examination or audit be made from the report of any audit or other 625
examination certified by a certified public accountant and 626
prepared by or under the supervision of such certified public 627
accountant. Such audits shall be made in accordance with 628
generally accepted standards of auditing, with the use of an audit 629
program prepared by the State Auditor, and final reports of such 630
audits shall conform to the format prescribed by the State 631
Auditor. All files, working papers, notes, correspondence and all 632
other data compiled during the course of the audit shall be 633
available, without cost, to the State Auditor for examination and 634
abstracting during the normal business hours of any business day. 635
The expense of such certified reports shall be borne by the 636
respective hospital, or any available school district funds, 637
subject to examination or audit. The State Auditor shall not be 638
bound by such certified reports and may, in his or their 639
discretion, conduct such examination or audit from the books, 640
ledgers, accounts or other records involved as may be appropriate 641
and authorized by law; 642
(k) The State Auditor shall have the authority to 643
contract with qualified public accounting firms to perform 644
selected audits required in paragraphs (d), (e), (f) and (j) of 645
this section, if funds are made available for such contracts by 646
the Legislature, or if funds are available from the governmental 647
entity covered by paragraphs (d), (e), (f) and (j). Such audits 648
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shall be made in accordance with generally accepted standards of 649
auditing. All files, working papers, notes, correspondence and 650
all other data compiled during the course of the audit shall be 651
available, without cost, to the State Auditor for examination and 652
abstracting during the normal business hours of any business day; 653
(l) The State Auditor shall have the authority to 654
establish training courses and programs for the personnel of the 655
various state and local governmental entities under the 656
jurisdiction of the Office of the State Auditor. The training 657
courses and programs shall include, but not be limited to, topics 658
on internal control of funds, property and equipment control and 659
inventory, governmental accounting and financial reporting, and 660
internal auditing. The State Auditor is authorized to charge a 661
fee from the participants of these courses and programs, which fee 662
shall be deposited into the Department of Audit Special Fund. 663
State and local governmental entities are authorized to pay such 664
fee and any travel expenses out of their general funds or any 665
other available funds from which such payment is not prohibited by 666
law; 667
(m) Upon written request by the Governor or any member 668
of the State Legislature, the State Auditor may audit any state 669
funds and/or state and federal funds received by any nonprofit 670
corporation incorporated under the laws of this state; 671
(n) To conduct performance audits of personal or 672
professional service contracts by state agencies on a random 673
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sampling basis, or upon request of the State Personal Service 674
Contract Review Board under Section 25-9-120(3); 675
(o) At the discretion of the State Auditor, the Auditor 676
may conduct risk assessments, as well as performance and 677
compliance audits based on Generally Accepted Government Auditing 678
Standards (GAGAS) of any state-funded economic development program 679
authorized under Title 57, Mississippi Code of 1972. After risk 680
assessments or program audits, the State Auditor may conduct 681
audits of those projects deemed high-risk, specifically as they 682
identify any potential wrongdoing or noncompliance based on 683
objectives of the economic development program. The Auditor is 684
granted authority to gather, audit and review data and information 685
from the Mississippi Development Authority or any of its agents, 686
the Department of Revenue, and when necessary under this 687
paragraph, the recipient business or businesses or any other 688
private, public or nonprofit entity with information relevant to 689
the audit project. The maximum amount the State Auditor may bill 690
the oversight agency under this paragraph in any fiscal year is 691
One Hundred Thousand Dollars ($100,000.00), based on reasonable 692
and necessary expenses; 693
(p) To review and approve any independent auditor 694
selected by the Mississippi Lottery Corporation in accordance with 695
Section 27-115-89, to conduct an annual audit of the corporation; 696
and 697
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(q) To conduct audits or investigations of the 698
Mississippi Lottery Corporation if, in the opinion of the State 699
Auditor, conditions justify such audits or investigations. 700
SECTION 8. Section 9-9-23, Mississippi Code of 1972, is 701
amended as follows: 702
9-9-23. The county judge shall have power to issue writs, 703
and to try matters, of habeas corpus on application to him or her 704
therefor, or when made returnable before him or her by a superior 705
judge. He shall also have the power to order the issuance of 706
writs of certiorari, supersedeas, attachments, and other remedial 707
writs in all cases pending in, or within the jurisdiction of, his 708
or her court. He or she shall have the authority to issue search 709
warrants in his or her county returnable to his or her own court 710
or to any court of a justice of the peace within his or her county 711
in the same manner as is provided by law and in Section 1 of this 712
act for the issuance of search warrants by justices of the peace. 713
In all cases pending in, or within the jurisdiction of, his or her 714
court, he or she shall have, in term time, and in vacation, the 715
power to order, do or determine to the same extent and in the same 716
manner as a justice of the peace or a circuit judge or a 717
chancellor could do in term time or in vacation in such cases. 718
But he or she shall not have original power to issue writs of 719
injunction, or other remedial writs in equity or in law except in 720
those cases hereinabove specified as being within his or her 721
jurisdiction: Provided, however, that when any judge or 722
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chancellor authorized to issue such writs of injunction, or any 723
other equitable or legal remedial writs hereinabove reserved, 724
shall so direct in writing the hearing of application therefor may 725
be by him or her referred to the county judge, in which event the 726
said direction of the superior judge shall vest in the said county 727
judge all authority to take such action on said application as the 728
said superior judge could have taken under the right and the law, 729
had the said application been at all times before the said 730
superior judge. The jurisdiction authorized under the foregoing 731
proviso shall cease upon the denying or granting of the 732
application. 733
SECTION 9. Section 21-23-7, Mississippi Code of 1972, is 734
amended as follows: 735
21-23-7. (1) The municipal judge shall hold court in a 736
public building designated by the governing authorities of the 737
municipality, or may hold court in an adult detention center as 738
provided under this subsection, and may hold court every day 739
except Sundays and legal holidays if the business of the 740
municipality so requires; provided, however, the municipal judge 741
may hold court outside the boundaries of the municipality but not 742
more than within a sixty-mile radius of the municipality to handle 743
preliminary matters and criminal matters such as initial 744
appearances and felony preliminary hearings. The municipal judge 745
may hold court outside the boundaries of the municipality but not 746
more than within a one-mile radius of the municipality for any 747
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purpose; however, a municipal judge may hold court outside the 748
boundaries of the municipality more than within a one-mile radius 749
of the municipality when accepting a plea of a defendant at an 750
adult detention center within the county. The municipal judge 751
shall have the jurisdiction to hear and determine, without a jury 752
and without a record of the testimony, all cases charging 753
violations of the municipal ordinances and state misdemeanor laws 754
made offenses against the municipality and to punish offenders 755
therefor as may be prescribed by law. Except as otherwise 756
provided by law, criminal proceedings shall be brought by sworn 757
complaint filed in the municipal court. Such complaint shall 758
state the essential elements of the offense charged and the 759
statute or ordinance relied upon. Such complaint shall not be 760
required to conclude with a general averment that the offense is 761
against the peace and dignity of the state or in violation of the 762
ordinances of the municipality. He may sit as a committing court 763
in all felonies committed within the municipality, and he shall 764
have the power to bind over the accused to the grand jury or to 765
appear before the proper court having jurisdiction to try the 766
same, and to set the amount of bail or refuse bail and commit the 767
accused to jail in cases not bailable. The municipal judge is a 768
conservator of the peace within his municipality. He may conduct 769
preliminary hearings in all violations of the criminal laws of 770
this state occurring within the municipality, and any person 771
arrested for a violation of law within the municipality may be 772
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brought before him for initial appearance. The municipal court 773
shall have jurisdiction of any case remanded to it by a circuit 774
court grand jury. The municipal court shall have civil 775
jurisdiction over actions filed pursuant to and as provided in 776
Chapter 21, Title 93, * * * Mississippi Code of 1972, the 777
Protection from Domestic Abuse Act. 778
(2) In the discretion of the court, where the objects of 779
justice would be more likely met, as an alternative to imposition 780
or payment of fine and/or incarceration, the municipal judge shall 781
have the power to sentence convicted offenders to work on a public 782
service project where the court has established such a program of 783
public service by written guidelines filed with the clerk for 784
public record. Such programs shall provide for reasonable 785
supervision of the offender and the work shall be commensurate 786
with the fine and/or incarceration that would have ordinarily been 787
imposed. Such program of public service may be utilized in the 788
implementation of the provisions of Section 99-19-20, and public 789
service work thereunder may be supervised by persons other than 790
the sheriff. 791
(3) The municipal judge may solemnize marriages, take oaths, 792
affidavits and acknowledgments, and issue orders, subpoenas, 793
summonses, citations, warrants for search and arrest upon a 794
finding of probable cause in compliance with Section 1 of this 795
act, and other such process under seal of the court to any county 796
or municipality, in a criminal case, to be executed by the lawful 797
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authority of the county or the municipality of the respondent, and 798
enforce obedience thereto. The absence of a seal shall not 799
invalidate the process. 800
(4) When a person shall be charged with an offense in 801
municipal court punishable by confinement, the municipal judge, 802
being satisfied that such person is an indigent person and is 803
unable to employ counsel, may, in the discretion of the court, 804
appoint counsel from the membership of The Mississippi Bar 805
residing in his county who shall represent him. Compensation for 806
appointed counsel in criminal cases shall be approved and allowed 807
by the municipal judge and shall be paid by the municipality. The 808
maximum compensation shall not exceed Two Hundred Dollars 809
($200.00) for any one (1) case. The governing authorities of a 810
municipality may, in their discretion, appoint a public 811
defender(s) who must be a licensed attorney and who shall receive 812
a salary to be fixed by the governing authorities. 813
(5) The municipal judge of any municipality is hereby 814
authorized to suspend the sentence and to suspend the execution of 815
the sentence, or any part thereof, on such terms as may be imposed 816
by the municipal judge. However, the suspension of imposition or 817
execution of a sentence hereunder may not be revoked after a 818
period of two (2) years. The municipal judge shall have the power 819
to establish and operate a probation program, dispute resolution 820
program and other practices or procedures appropriate to the 821
judiciary and designed to aid in the administration of justice. 822
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Any such program shall be established by the court with written 823
policies and procedures filed with the clerk of the court for 824
public record. Subsequent to original sentencing, the municipal 825
judge, in misdemeanor cases, is hereby authorized to suspend 826
sentence and to suspend the execution of a sentence, or any part 827
thereof, on such terms as may be imposed by the municipal judge, 828
if (a) the judge or his or her predecessor was authorized to order 829
such suspension when the sentence was originally imposed; and (b) 830
such conviction (i) has not been appealed; or (ii) has been 831
appealed and the appeal has been voluntarily dismissed. 832
(6) Upon prior notice to the municipal prosecuting attorney 833
and upon a showing in open court of rehabilitation, good conduct 834
for a period of two (2) years since the last conviction in any 835
court and that the best interest of society would be served, the 836
court may, in its discretion, order the record of conviction of a 837
person of any or all misdemeanors in that court expunged, and upon 838
so doing the said person thereafter legally stands as though he 839
had never been convicted of the said misdemeanor(s) and may 840
lawfully so respond to any query of prior convictions. This order 841
of expunction does not apply to the confidential records of law 842
enforcement agencies and has no effect on the driving record of a 843
person maintained under Title 63, Mississippi Code of 1972, or any 844
other provision of said Title 63. 845
(7) Notwithstanding the provisions of subsection (6) of this 846
section, a person who was convicted in municipal court of a 847
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misdemeanor before reaching his twenty-third birthday, excluding 848
conviction for a traffic violation, and who is a first offender, 849
may utilize the provisions of Section 99-19-71, to expunge such 850
misdemeanor conviction. 851
(8) In the discretion of the court, a plea of nolo 852
contendere may be entered to any charge in municipal court. Upon 853
the entry of a plea of nolo contendere the court shall convict the 854
defendant of the offense charged and shall proceed to sentence the 855
defendant according to law. The judgment of the court shall 856
reflect that the conviction was on a plea of nolo contendere. An 857
appeal may be made from a conviction on a plea of nolo contendere 858
as in other cases. 859
(9) Upon execution of a sworn complaint charging a 860
misdemeanor, the municipal court may, in its discretion and in 861
lieu of an arrest warrant, issue a citation requiring the 862
appearance of the defendant to answer the charge made against him. 863
On default of appearance, an arrest warrant may be issued for the 864
defendant in compliance with Section 1 of this act. The clerk of 865
the court or deputy clerk may issue such citations. 866
(10) The municipal court shall have the power to make rules 867
for the administration of the court's business, which rules, if 868
any, shall be in writing filed with the clerk of the court and 869
shall include the enactment of rules related to the court's 870
authority to issue domestic abuse protection orders pursuant to 871
Section 93-21-1 et seq. 872
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(11) The municipal court shall have the power to impose 873
punishment of a fine of not more than One Thousand Dollars 874
($1,000.00) or six (6) months imprisonment, or both, for contempt 875
of court. The municipal court may have the power to impose 876
reasonable costs of court, not in excess of the following: 877
Dismissal of any affidavit, complaint or charge 878
in municipal court........................................ $ 50.00 879
Suspension of a minor's driver's license in lieu of 880
conviction................................................ $ 50.00 881
Service of scire facias or return "not found"........ $ 20.00 882
Causing search warrant to issue or causing 883
prosecution without reasonable cause or refusing to 884
cooperate after initiating action......................... $ 100.00 885
Certified copy of the court record................... $ 5.00 886
Service of arrest warrant for failure to answer 887
citation or traffic summons............................... $ 25.00 888
Jail cost per day - actual jail cost paid by the municipality 889
but not to exceed........................................ $ 35.00 890
Service of court documents related to the filing 891
of a petition or issuance of a protection from domestic 892
abuse order under Chapter 21, Title 93, * * * Mississippi Code of 893
1972 ..................................................... $ 25.00 894
Any other item of court cost......................... $ 50.00 895
No filing fee or such cost shall be imposed for the bringing 896
of an action in municipal court. 897
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(12) A municipal court judge shall not dismiss a criminal 898
case but may transfer the case to the justice court of the county 899
if the municipal court judge is prohibited from presiding over the 900
case by the Canons of Judicial Conduct and provided that venue and 901
jurisdiction are proper in the justice court. Upon transfer of 902
any such case, the municipal court judge shall give the municipal 903
court clerk a written order to transmit the affidavit or complaint 904
and all other records and evidence in the court's possession to 905
the justice court by certified mail or to instruct the arresting 906
officer to deliver such documents and records to the justice 907
court. There shall be no court costs charged for the transfer of 908
the case to the justice court. 909
(13) A municipal court judge shall expunge the record of any 910
case in which an arrest was made, the person arrested was released 911
and the case was dismissed or the charges were dropped, there was 912
no disposition of such case or the person was found not guilty at 913
trial. 914
(14) For violations of municipal ordinances related to real 915
property, the municipal judge shall have the power to order a 916
defendant to remedy violations within a reasonable time period as 917
set by the judge, and at the discretion of the judge, the judge 918
may simultaneously authorize the municipality, at its request, the 919
option to remedy the violation itself, through the use of its own 920
employees or its contractors, without further notice should the 921
defendant fail to fully do so within the time period set by the 922
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judge. Subsequent to the municipality remedying the violation, 923
the municipality may petition the court to assess documented 924
cleanup costs to the defendant, and, if, following a hearing on 925
such petition, the judge determines (a) the violations were not 926
remedied by the defendant within the time required by the court, 927
(b) that the municipality remedied the violation itself after such 928
time period expired and (c) that the costs incurred by the 929
municipality were reasonable, the court may assess the costs to 930
the defendant as a judgement, which may be enrolled in the office 931
of the circuit clerk. 932
SECTION 10. Section 27-69-59, Mississippi Code of 1972, is 933
amended as follows: 934
27-69-59. When the commissioner has good reason to believe 935
that tobacco is being kept, sold, offered for sale, or given away 936
in violation of this chapter, or regulations issued under 937
authority hereof, he may make affidavit of such fact, describing 938
the place or thing to be searched, before any justice of the 939
peace, mayor of any city, town or village, or county or circuit 940
judge of any county in this state, and such justice of the peace, 941
mayor or county or circuit judge shall issue a search warrant 942
directed to the sheriff or any constable or any police officer in 943
any city, town or village, commanding him to proceed in the day 944
time, or in the night time, to enter by breaking, if necessary, 945
and to diligently search any building, room in a building, 946
outhouses, place, wagon, cart, buggy, motorcycle, motor truck, 947
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automobile, water or air craft, or other vehicle as may be 948
designated in the affidavit and search warrant, and to seize such 949
tobacco so possessed and to hold the same until disposed of by 950
law, and to arrest the person or persons in possession or control 951
of the same. Any search or arrest authorized by this section 952
shall be executed in compliance with Section 1 of this act. 953
Such writ shall be returnable instanter, or on a day to be 954
stated, and a copy shall be served on the owner or person in 955
possession, if such person be present or readily found. 956
If upon hearing, or the return of such search warrant, it 957
shall appear that any tobacco unlawfully possessed were seized, 958
the same shall be declared forfeited to this state, and shall be 959
sold as provided in Section 27-69-55 of this chapter. 960
SECTION 11. Section 41-29-153, Mississippi Code of 1972, is 961
amended as follows: 962
41-29-153. (a) The following are subject to forfeiture: 963
(1) All controlled substances which have been 964
manufactured, distributed, dispensed or acquired in violation of 965
this article or in violation of Article 5 of this chapter or 966
Chapter 137 of this title; 967
(2) All raw materials, products and equipment of any 968
kind which are used, or intended for use, in manufacturing, 969
compounding, processing, delivering, importing, or exporting any 970
controlled substance in violation of this article or in violation 971
of Article 5 of this chapter or Chapter 137 of this title; 972
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(3) All property which is used, or intended for use, as 973
a container for property described in paragraph (1) or (2) of this 974
subsection; 975
(4) All conveyances, including aircraft, vehicles or 976
vessels, which are used, or intended for use, to transport, or in 977
any manner to facilitate the transportation, sale, receipt, 978
possession or concealment of property described in paragraph (1) 979
or (2) of this subsection, however: 980
A. No conveyance used by any person as a common 981
carrier in the transaction of business as a common carrier is 982
subject to forfeiture under this section unless it appears that 983
the owner or other person in charge of the conveyance is a 984
consenting party or privy to a violation of this article; 985
B. No conveyance is subject to forfeiture under 986
this section by reason of any act or omission proved by the owner 987
thereof to have been committed or omitted without his knowledge or 988
consent; if the confiscating authority has reason to believe that 989
the conveyance is a leased or rented conveyance, then the 990
confiscating authority shall notify the owner of the conveyance 991
within five (5) days of the confiscation; 992
C. A forfeiture of a conveyance encumbered by a 993
bona fide security interest is subject to the interest of the 994
secured party if he neither had knowledge of nor consented to the 995
act or omission; 996
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D. A conveyance is not subject to forfeiture for a 997
violation of Section 41-29-139(c)(2)(A) 1, 2 or (B)1 or (C)1, 2, 998
3; 999
(5) All money, deadly weapons, books, records, and 1000
research products and materials, including formulas, microfilm, 1001
tapes and data which are used, or intended for use, in violation 1002
of this article or in violation of Article 5 of this chapter or 1003
Chapter 137 of this title; 1004
(6) All drug paraphernalia as defined in Section 1005
41-29-105(v); and 1006
(7) Everything of value, including real estate, 1007
furnished, or intended to be furnished, in exchange for a 1008
controlled substance in violation of this article, all proceeds 1009
traceable to such an exchange, and all monies, negotiable 1010
instruments, businesses or business investments, securities, and 1011
other things of value used, or intended to be used, to facilitate 1012
any violation of this article. All monies, coin and currency 1013
found in close proximity to forfeitable controlled substances, to 1014
forfeitable drug manufacturing or distributing paraphernalia, or 1015
to forfeitable records of the importation, manufacture or 1016
distribution of controlled substances are presumed to be 1017
forfeitable under this paragraph; the burden of proof is upon 1018
claimants of the property to rebut this presumption. 1019
A. No property shall be forfeited under the 1020
provisions of subsection (a)(7) of this section, to the extent of 1021
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the interest of an owner, by reason of any act or omission 1022
established by him to have been committed or omitted without his 1023
knowledge or consent. 1024
B. Neither personal property encumbered by a bona 1025
fide security interest nor real estate encumbered by a bona fide 1026
mortgage, deed of trust, lien or encumbrance shall be forfeited 1027
under the provisions of subsection (a)(7) of this section, to the 1028
extent of the interest of the secured party or the interest of the 1029
mortgagee, holder of a deed of trust, lien or encumbrance by 1030
reason of any act or omission established by him to have been 1031
committed or omitted without his knowledge or consent. 1032
(b) Property subject to forfeiture may be seized by the 1033
bureau, local law enforcement officers, enforcement officers of 1034
the Mississippi Department of Transportation, highway patrolmen, 1035
the board, the State Board of Pharmacy, or law enforcement 1036
officers of the Mississippi Department of Revenue or Mississippi 1037
Department of Health acting with their duties in accordance with 1038
the Mississippi Medical Cannabis Act, upon process issued by any 1039
appropriate court having jurisdiction over the property. Seizure 1040
without process may be made if: 1041
(1) The seizure is incident to an arrest or a search 1042
under a search warrant or an inspection under an administrative 1043
inspection warrant; 1044
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(2) The property subject to seizure has been the 1045
subject of a prior judgment in favor of the state in a criminal 1046
injunction or forfeiture proceeding based upon this article; 1047
(3) The bureau, the board, local law enforcement 1048
officers, enforcement officers of the Mississippi Department of 1049
Transportation, or highway patrolmen, the State Board of Pharmacy, 1050
or law enforcement officers of the Mississippi Department of 1051
Revenue or Mississippi Department of Health acting with their 1052
duties in accordance with the Mississippi Medical Cannabis Act, 1053
have probable cause to believe that the property is directly or 1054
indirectly dangerous to health or safety; 1055
(4) The bureau, local law enforcement officers, 1056
enforcement officers of the Mississippi Department of 1057
Transportation, highway patrolmen, the board, the State Board of 1058
Pharmacy, or law enforcement officers of the Mississippi 1059
Department of Revenue or Mississippi Department of Health acting 1060
with their duties in accordance with the Mississippi Medical 1061
Cannabis Act, have probable cause to believe that the property was 1062
used or is intended to be used in violation of this article; or 1063
(5) The seizing law enforcement agency obtained a 1064
seizure warrant as described in subsection (f) of this section and 1065
in compliance with Section 1 of this act. 1066
(c) Controlled substances listed in Schedule I of Section 1067
41-29-113 that are possessed, transferred, sold, or offered for 1068
sale in violation of this article are contraband and shall be 1069
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seized and summarily forfeited to the state. Controlled 1070
substances listed in the said Schedule I, which are seized or come 1071
into the possession of the state, the owners of which are unknown, 1072
are contraband and shall be summarily forfeited to the state. 1073
(d) Species of plants from which controlled substances in 1074
Schedules I and II of Sections 41-29-113 and 41-29-115 may be 1075
derived which have been planted or cultivated in violation of this 1076
article, or of which the owners or cultivators are unknown, or 1077
which are wild growths, may be seized and summarily forfeited to 1078
the state. 1079
(e) The failure, upon demand by the bureau and/or local law 1080
enforcement officers, or their authorized agents, or highway 1081
patrolmen designated by the bureau, the board, the State Board of 1082
Pharmacy, or law enforcement officers of the Mississippi 1083
Department of Revenue or Mississippi Department of Health acting 1084
with their duties in accordance with the Mississippi Medical 1085
Cannabis Act, of the person in occupancy or in control of land or 1086
premises upon which the species of plants are growing or being 1087
stored, to produce an appropriate registration, or proof that he 1088
is the holder thereof, constitutes authority for the seizure and 1089
forfeiture of the plants. 1090
(f) (1) When any property is seized under the Uniform 1091
Controlled Substances Law, except as otherwise provided in 1092
paragraph (3) of this subsection, by a law enforcement agency with 1093
the intent to be forfeited, the law enforcement agency that seized 1094
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the property shall obtain a seizure warrant from the county or 1095
circuit court having jurisdiction of such property within 1096
seventy-two (72) hours of any seizure, excluding weekends and 1097
holidays. Any law enforcement agency that fails to obtain a 1098
seizure warrant within seventy-two (72) hours as required by this 1099
section shall notify the person from whom the property was seized 1100
that it will not be forfeited and shall provide written 1101
instructions advising the person how to retrieve the seized 1102
property. 1103
(2) A circuit or county judge having jurisdiction of 1104
any property other than a controlled substance, raw material or 1105
paraphernalia, may issue a seizure warrant upon proper oath or 1106
affirmation from a law enforcement agency. The law enforcement 1107
agency that is seeking a seizure warrant shall provide the 1108
following information to the judge: 1109
A. Probable cause to believe that the property was 1110
used or intended to be used in violation of this article; 1111
B. The name of the person from whom the property 1112
was seized; and 1113
C. A detailed description of the property which is 1114
seized, including the value of the property. 1115
(3) This subsection does not apply to seizures 1116
performed pursuant to Section 41-29-157 when property is 1117
specifically set forth in a search and seizure warrant. 1118
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SECTION 12. Section 41-29-159, Mississippi Code of 1972, is 1119
amended as follows: 1120
41-29-159. (a) Any officer or employee of the Mississippi 1121
Bureau of Narcotics, investigative unit of the State Board of 1122
Pharmacy, investigative unit of the State Board of Medical 1123
Licensure, investigative unit of the State Board of Dental 1124
Examiners, investigative unit of the Mississippi Board of Nursing, 1125
investigative unit of the State Board of Optometry, any duly sworn 1126
peace officer of the State of Mississippi, any enforcement officer 1127
of the Mississippi Department of Transportation, or any highway 1128
patrolman, may, while engaged in the performance of his statutory 1129
duties: 1130
(1) Carry firearms; 1131
(2) Execute and serve search warrants * * * and arrest 1132
warrants in compliance with Section 1 of this act, subpoenas, and 1133
summonses issued under the authority of this state; 1134
(3) Make arrests without warrant for any offense under 1135
this article committed in his presence, or if he has probable 1136
cause to believe that the person to be arrested has committed or 1137
is committing a crime; and 1138
(4) Make seizures of property pursuant to this article. 1139
(b) As divided among the Mississippi Bureau of Narcotics, 1140
the State Board of Pharmacy, the State Board of Medical Licensure, 1141
the State Board of Dental Examiners, the Mississippi Board of 1142
Nursing and the State Board of Optometry, the primary 1143
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responsibility of the illicit street traffic or other illicit 1144
traffic of drugs is delegated to agents of the Mississippi Bureau 1145
of Narcotics. The State Board of Pharmacy is delegated the 1146
responsibility of regulating and checking the legitimate drug 1147
traffic among pharmacists, pharmacies, hospitals, nursing homes, 1148
drug manufacturers, and any other related professions and 1149
facilities with the exception of the medical, dental, nursing, 1150
optometric and veterinary professions. The State Board of Medical 1151
Licensure is responsible for regulating and checking the 1152
legitimate drug traffic among physicians, podiatrists and 1153
veterinarians. The Mississippi Board of Dental Examiners is 1154
responsible for regulating and checking the legitimate drug 1155
traffic among dentists and dental hygienists. The Mississippi 1156
Board of Nursing is responsible for regulating and checking the 1157
legitimate drug traffic among nurses. The State Board of 1158
Optometry is responsible for regulating and checking the 1159
legitimate drug traffic among optometrists. 1160
(c) The provisions of this section shall not be construed to 1161
limit or preclude the detection or arrest of persons in violation 1162
of Section 41-29-139 by any local law enforcement officer, 1163
sheriff, deputy sheriff or peace officer. 1164
(d) Agents of the bureau are authorized to investigate the 1165
circumstances of deaths which are caused by drug overdose or which 1166
are believed to be caused by drug overdose, and health care 1167
providers, coroners and law enforcement officers shall notify the 1168
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bureau of any death caused by a drug overdose within twenty-four 1169
(24) hours. 1170
(e) Any person who shall impersonate in any way the director 1171
or any agent, or who shall in any manner hold himself out as 1172
being, or represent himself as being, an officer or agent of the 1173
Mississippi Bureau of Narcotics shall be guilty of a misdemeanor, 1174
and upon conviction thereof shall be punished by a fine of not 1175
less than One Hundred Dollars ($100.00) nor more than Five Hundred 1176
Dollars ($500.00) or by imprisonment for not more than one (1) 1177
year, or by both such fine and imprisonment. 1178
SECTION 13. Section 41-29-161, Mississippi Code of 1972, is 1179
amended as follows: 1180
41-29-161. Any officer or employee of the Mississippi Bureau 1181
of Drug Enforcement who is authorized to investigate, carry 1182
firearms, serve search warrants in compliance with Section 1 of 1183
this act, and do all things as set forth in this article shall 1184
prior to entering upon the discharge of his duties enter into a 1185
good and sufficient surety bond in the sum of Ten Thousand Dollars 1186
($10,000.00) with a surety company authorized and doing business 1187
within the State of Mississippi. The said bond herein is 1188
conditioned upon the faithful performance of the duties of his 1189
office. All premiums shall be paid as are other expenses of the 1190
bureau. 1191
SECTION 14. Section 43-13-221, Mississippi Code of 1972, is 1192
amended as follows: 1193
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43-13-221. The Attorney General, acting through the Director 1194
of the Fraud Control Unit, may, in any case involving alleged 1195
violations of this article, conduct an investigation or 1196
prosecution. In conducting such actions, the Attorney General, 1197
acting through the director, shall have all the powers of a 1198
district attorney, including the powers to issue or cause to be 1199
issued subpoenas or other process. 1200
Persons employed by the Attorney General as investigators in 1201
the Medicaid Fraud Control Unit shall serve as law enforcement 1202
officers as defined in Section 45-6-3, and they shall be empowered 1203
to make arrests and to serve and execute search warrants in 1204
compliance with Section 1 of this act and other valid legal 1205
process anywhere within the State of Mississippi. 1206
SECTION 15. Section 43-13-229, Mississippi Code of 1972, is 1207
amended as follows: 1208
43-13-229. (1) During any investigation under this article, 1209
the Attorney General, acting through the Director of the Fraud 1210
Control Unit, shall have the right to audit and to inspect the 1211
records of any health care provider or vendor of Medicaid 1212
benefits. 1213
(2) Reimbursement under the Medicaid program shall not be 1214
available for services furnished by a provider or vendor who is 1215
otherwise eligible for Medicaid benefits during any period when 1216
such provider or vendor has refused to provide the Attorney 1217
General and the Director of the Fraud Control Unit such 1218
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information as the unit may request in order to complete its 1219
investigation. 1220
(3) Suspension of Medicaid reimbursement payments shall 1221
continue during all periods during which any part of any requested 1222
records are not produced, notwithstanding any administrative, 1223
legal or other proceedings which may be brought or maintained by 1224
such provider or vendor or by any other party to forestall, modify 1225
or prevent the request for records. 1226
(4) As used in this section, "requested records" means those 1227
records required by the unit for investigative or prosecutorial 1228
purposes, and requested by subpoena, subpoena duces tecum, grand 1229
jury subpoena, administrative demand, search warrant executed in 1230
compliance with Section 1 of this act, or other process, demand or 1231
written request. 1232
SECTION 16. Section 45-11-1, Mississippi Code of 1972, is 1233
amended as follows: 1234
45-11-1. (1) The Commissioner of Insurance is by virtue of 1235
his office the State Fire Marshal and shall appoint the State 1236
Chief Deputy Fire Marshal who, along with his employees, shall be 1237
designated as a division of the Insurance Department. The State 1238
Chief Deputy Fire Marshal shall be a person qualified by 1239
experience and training and thoroughly knowledgeable in the areas 1240
of arson investigation and prevention, fire prevention, fire 1241
fighting and the training of firemen. The State Chief Deputy Fire 1242
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Marshal shall serve at the will and pleasure of the Commissioner 1243
of Insurance. 1244
(2) The State Chief Deputy Fire Marshal shall employ such 1245
deputy state fire marshals as are necessary and in accordance with 1246
availability of funds. Deputy fire marshals shall be deployed 1247
across the state in order to provide effective service to fire 1248
scenes. 1249
(3) It shall be the duty of the State Chief Deputy Fire 1250
Marshal to investigate, by himself or his deputy, the origin of 1251
every fire occurring within the state to which his attention is 1252
called by the chief of the fire department or other law 1253
enforcement authority of any county or municipality. It shall 1254
also be his duty to investigate any case requested by any party in 1255
interest, whenever, in his judgment, there be sufficient evidence 1256
or circumstances indicating that such fire may be of incendiary 1257
origin. All county and municipal law enforcement authorities 1258
shall cooperate with the State Chief Deputy Fire Marshal in such 1259
investigation. This section shall not be construed to impair the 1260
duty and power of county and municipal law enforcement authorities 1261
to investigate any fire occurring within his or their 1262
jurisdiction. 1263
(4) (a) The State Chief Deputy Fire Marshal and deputy 1264
state fire marshals shall have the following powers: 1265
(i) To arrest without warrant subject to the 1266
provisions of Section 1 of this act any person or persons 1267
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committing or attempting to commit any misdemeanor or felony 1268
within their presence or view but only such violations of law or 1269
violations of regulations adopted pursuant to this chapter or 1270
Chapter 49, Title 75, Mississippi Code of 1972; 1271
(ii) To pursue and so arrest any person committing 1272
an offense as described under subparagraph (i) of this paragraph 1273
to and at any place in the State of Mississippi where he may go or 1274
be; 1275
(iii) To execute all warrants and search warrants 1276
in compliance with Section 1 of this act related to, and 1277
investigate any violation of the laws and regulations related to 1278
this chapter and Chapter 49, Title 75, Mississippi Code of 1972, 1279
and prevent, arrest and apprehend such violators; and 1280
(iv) To aid and assist any peace officer of this 1281
state or any other state if requested, or in manhunts or natural 1282
disasters within the state, and upon the consent of the State Fire 1283
Marshal, within the jurisdiction of the called event. 1284
(b) Nothing herein shall be construed as granting the 1285
State Chief Deputy Fire Marshal or deputy state fire marshals 1286
general police powers. 1287
(c) All deputy state fire marshals hired on or after 1288
July 1, 2013, shall be required to complete or have completed the 1289
Law Enforcement Officers Training Program and shall meet the 1290
standards of the program. 1291
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(5) The State Chief Deputy Fire Marshal shall maintain in 1292
his office a record of all fires investigated by him or his 1293
deputy, including evidence obtained as to the origin of each such 1294
fire. 1295
(6) Such record shall at all times be subject to inspection 1296
by any party of interest in the fire loss; provided, however, that 1297
no record or report of an investigation shall be subject to 1298
inspection pending such investigation or while same is in 1299
progress, and if a report of an investigation contains any 1300
evidence of arson or other felony, same shall not be subject to 1301
inspection by any person other than the district attorney and 1302
county attorney of the county in which such evidence indicates 1303
that arson or other felony may have been committed, except upon 1304
the written approval of such district attorney or the order of a 1305
court of competent jurisdiction. Provided that in cases where a 1306
person has been arrested for the crimes of arson, attempted arson, 1307
or any other felony, the defendant or his attorney shall have 1308
access to these records. Any physical evidence of arson or other 1309
felony shall be delivered to the custody of the sheriff of the 1310
county wherein such fire occurred. 1311
(7) The State Chief Deputy Fire Marshal may appoint, with 1312
the consent of the Commissioner of Insurance, a State Chief 1313
Assistant Deputy Fire Marshal, who shall have power, during the 1314
chief deputy's absence or inability to act due to any cause, to 1315
perform any and all of the duties of the chief deputy. The chief 1316
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assistant deputy shall serve at the will and pleasure of the 1317
Commissioner of Insurance. 1318
SECTION 17. Section 47-5-28, Mississippi Code of 1972, is 1319
amended as follows: 1320
47-5-28. The commissioner shall have the following powers 1321
and duties: 1322
(a) To implement and administer laws and policy 1323
relating to corrections and coordinate the efforts of the 1324
department with those of the federal government and other state 1325
departments and agencies, county governments, municipal 1326
governments, and private agencies concerned with providing 1327
offender services; 1328
(b) To establish standards, in cooperation with other 1329
state agencies having responsibility as provided by law, provide 1330
technical assistance, and exercise the requisite supervision as it 1331
relates to correctional programs over all state-supported adult 1332
correctional facilities and community-based programs; 1333
(c) To promulgate and publish such rules, regulations 1334
and policies of the department as are needed for the efficient 1335
government and maintenance of all facilities and programs in 1336
accord insofar as possible with currently accepted standards of 1337
adult offender care and treatment; 1338
(d) To provide the Parole Board with suitable and 1339
sufficient office space and support resources and staff necessary 1340
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to conduct Parole Board business under the guidance of the 1341
Chairman of the Parole Board; 1342
(e) To contract for transitional reentry center beds 1343
that will be used as noncorrections housing for offenders released 1344
from the department on parole, probation or post-release 1345
supervision but do not have appropriate housing available upon 1346
release. At least one hundred (100) but no more than eight 1347
hundred (800) transitional reentry center beds contracted by the 1348
department and chosen by the Parole Board shall be available for 1349
the Parole Board to place parolees without appropriate housing; 1350
(f) To designate deputy commissioners while performing 1351
their officially assigned duties relating to the custody, control, 1352
transportation, recapture or arrest of any offender within the 1353
jurisdiction of the department or any offender of any jail, 1354
penitentiary, public workhouse or overnight lockup of the state or 1355
any political subdivision thereof not within the jurisdiction of 1356
the department, to the status of peace officers anywhere in the 1357
state in any matter relating to the custody, control, 1358
transportation or recapture of such offender, and shall have the 1359
status of law enforcement officers and peace officers as 1360
contemplated by Sections 45-6-3, 97-3-7 and 97-3-19. 1361
For the purpose of administration and enforcement of this 1362
chapter, deputy commissioners of the Mississippi Department of 1363
Corrections, who are certified by the Mississippi Board on Law 1364
Enforcement Officer Standards and Training, have the powers of a 1365
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law enforcement officer of this state. Such powers shall include 1366
to make arrests and to serve and execute search warrants and other 1367
valid legal process anywhere within the State of Mississippi in 1368
compliance with Section 1 of this act, while performing their 1369
officially assigned duties relating to the custody, control, 1370
transportation, recapture or arrest of any offender within the 1371
jurisdiction of the department or any offender of any jail, 1372
penitentiary, public workhouse or overnight lockup of the state or 1373
any political subdivision thereof not within the jurisdiction of 1374
the department in any matter relating to the custody, control, 1375
transportation or recapture of such offender; 1376
(g) To make an annual report to the Governor and the 1377
Legislature reflecting the activities of the department and make 1378
recommendations for improvement of the services to be performed by 1379
the department; 1380
(h) To cooperate fully with periodic independent 1381
internal investigations of the department and to file the report 1382
with the Governor and the Legislature; 1383
(i) To contract with licensed special care facilities 1384
for paroled inmates to provide authorized medical services and 1385
support services for medically frail inmates who have been paroled 1386
and who have voluntary submitted to the Department of Corrections 1387
an address to one of the licensed care facilities to receive such 1388
services; and 1389
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(j) To perform such other duties necessary to 1390
effectively and efficiently carry out the purposes of the 1391
department as may be directed by the Governor. 1392
SECTION 18. Section 49-1-43, Mississippi Code of 1972, is 1393
amended as follows: 1394
49-1-43. (1) The director shall have general supervision 1395
and control of all conservation officers, and shall enforce all 1396
the laws and regulations of the state relating to wild animals, 1397
birds and fish, and shall exercise all necessary powers incident 1398
thereto not specifically conferred on the department. 1399
(2) The director, with the approval of the commission, shall 1400
make to the Governor and the Legislature a report covering the 1401
operation of the department for the preceding fiscal year. 1402
(3) It shall be the duty of all conservation officers to 1403
enforce, and to obey and carry out all instructions and directions 1404
of the department with respect to the enforcement of the laws and 1405
regulations relating to wild animals, birds and fish. 1406
(4) The director and each conservation officer shall have 1407
power, and it shall be the duty of the director and of each 1408
conservation officer: 1409
(a) To execute all warrants and search warrants for a 1410
violation of the laws and regulations relating to wild animals, 1411
birds and fish and to serve subpoenas issued for the examination 1412
and investigation or trial of offenses against any of the laws or 1413
regulations; 1414
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(b) To search where the conservation officer has cause 1415
to believe and does believe that animals, birds or fish, or any 1416
parts thereof, or the nest or eggs of birds, or spawn or eggs of 1417
fish are possessed in violation of law or regulation and in such 1418
case to examine, without warrant, the contents of any boat, car, 1419
automobile or other vehicle, box, locker, basket, creel, crate, 1420
game bag or other package, to ascertain whether any law or 1421
regulation for the protection of animals, birds or fish have been 1422
or are being violated, and to use such force as may be necessary 1423
for the purpose of such examination and inspection; 1424
(c) With a search warrant to search and examine the 1425
contents of any dwelling house, room, building or premises of any 1426
person suspected of violating any law or regulation, to seize all 1427
animals, birds or fish, or parts thereof, or nests or eggs of 1428
birds taken in violation of law or regulation, or showing evidence 1429
of illegal taking and to seize and confiscate all devices 1430
illegally used in taking animals, birds or fish; 1431
(d) To arrest, without warrant, any person committing 1432
or attempting to commit a misdemeanor, felony or a breach of the 1433
peace within his presence or view and to pursue and so arrest any 1434
person committing an offense in any place in the state where the 1435
person may go or be; to aid and assist any peace officer of this 1436
state or any other state if requested, in manhunts or natural 1437
disasters within the state; and 1438
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(e) To exercise other powers of peace officers in the 1439
enforcement of game laws or regulations or of a judgment for the 1440
violation thereof, as are not herein specifically provided. 1441
(5) In all cases of arrest without warrant, the person 1442
making such arrest must inform the accused of the object and cause 1443
of the arrest in compliance with Section 1 of this act, except 1444
when he is in the actual commission of the offense or is arrested 1445
on pursuit. 1446
(6) No conservation officer shall compromise or settle out 1447
of court any violation of this chapter, or any law or regulation 1448
for the protection of wild animals, birds or fish. 1449
(7) Nothing in this section shall be construed as granting 1450
conservation officers general police powers. 1451
(8) Citations issued by a conservation officer for any 1452
violation of the laws for the protection of wild animals, birds 1453
and fish, the trespass laws, the litter laws, and the boating laws 1454
shall be issued on a uniform citation form consisting of an 1455
original and at least two (2) copies. Such citation shall show, 1456
among other necessary information, the name of the issuing 1457
officer, the name of the court in which the cause is to be heard, 1458
and the date and time the person charged with a violation is to 1459
appear to answer the charge. The uniform citation form shall make 1460
a provision on it for information that will constitute a complaint 1461
charging the offense for which the citation was issued and, when 1462
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duly sworn to and filed with a court of competent jurisdiction, 1463
prosecution may proceed under that complaint. 1464
SECTION 19. Section 49-15-21, Mississippi Code of 1972, is 1465
amended as follows: 1466
49-15-21. (1) The executive director shall appoint the 1467
necessary enforcement officers for the administration of this 1468
chapter. The salary of all enforcement officers employed shall be 1469
as determined by the State Personnel Board. However, the members 1470
of the Enforcement Officers' Reserve Unit created in subsection 1471
(4) shall serve without pay, and shall not be employees of the 1472
State of Mississippi for purposes of the State Personnel System, 1473
the Workers' Compensation Law, the Public Employees' Retirement 1474
System or the State Employees Life and Health Insurance Plan. 1475
(2) All enforcement officers shall be experienced and 1476
qualified persons thoroughly familiar with the seafood business 1477
and shall be at least twenty-one (21) years of age and be a high 1478
school graduate or its equivalent. The enforcement officers shall 1479
diligently enforce all laws and regulations for the protection, 1480
propagation, preservation or conservation of all saltwater aquatic 1481
life of the State of Mississippi, and they are hereby constituted 1482
peace officers of the State of Mississippi, with full police power 1483
and jurisdiction to enforce all laws of the State of Mississippi, 1484
inclusive of all federal laws within the jurisdiction of the State 1485
of Mississippi and waters and resources under management of the 1486
state, and all regulations adopted and promulgated by the 1487
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department. Enforcement officers may exercise such powers in any 1488
county of the State of Mississippi and on any waters of the state, 1489
and they are hereby authorized to carry firearms or other weapons, 1490
concealed or otherwise, and they shall investigate all persons, 1491
corporations and otherwise who are alleged to have violated any 1492
laws, and make affidavits, arrests and serve papers of any court 1493
of competent jurisdiction, in like manner as is provided for 1494
sheriffs and deputy sheriffs, when the same shall be in connection 1495
with the enforcement of the seafood laws of the State of 1496
Mississippi and such other laws and regulations of this state as 1497
the department may designate. The enforcement officers may seize 1498
at any time aquatic life caught, taken or transported in a manner 1499
contrary to the laws of this state, and may confiscate and dispose 1500
of the same. Any net or other paraphernalia used or employed in 1501
connection with a violation may be seized, and forfeiture 1502
proceedings may be instituted. Enforcement officers may draft the 1503
aid of captains, crews and boats or licensed vessels to enforce 1504
this chapter and may, without warrant, board and search vessels or 1505
vehicles. The application for any license or permit from the 1506
department to catch, fish, take, transport or handle or process 1507
any form of aquatic life, or the taking, catching, transporting or 1508
handling or processing of any and all aquatic life in this state 1509
shall constitute acquiescence and agreement upon the part of the 1510
owners, captains and crews, employers and dealers to the 1511
provisions of this chapter and the agreement that enforcement 1512
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officers may exercise the authority granted under the provisions 1513
hereof. 1514
(3) Prior to entering into performance of their duties or 1515
delegations or as soon after appointment as possible, each 1516
enforcement officer, at the expense of the department, shall 1517
attend and complete an appropriate curriculum in the field of law 1518
enforcement at the Mississippi Law Enforcement Officers' Training 1519
Academy or other law enforcement training program approved under 1520
Section 45-6-7. However, members of the Enforcement Officers' 1521
Reserve Unit created in subsection (4) of this section may attend 1522
the Mississippi Law Enforcement Officers' Training Academy at the 1523
expense of the department if it deems the training necessary or 1524
desirable. No enforcement officer shall be entitled to payment of 1525
salary after the first twelve (12) months in office if he has 1526
either failed to attend the academy or has failed to comply with 1527
other qualifications or successfully complete any law enforcement 1528
qualification examinations as the director deems necessary. The 1529
enforcement officers shall, on a periodic basis, be required to 1530
attend additional advanced courses in law enforcement in order 1531
that they will be properly improved and trained in the modern, 1532
technical advances of law enforcement. 1533
(4) (a) There is hereby created an Enforcement Officers' 1534
Reserve Unit, hereinafter termed "the reserve," to assist the 1535
enforcement officers in the performance of their duties under this 1536
chapter. The reserve shall consist of volunteers who are approved 1537
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by the Executive Director of the Department of Marine Resources or 1538
his designee. The members of the reserve shall serve without pay. 1539
Reserve officers shall be in such numbers as determined by the 1540
enforcement needs, with the maximum strength of reserve officers 1541
limited to the same number as enforcement officers. 1542
(b) To be eligible for membership in the reserve, an 1543
applicant must be twenty-one (21) years of age, be a high school 1544
graduate or its equivalent, be in good physical condition, have a 1545
Mississippi driver's license, be in good standing with the 1546
community, be available for training and duty, not be a member of 1547
any police, auxiliary police, civil defense, or private security 1548
agency, have never been convicted of a felony, and have one (1) of 1549
the following: 1550
(i) An honorable discharge or honorable separation 1551
certificate from one (1) of the United States military services; 1552
(ii) Three (3) years of responsible post-high 1553
school work experience that required the ability to deal 1554
effectively with individuals and groups of persons; 1555
(iii) Successful completion of sixty (60) semester 1556
hours at an accredited college or university; or 1557
(iv) The qualifications as are outlined in this 1558
section for enforcement officers. 1559
Members of the immediate family of enforcement officers shall 1560
not be eligible for the reserve unless a special waiver is 1561
granted. 1562
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Upon acceptance into the reserve, members shall receive a 1563
temporary appointment for one (1) year. During this year of 1564
temporary status, members must successfully complete the required 1565
training and must qualify on the same firearms course as 1566
enforcement officers. 1567
(c) The reserve shall be under the leadership and 1568
direction of the executive director or his designee. The training 1569
of the reserve shall be conducted by an enforcement officer. The 1570
reserve shall meet at least once each month for the purpose of 1571
training and transacting any business as may come before it. The 1572
executive director shall be notified in writing of all meetings of 1573
the reserve and the time and place of the meetings shall be 1574
recorded with the executive director. The executive director 1575
shall prepare a reserve officer's manual with the advice and 1576
consent of the department. The manual shall include, but is not 1577
limited to, the following: activities and operations, training, 1578
administration and duties. During active service, the reserve 1579
shall be under the direction of the executive director or his 1580
designated representative. When a reserve officer is on active 1581
duty and assigned to a specific enforcement officer, he shall be 1582
under the direct supervision of that officer. Reserve officers 1583
serve at the discretion of the executive director and may be 1584
dismissed by him. Reserve officers shall furnish their own 1585
uniforms and other personal equipment if the executive director 1586
does not provide such items. 1587
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(d) The executive director may require members of the 1588
Enforcement Officers' Reserve Unit to attend officer reserve 1589
training programs conducted by county or municipal agencies. 1590
(e) The executive director may issue uniforms to such 1591
reserve officers and may authorize the issuance of any state 1592
equipment necessary for the reserve officers to adequately assist 1593
law enforcement officers. The executive director may develop a 1594
reserve officer identification system to accomplish the issuance 1595
of such items in accordance with the State Auditor guidelines. 1596
(f) If the executive director determines that a member 1597
of the Enforcement Officers' Reserve Unit may attend a training 1598
program as authorized under this section, it shall require that 1599
reserve officer to sign an agreement, prior to attending a 1600
training program, which shall stipulate that if the reserve 1601
officer accepts employment from any other public or private law 1602
enforcement agency within three (3) years after completion of his 1603
training program, the reserve officer or the respective hiring law 1604
enforcement agency shall reimburse the department for the total 1605
cost of his training program. By October 1 of each year, the 1606
department shall provide the Conservation and Water Resources 1607
Committee of the Mississippi House of Representatives and the 1608
Ports and Marine Resources Committee of the Mississippi Senate a 1609
listing which contains each name and the respective cost of 1610
training each reserve officer received during the previous year. 1611
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Any warrants executed under the authority of this section shall be 1612
executed in compliance with Section 1 of this act. 1613
SECTION 20. Section 67-1-17, Mississippi Code of 1972, is 1614
amended as follows: 1615
67-1-17. (1) It shall be unlawful for any person to have or 1616
possess either alcoholic beverages or personal property intended 1617
for use in violating the provisions of this article, or 1618
regulations prescribed under this article, or Chapter 31 of Title 1619
97, Mississippi Code of 1972. No property rights shall exist in 1620
any such personal property or alcoholic beverages. All such 1621
personal property and alcoholic beverages shall be considered 1622
contraband and shall be seized and forfeited to the State of 1623
Mississippi. 1624
(2) The following are subject to forfeiture: 1625
(a) All alcoholic beverages which have been 1626
manufactured, distilled, distributed, dispensed or acquired in 1627
violation of this article or Chapter 31 of Title 97, Mississippi 1628
Code of 1972; 1629
(b) All raw materials, products and equipment of any 1630
kind which are used, or intended for use, in manufacturing, 1631
compounding, processing, delivering, importing or exporting any 1632
alcoholic beverage in violation of this article or Chapter 31 of 1633
Title 97, Mississippi Code of 1972; 1634
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(c) All property which is used, or intended for use, as 1635
a container for property described in items (a) or (b) of this 1636
subsection; 1637
(d) All conveyances, including aircraft, vehicles or 1638
vessels, which are used, or intended for use, to transport, or in 1639
any manner to facilitate the transportation, for the purpose of 1640
sale or receipt, possession or concealment, of property described 1641
in item (a) of this subsection which is in excess of six (6) 1642
gallons or of property described in item (b) of this subsection; 1643
however, 1644
(i) No conveyance used by any person as a common 1645
carrier in the transaction of business as a common carrier is 1646
subject to forfeiture under this section unless it appears that 1647
the owner or other person in charge of the conveyance is a 1648
consenting party or privy to a violation of this article or 1649
Chapter 31 of Title 97, Mississippi Code of 1972; 1650
(ii) No conveyance is subject to forfeiture under 1651
this section by reason of any act or omission proved by the owner 1652
thereof to have been committed or omitted without his knowledge or 1653
consent; if the confiscating authority has reason to believe that 1654
the conveyance is a leased or rented conveyance, then the 1655
confiscating authority shall notify the owner of the conveyance 1656
within five (5) days of the confiscation; and 1657
(iii) A forfeiture of a conveyance encumbered by a 1658
bona fide security interest is subject to the interest of the 1659
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secured party if he neither had knowledge of nor consented to the 1660
act or omission; 1661
(e) All money, deadly weapons, books, records and 1662
research products and materials, including formulas, microfilm, 1663
tapes and data which are used, or intended for use, in violation 1664
of this article or Chapter 31 of Title 97, Mississippi Code of 1665
1972. 1666
(3) Property subject to forfeiture may be seized by the 1667
Alcoholic Beverage Control Division and its agents, local law 1668
enforcement officers, Mississippi Highway Patrol officers and 1669
other law enforcement personnel charged by Section 67-1-91, with 1670
enforcing the provisions of this article upon process issued by 1671
any appropriate court having jurisdiction over the property. 1672
Seizure without process may be made if: 1673
(a) The seizure is incident to an arrest or a search 1674
under a search warrant in compliance with Section 1 of this act or 1675
an administrative inspection under Section 67-1-37(k); 1676
(b) The property subject to seizure has been the 1677
subject of a prior judgment in favor of the state in a criminal 1678
injunction or forfeiture proceeding based upon this article or 1679
Chapter 31 of Article 97, Mississippi Code of 1972; or 1680
(c) The Alcoholic Beverage Control Division of the 1681
State Tax Commission and other law enforcement personnel described 1682
in this subsection have probable cause to believe that the 1683
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property was used or is intended to be used in violation of this 1684
article or Chapter 31 of Article 97, Mississippi Code of 1972. 1685
(4) Alcoholic beverages and raw materials seized or detained 1686
under the authority of this article or Chapter 31 of Title 97, 1687
Mississippi Code of 1972, is deemed to be in the custody of the 1688
agent or agency so seizing the property and subject only to the 1689
orders and decrees of the court having jurisdiction over the 1690
property. When such property is seized it may be retained as 1691
evidence until final disposition of the cause in which such 1692
property is involved, and then the agent or agency so seizing the 1693
property shall physically transfer such alcoholic beverage or raw 1694
material to the Director of the Alcoholic Beverage Control 1695
Division of the State Tax Commission together with an appropriate 1696
inventory of the items seized. Alcoholic beverages and raw 1697
materials seized or detained under the authority of this section 1698
shall be disposed of in accordance with the provisions of Section 1699
67-1-18. 1700
(5) Any property other than alcoholic beverages and raw 1701
materials seized or detained pursuant to this article or Chapter 1702
31 of Title 97, Mississippi Code of 1972, shall be deemed to be in 1703
the custody of the agent or agency so seizing the property and 1704
subject only to the orders and decrees of the court having 1705
jurisdiction over the property. When such property is seized it 1706
may be retained as evidence until the final disposition of the 1707
cause in which such property is involved. Property seized or 1708
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detained other than alcoholic beverages or raw materials shall be 1709
disposed of in accordance with the provisions of Sections 67-1-93, 1710
67-1-95 and 67-1-97. 1711
SECTION 21. Section 69-29-1, Mississippi Code of 1972, is 1712
amended as follows: 1713
69-29-1. (1) (a) There is established the Mississippi 1714
Agricultural and Livestock Theft Bureau. 1715
(b) The Commissioner of Agriculture and Commerce shall 1716
appoint a director of the Mississippi Agricultural and Livestock 1717
Theft Bureau. Such director shall have at least five (5) years of 1718
law enforcement experience. Such director shall be responsible 1719
solely to the supervision of the Commissioner of Agriculture and 1720
Commerce and to no other person or entity. Such director may be 1721
discharged only for just cause shown. 1722
(c) The director may employ twelve (12) agricultural 1723
and livestock theft investigators. Each investigator shall be 1724
certified as a law enforcement officer, successfully completing at 1725
least a nine-week training course, in accordance with Section 1726
45-6-11. The curriculum for the training of constables shall not 1727
be sufficient for meeting the certification requirements of this 1728
paragraph. In the selection of investigators under this section, 1729
preference shall be given to persons who have previous law 1730
enforcement experience. 1731
(d) The director appointed under this section, under 1732
the direction, control and supervision of the commissioner, and 1733
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the investigators employed under this section shall perform only 1734
the duties described in subsection (2) of this section and shall 1735
not be assigned any other duties. 1736
(2) The director appointed under this section and the 1737
investigators employed under this section shall have the following 1738
powers, duties and authority: 1739
(a) To enforce all of the provisions of Sections 1740
69-29-9 and 69-29-11, and particularly those portions requiring 1741
persons transporting livestock to have a bill of sale in their 1742
possession; to make investigations of violations of such sections 1743
and to arrest persons violating same; 1744
(b) To enforce all of the laws of this state enacted 1745
for the purpose of preventing the theft of livestock, poultry, 1746
timber and agricultural, aquacultural and timber products and 1747
implements; to make investigations of violations thereof and to 1748
arrest persons violating same; 1749
(c) To cooperate with all regularly constituted law 1750
enforcement officers relative to the matters herein set forth; 1751
(d) To serve warrants and other process emanating from 1752
any court of lawful jurisdiction, including search warrants, in 1753
all matters herein set forth; 1754
(e) To carry proper credentials evidencing their 1755
authority, which shall be exhibited to any person making demand 1756
therefor; 1757
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(f) To make arrests without warrant in compliance with 1758
Section 1 of this act in all matters herein set forth in cases 1759
where same is authorized under the constitutional and general laws 1760
of this state; 1761
(g) To handle the registration of brands of cattle and 1762
livestock; 1763
(h) To investigate, prevent, apprehend and arrest those 1764
persons anywhere in the state who are violating any of the laws 1765
administered by the Department of Agriculture and Commerce, 1766
including, but not limited to, all agriculture-related crimes; 1767
(i) To access and examine records of any person, 1768
business or entity that harvests, loads, carries, receives or 1769
manufactures timber products as defined in this section. Each 1770
such person or entity shall permit the director or any 1771
investigator of the Mississippi Agricultural and Livestock Theft 1772
Bureau to examine records of the sale, transfer or purchase of 1773
timber or timber products, including, but not limited to, 1774
contracts, load tickets, settlement sheets, drivers' logs, 1775
invoices, checks and any other records or documents related to an 1776
ongoing investigation of the Mississippi Agricultural and 1777
Livestock Theft Bureau; 1778
(j) To conduct training for law enforcement regarding 1779
laws enforced by the bureau and to assist any other law 1780
enforcement agencies in responding to matters that may be related 1781
to agriculture and commerce in the State of Mississippi and in 1782
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cases of natural disasters or other disasters to respond as needed 1783
or as requested by other agencies; and 1784
(k) To maintain a registry of reports of stolen 1785
agriculture-related vehicles. 1786
(3) The Commissioner of Agriculture and Commerce shall 1787
furnish such investigators with such vehicles, equipment and 1788
supplies as may be necessary. All expenses of same, and all other 1789
expenses incurred in the administration of this section, shall be 1790
paid from such appropriation as may be made by the Legislature. 1791
(4) The Mississippi Department of Revenue and its agents and 1792
employees shall cooperate with such investigators by furnishing to 1793
them information as to any possible or suspected violations of any 1794
of the laws mentioned herein, including specifically Section 1795
69-29-27, and in any other lawful manner. 1796
(5) The conservation officers of the Department of Wildlife, 1797
Fisheries and Parks are authorized to cooperate with and assist 1798
the agricultural and livestock theft investigators in the 1799
enforcement and apprehension of violators of laws regarding 1800
agricultural and livestock theft. 1801
(6) The Mississippi Forestry Commission employees are 1802
excluded from any timber and timber products theft investigative 1803
responsibilities except when technical expertise is needed and 1804
requested through the State Forester or his designee. 1805
(7) For the purposes of this section, "timber product" means 1806
timber of all kinds, species or sizes, including, but not limited 1807
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to, logs, lumber, poles, pilings, posts, blocks, bolts, cordwood 1808
and pulpwood, pine stumpwood, pine knots or other distillate wood, 1809
crossties, turpentine (crude gum), pine straw, firewood and all 1810
other products derived from timber or trees that have a sale or 1811
commercial value. 1812
SECTION 22. Section 93-29-17, Mississippi Code of 1972, is 1813
amended as follows: 1814
93-29-17. Warrant to take physical custody of child. (a) 1815
If a petition under this chapter contains allegations, and the 1816
court finds that there is a credible risk that the child is 1817
imminently likely to be wrongfully removed, the court may issue an 1818
ex parte warrant to take physical custody of the child. 1819
(b) The respondent on a petition under subsection (a) must 1820
be afforded an opportunity to be heard at the earliest possible 1821
time after the ex parte warrant is executed, but not later than 1822
the next judicial day unless a hearing on that date is impossible. 1823
In that event, the court shall hold the hearing on the first 1824
judicial day possible. 1825
(c) An ex parte warrant under subsection (a) to take 1826
physical custody of a child must: 1827
(1) Recite the facts upon which a determination of a 1828
credible risk of imminent wrongful removal of the child is based; 1829
(2) Direct law enforcement officers to take physical 1830
custody of the child immediately; 1831
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(3) State the date and time for the hearing on the 1832
petition; and 1833
(4) Provide for the safe interim placement of the child 1834
pending further order of the court. 1835
(d) If feasible, before issuing a warrant and before 1836
determining the placement of the child after the warrant is 1837
executed, the court may order a search of the relevant databases 1838
of the National Crime Information Center system and similar state 1839
databases to determine if either the petitioner or respondent has 1840
a history of domestic violence, stalking or child abuse or 1841
neglect. 1842
(e) The petition and warrant must be served on the 1843
respondent when or immediately after the child is taken into 1844
physical custody and in compliance with Section 1 of this act. 1845
(f) A warrant to take physical custody of a child, issued by 1846
this state or another state, is enforceable throughout this state. 1847
If the court finds that a less intrusive remedy will not be 1848
effective, it may authorize law enforcement officers to enter 1849
private property to take physical custody of the child. If 1850
required by exigent circumstances, the court may authorize law 1851
enforcement officers to make a forcible entry at any hour. 1852
(g) If the court finds, after a hearing, that a petitioner 1853
sought an ex parte warrant under subsection (a) for the purpose of 1854
harassment or in bad faith, the court may award the respondent 1855
reasonable attorney's fees, costs and expenses. 1856
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(h) This chapter does not affect the availability of relief 1857
allowed under the law of this state other than this chapter. 1858
SECTION 23. Section 97-3-54.7, Mississippi Code of 1972, is 1859
amended as follows: 1860
97-3-54.7. (1) In addition to any other civil or criminal 1861
penalties provided by law, any property used in the commission of 1862
a violation of this act shall be forfeited as provided herein. 1863
(a) The following property shall be subject to 1864
forfeiture if used or intended for use as an instrumentality in or 1865
used in furtherance of a violation of this act: 1866
(i) Conveyances, including aircraft, vehicles or 1867
vessels; 1868
(ii) Books, records, telecommunication equipment, 1869
or computers; 1870
(iii) Money or weapons; 1871
(iv) Everything of value furnished, or intended to 1872
be furnished, in exchange for an act in violation and all proceeds 1873
traceable to the exchange; 1874
(v) Negotiable instruments and securities; 1875
(vi) Any property, real or personal, directly or 1876
indirectly acquired or received in a violation or as an inducement 1877
to violate; 1878
(vii) Any property traceable to proceeds from a 1879
violation; and 1880
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(viii) Any real property, including any right, 1881
title and interest in the whole of or any part of any lot or tract 1882
of land used in furtherance of a violation of this act. 1883
(b) (i) No property used by any person as a common 1884
carrier in the transaction of business as a common carrier is 1885
subject to forfeiture under this section unless it appears that 1886
the owner or other person in charge of the property is a 1887
consenting party or privy to a violation of this act; 1888
(ii) No property is subject to forfeiture under 1889
this section by reason of any act or omission proved by the owner 1890
thereof to have been committed or omitted without his knowledge or 1891
consent; if the confiscating authority has reason to believe that 1892
the property is a leased or rented property, then the confiscating 1893
authority shall notify the owner of the property within five (5) 1894
days of the confiscation or within five (5) days of forming reason 1895
to believe that the property is a leased or rented property; 1896
(iii) Forfeiture of a property encumbered by a 1897
bona fide security interest is subject to the interest of the 1898
secured party if he neither had knowledge of nor consented to the 1899
act or omission. 1900
(2) No property shall be forfeited under the provisions of 1901
this section, to the extent of the interest of an owner, by reason 1902
of any act or omission established by him to have been committed 1903
or omitted without his knowledge or consent. 1904
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(3) Seizure without process may be made if the seizure is 1905
incident to an arrest or a search under a search warrant in 1906
compliance with Section 1 of this act, or an inspection under an 1907
administrative inspection warrant. 1908
(4) (a) When any property is seized under this section, 1909
proceedings shall be instituted within a reasonable period of time 1910
from the date of seizure or the subject property shall be 1911
immediately returned to the party from whom seized. 1912
(b) A petition for forfeiture shall be filed by the 1913
Attorney General or a district attorney in the name of the State 1914
of Mississippi, the county, or the municipality, and may be filed 1915
in the county in which the seizure is made, the county in which 1916
the criminal prosecution is brought, or the county in which the 1917
owner of the seized property is found. Forfeiture proceedings may 1918
be brought in the circuit court or the county court if a county 1919
court exists in the county and the value of the seized property is 1920
within the jurisdictional limits of the county court as set forth 1921
in Section 9-9-21. A copy of the petition shall be served upon 1922
the following persons by service of process in the same manner as 1923
in civil cases: 1924
(i) The owner of the property, if address is 1925
known; 1926
(ii) Any secured party who has registered his lien 1927
or filed a financing statement as provided by law, if the identity 1928
of the secured party can be ascertained by the entity filing the 1929
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petition by making a good faith effort to ascertain the identity 1930
of the secured party; 1931
(iii) Any other bona fide lienholder or secured 1932
party or other person holding an interest in the property in the 1933
nature of a security interest of whom the seizing law enforcement 1934
agency has actual knowledge; and 1935
(iv) Any person in possession of property subject 1936
to forfeiture at the time that it was seized. 1937
(5) If the property is a motor vehicle susceptible of 1938
titling under the Mississippi Motor Vehicle Title Law and if there 1939
is any reasonable cause to believe that the vehicle has been 1940
titled, inquiry of the Department of Revenue shall be made as to 1941
what the records of the Department of Revenue show as to who is 1942
the record owner of the vehicle and who, if anyone, holds any lien 1943
or security interest that affects the vehicle. 1944
(6) If the property is a motor vehicle and is not titled in 1945
the State of Mississippi, then an attempt shall be made to 1946
ascertain the name and address of the person in whose name the 1947
vehicle is licensed, and if the vehicle is licensed in a state 1948
which has in effect a certificate of title law, inquiry of the 1949
appropriate agency of that state shall be made as to what the 1950
records of the agency show as to who is the record owner of the 1951
vehicle and who, if anyone, holds any lien, security interest or 1952
other instrument in the nature of a security device that affects 1953
the vehicle. 1954
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(7) If the property is of a nature that a financing 1955
statement is required by the laws of this state to be filed to 1956
perfect a security interest affecting the property and if there is 1957
any reasonable cause to believe that a financing statement 1958
covering the security interest has been filed under the laws of 1959
this state, inquiry of the appropriate office designated in 1960
Section 75-9-501, shall be made as to what the records show as to 1961
who is the record owner of the property and who, if anyone, has 1962
filed a financing statement affecting the property. 1963
(8) If the property is an aircraft or part thereof and if 1964
there is any reasonable cause to believe that an instrument in the 1965
nature of a security device affects the property, inquiry of the 1966
Mississippi Department of Transportation shall be made as to what 1967
the records of the Federal Aviation Administration show as to who 1968
is the record owner of the property and who, if anyone, holds an 1969
instrument in the nature of a security device which affects the 1970
property. 1971
(9) If the answer to an inquiry states that the record owner 1972
of the property is any person other than the person who was in 1973
possession of it when it was seized, or states that any person 1974
holds any lien, encumbrance, security interest, other interest in 1975
the nature of a security interest, mortgage or deed of trust that 1976
affects the property, the record owner and also any lienholder, 1977
secured party, other person who holds an interest in the property 1978
in the nature of a security interest, or holder of an encumbrance, 1979
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mortgage or deed of trust that affects the property is to be named 1980
in the petition of forfeiture and is to be served with process in 1981
the same manner as in civil cases. 1982
(10) If the owner of the property cannot be found and served 1983
with a copy of the petition of forfeiture, or if no person was in 1984
possession of the property subject to forfeiture at the time that 1985
it was seized and the owner of the property is unknown, there 1986
shall be filed with the clerk of the court in which the proceeding 1987
is pending an affidavit to such effect, whereupon the clerk of the 1988
court shall publish notice of the hearing addressed to "the 1989
Unknown Owner of _______________," filling in the blank space with 1990
a reasonably detailed description of the property subject to 1991
forfeiture. Service by publication shall contain the other 1992
requisites prescribed in Section 11-33-41, and shall be served as 1993
provided in Section 11-33-37, for publication of notice for 1994
attachments at law. 1995
(11) No proceedings instituted pursuant to the provisions of 1996
this section shall proceed to hearing unless the judge conducting 1997
the hearing is satisfied that this section has been complied with. 1998
Any answer received from an inquiry required by this section shall 1999
be introduced into evidence at the hearing. 2000
(12) (a) An owner of a property that has been seized shall 2001
file an answer within thirty (30) days after the completion of 2002
service of process. If an answer is not filed, the court shall 2003
hear evidence that the property is subject to forfeiture and 2004
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forfeit the property to the seizing law enforcement agency. If an 2005
answer is filed, a time for hearing on forfeiture shall be set 2006
within thirty (30) days of filing the answer or at the succeeding 2007
term of court if court would not be in session within thirty (30) 2008
days after filing the answer. The court may postpone the 2009
forfeiture hearing to a date past the time any criminal action is 2010
pending against the owner upon request of any party. 2011
(b) If the owner of the property has filed an answer 2012
denying that the property is subject to forfeiture, then the 2013
burden is on the petitioner to prove that the property is subject 2014
to forfeiture. However, if an answer has not been filed by the 2015
owner of the property, the petition for forfeiture may be 2016
introduced into evidence and is prima facie evidence that the 2017
property is subject to forfeiture. The burden of proof placed 2018
upon the petitioner in regard to property forfeited under the 2019
provisions of this chapter shall be by a preponderance of the 2020
evidence. 2021
(c) At the hearing any claimant of any right, title or 2022
interest in the property may prove his lien, encumbrance, security 2023
interest, other interest in the nature of a security interest, 2024
mortgage or deed of trust to be bona fide and created without 2025
knowledge or consent that the property was to be used so as to 2026
cause the property to be subject to forfeiture. 2027
(d) If it is found that the property is subject to 2028
forfeiture, then the judge shall forfeit the property. However, 2029
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if proof at the hearing discloses that the interest of any bona 2030
fide lienholder, secured party, other person holding an interest 2031
in the property in the nature of a security interest, or any 2032
holder of a bona fide encumbrance, mortgage or deed of trust is 2033
greater than or equal to the present value of the property, the 2034
court shall order the property released to him. If the interest 2035
is less than the present value of the property and if the proof 2036
shows that the property is subject to forfeiture, the court shall 2037
order the property forfeited. 2038
(13) Unless otherwise provided herein, all personal property 2039
which is forfeited under this section shall be liquidated and, 2040
after deduction of court costs and the expense of liquidation, the 2041
proceeds shall be divided as follows: 2042
(a) If only one (1) law enforcement agency participates 2043
in the underlying criminal case out of which the forfeiture 2044
arises, fifty percent (50%) of the proceeds shall be forwarded to 2045
the State Treasurer and deposited in the Victims of Human 2046
Trafficking and Commercial Sexual Exploitation Fund, and fifty 2047
percent (50%) shall be deposited and credited to the budget of the 2048
participating law enforcement agency. 2049
(b) If more than one (1) law enforcement agency 2050
participates in the underlying criminal case out of which the 2051
forfeiture arises, fifty percent (50%) of the proceeds shall be 2052
forwarded to the State Treasurer and deposited in the Victims of 2053
Human Trafficking and Commercial Sexual Exploitation Fund, 2054
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twenty-five percent (25%) of the proceeds shall be deposited and 2055
credited to the budget of the law enforcement agency whose 2056
officers initiated the criminal case and twenty-five percent (25%) 2057
shall be divided equitably between or among the other 2058
participating law enforcement agencies, and shall be deposited and 2059
credited to the budgets of the participating law enforcement 2060
agencies. In the event that the other participating law 2061
enforcement agencies cannot agree on the division of their 2062
twenty-five percent (25%), a petition shall be filed by any one of 2063
them in the court in which the civil forfeiture case is brought 2064
and the court shall make an equitable division. 2065
(14) All money forfeited under this section shall be 2066
divided, deposited and credited in the same manner as provided in 2067
subsection (13). 2068
(15) All real estate forfeited under the provisions of this 2069
section shall be sold to the highest and best bidder at a public 2070
auction for cash, the auction to be conducted by the chief law 2071
enforcement officer of the initiating law enforcement agency, or 2072
his designee, at such place, on such notice and in accordance with 2073
the same procedure, as far as practicable, as is required in the 2074
case of sales of land under execution at law. The proceeds of the 2075
sale shall first be applied to the cost and expense in 2076
administering and conducting the sale, then to the satisfaction of 2077
all mortgages, deeds of trust, liens and encumbrances of record on 2078
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the property. The remaining proceeds shall be divided, forwarded 2079
and deposited in the same manner as provided in subsection (13). 2080
(16) (a) Any county or municipal law enforcement agency may 2081
maintain, repair, use and operate for official purposes all 2082
property described in subsection (1)(a)(i) of this section that 2083
has been forfeited to the agency if it is free from any interest 2084
of a bona fide lienholder, secured party or other party who holds 2085
an interest in the property in the nature of a security interest. 2086
The county or municipal law enforcement agency may purchase the 2087
interest of a bona fide lienholder, secured party or other party 2088
who holds an interest so that the property can be released for its 2089
use. If the property is a motor vehicle susceptible of titling 2090
under the Mississippi Motor Vehicle Title Law, the law enforcement 2091
agency shall be deemed to be the purchaser, and the certificate of 2092
title shall be issued to it as required by subsection (9) of this 2093
section. 2094
(b) (i) If a vehicle is forfeited to or transferred to 2095
a sheriff's department, then the sheriff may transfer the vehicle 2096
to the county for official or governmental use as the board of 2097
supervisors may direct. 2098
(ii) If a vehicle is forfeited to or transferred 2099
to a police department, then the police chief may transfer the 2100
vehicle to the municipality for official or governmental use as 2101
the governing authority of the municipality may direct. 2102
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(c) If a motor vehicle forfeited to a county or 2103
municipal law enforcement agency becomes obsolete or is no longer 2104
needed for official or governmental purposes, it may be disposed 2105
of in accordance with Section 19-7-5 or in the manner provided by 2106
law for disposing of municipal property. 2107
(17) The forfeiture procedure set forth in this section is 2108
the sole remedy of any claimant, and no court shall have 2109
jurisdiction to interfere therewith by replevin, injunction, 2110
supersedeas or in any other manner. 2111
SECTION 24. Section 97-17-4, Mississippi Code of 1972, is 2112
amended as follows: 2113
97-17-4. (1) All property, real or personal, including 2114
money, used in the course of, intended for use in the course of, 2115
derived from, or realized through, conduct in violation of a 2116
provision of Section 97-17-1 or 97-17-3 is subject to civil 2117
forfeiture to the state pursuant to the provisions of this 2118
section; provided, however, that a forfeiture of personal property 2119
encumbered by a bona fide security interest or real property 2120
encumbered by a bona fide mortgage, deed of trust, lien or 2121
encumbrance of record shall be subject to the interest of the 2122
secured party or subject to the interest of the holder of the 2123
mortgage deed of trust, lien of encumbrance of record if such 2124
secured party or holder neither had knowledge of or consented to 2125
the act or omission. 2126
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(2) Property subject to forfeiture may be seized by law 2127
enforcement officers upon process issued by any appropriate court 2128
having jurisdiction over the property. Seizure without process 2129
may be made if: 2130
(a) The seizure is incident to an arrest or a search 2131
under a search warrant in compliance with Section 1 of this act or 2132
an inspection under a lawful administrative inspection; 2133
(b) The property subject to seizure has been the 2134
subject of a prior judgment in favor of the state in a criminal 2135
injunction or forfeiture proceeding based upon this section. 2136
(3) When any property is seized pursuant to this section, 2137
proceedings under this section shall be instituted promptly. 2138
(4) (a) A petition for forfeiture shall be filed promptly 2139
in the name of the State of Mississippi with the clerk of the 2140
circuit court of the county in which the seizure is made. A copy 2141
of such petition shall be served upon the following persons by 2142
service of process in the same manner as in civil cases: 2143
(i) The owner of the property, if address is 2144
known; 2145
(ii) Any secured party who has registered his lien 2146
or filed a financing statement as provided by law, if the identity 2147
of such secured party can be ascertained by the state by making a 2148
good faith effort to ascertain the identity of such secured party 2149
as described in paragraphs (b), (c), (d), (e) and (f) of this 2150
subsection; 2151
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(iii) Any other bona fide lienholder or secured 2152
party or other person holding an interest in the property in the 2153
nature of a security interest of whom the state has actual 2154
knowledge; 2155
(iv) A holder of a mortgage, deed of trust, lien 2156
or encumbrance of record, if the property is real estate by making 2157
a good faith inquiry as described in paragraph (g) of this 2158
section; and 2159
(v) Any person in possession of property subject 2160
to forfeiture at the time that it was seized. 2161
(b) If the property is a motor vehicle susceptible of 2162
titling under the Mississippi Motor Vehicle Title Law and if there 2163
is any reasonable cause to believe that the vehicle has been 2164
titled, the state shall make inquiry of the * * * Department of 2165
Revenue as to what the records of the * * * Department of Revenue 2166
show as to who is the record owner of the vehicle and who, if 2167
anyone, holds any lien or security interest which affects the 2168
vehicle. 2169
(c) If the property is a motor vehicle and is not 2170
titled in the State of Mississippi, then the state shall attempt 2171
to ascertain the name and address of the person in whose name the 2172
vehicle is licensed, and if the vehicle is licensed in a state 2173
which has in effect a certificate of title law, the state shall 2174
make inquiry of the appropriate agency of that state as to what 2175
the records of the agency show as to who is the record owner of 2176
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the vehicle and who, if anyone, holds any lien, security interest, 2177
or other instrument in the nature of a security device which 2178
affects the vehicle. 2179
(d) If the property is of a nature that a financing 2180
statement is required by the laws of this state to be filed to 2181
perfect a security interest affecting the property and if there is 2182
any reasonable cause to believe that a financing statement 2183
covering the security interest has been filed under the laws of 2184
this state, the state shall make inquiry of the appropriate office 2185
designated in Section 75-9-501 as to what the records show as to 2186
who is the record owner of the property and who, if anyone, has 2187
filed a financing statement affecting the property. 2188
(e) If the property is an aircraft or part thereof and 2189
if there is any reasonable cause to believe that an instrument in 2190
the nature of a security device affects the property, then the 2191
state shall make inquiry of the administrator of the Federal 2192
Aviation Administration as to what the records of the 2193
administrator show as to who is the record owner of the property 2194
and who, if anyone, holds an instrument in the nature of a 2195
security device which affects the property. 2196
(f) In the case of all other personal property subject 2197
to forfeiture, if there is any reasonable cause to believe that an 2198
instrument in the nature of a security device affects the 2199
property, then the state shall make a good faith inquiry to 2200
identify the holder of any such instrument. 2201
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(g) If the property is real estate, the state shall 2202
make inquiry at the appropriate places to determine who is the 2203
owner of record and who, if anyone is a holder of a bona fide 2204
mortgage, deed of trust, lien or encumbrance. 2205
(h) In the event the answer to an inquiry states that 2206
the record owner of the property is any person other than the 2207
person who was in possession of it when it was seized, or states 2208
that any person holds any lien, encumbrance, security interest, 2209
other interest in the nature of a security interest, mortgage or 2210
deed of trust which affects the property, the state shall cause 2211
any record owner and also any lienholder, secured party, other 2212
person who holds an interest in the property in the nature of a 2213
security interest, or holder of an encumbrance, mortgage or deed 2214
of trust which affects the property to be named in the petition of 2215
forfeiture and to be served with process in the same manner as in 2216
civil cases. 2217
(i) If the owner of the property cannot be found and 2218
served with a copy of the petition of forfeiture, or if no person 2219
was in possession of the property subject to forfeiture at the 2220
time that it was seized and the owner of the property is unknown, 2221
the state shall file with the clerk of the court in which the 2222
proceeding is pending an affidavit to such effect, whereupon the 2223
clerk of the court shall publish notice of the hearing addressed 2224
to "the Unknown Owner of _______________," filling in the blank 2225
space with a reasonably detailed description of the property 2226
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subject to forfeiture. Service by publication shall contain the 2227
other requisites prescribed in Section 11-33-41, and shall be 2228
served as provided in Section 11-33-37 for publication of notice 2229
for attachments at law. 2230
(j) No proceedings instituted pursuant to the 2231
provisions of this article shall proceed to hearing unless the 2232
judge conducting the hearing is satisfied that this section has 2233
been complied with. Any answer received from an inquiry required 2234
by paragraphs (b) through (g) of this section shall be introduced 2235
into evidence at the hearing. 2236
(5) (a) An owner of property that has been seized shall 2237
file a verified answer within twenty (20) days after the 2238
completion of service of process. If no answer is filed, the 2239
court shall hear evidence that the property is subject to 2240
forfeiture and forfeit the property to the state. If an answer is 2241
filed, a time for hearing on forfeiture shall be set within thirty 2242
(30) days of filing the answer or at the succeeding term of court 2243
if court would not be in progress within thirty (30) days after 2244
filing the answer. Provided, however, that upon request by the 2245
state or the owner of the property, the court may postpone said 2246
forfeiture hearing to a date past the time any criminal action is 2247
pending against said owner. 2248
(b) If the owner of the property has filed a verified 2249
answer denying that the property is subject to forfeiture, then 2250
the burden is on the state to prove that the property is subject 2251
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to forfeiture. The burden of proof placed upon the state shall be 2252
clear and convincing proof. However, if no answer has been filed 2253
by the owner of the property, the petition for forfeiture may be 2254
introduced into evidence and is prima facie evidence that the 2255
property is subject to forfeiture. 2256
(c) At the hearing any claimant of any right, title, or 2257
interest in the property may prove his lien, encumbrance, security 2258
interest, other interest in the nature of a security interest, 2259
mortgage or deed of trust to be bona fide and created without 2260
knowledge or consent that the property was to be used so as to 2261
cause the property to be subject to forfeiture. 2262
(d) If it is found that the property is subject to 2263
forfeiture, then the judge shall forfeit the property to the 2264
state. However, if proof at the hearing discloses that the 2265
interest of any bona fide lienholder, secured party, other person 2266
holding an interest in the property in the nature of a security 2267
interest or any holder of a bona fide encumbrance, mortgage or 2268
deed of trust is greater than or equal to the present value of the 2269
property, the court shall order the property released to him. If 2270
such interest is less than the present value of the property and 2271
if the proof shows that the property is subject to forfeiture, the 2272
court shall order the property forfeited to the state. 2273
(6) (a) All personal property, including money, which is 2274
forfeited to the state and is not capable of being sold at public 2275
auction shall be liquidated and the proceeds, after deduction of 2276
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all storage and court costs, shall be forwarded to the State 2277
Treasurer and deposited in the General Fund of the state. 2278
(b) All real estate which is forfeited to the state 2279
shall be sold to the highest bidder at a public auction to be 2280
conducted by the state at such place, on such notice and in 2281
accordance with the same procedure, as far as practicable, as is 2282
required in the case of sales of land under execution of law. The 2283
proceeds of such sale shall first be applied to the cost and 2284
expense in administering and conducting such sale, then to the 2285
satisfaction of all mortgages, deeds of trusts, liens and 2286
encumbrances of record on such property. All proceeds in excess 2287
of the amount necessary for the cost of the sale of such land and 2288
the satisfaction of any liens thereon shall be deposited in the 2289
General Fund of the State Treasury. 2290
(c) All other property that has been seized by the 2291
state and that has been forfeited shall, except as otherwise 2292
provided, be sold at a public auction for cash by the state to the 2293
highest and best bidder after advertising the sale for at least 2294
once each week for three (3) consecutive weeks, the last notice to 2295
appear not more than ten (10) days nor less than five (5) days 2296
prior to such sale, in a newspaper having a general circulation 2297
throughout the State of Mississippi. Such notices shall contain a 2298
description of the property to be sold and a statement of the time 2299
and place of sale. It shall not be necessary to the validity of 2300
such sale either to have the property present at the place of sale 2301
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or to have the name of the owner thereof stated in such notice. 2302
The proceeds of the sale shall be delivered to the circuit clerk 2303
and shall be disposed of as follows: 2304
(i) To any bona fide lienholder, secured party, or 2305
other party holding an interest in the property in the nature of a 2306
security interest, to the extent of his interest; and 2307
(ii) The balance, if any, after deduction of all 2308
storage and court costs, shall be forwarded to the State Treasurer 2309
and deposited with and used as general funds of the state. 2310
(d) The * * * Department of Revenue shall issue a 2311
certificate of title to any person who purchases property under 2312
the provisions of this section when a certificate of title is 2313
required under the laws of this state. 2314
SECTION 25. Section 97-21-101, Mississippi Code of 1972, is 2315
amended as follows: 2316
97-21-101. (1) All property, real or personal, including 2317
money, used in the course of, intended for use in the course of, 2318
derived from, or realized through, conduct in violation of Section 2319
97-21-53, 97-21-55, 97-21-57 or 97-23-89 is subject to civil 2320
forfeiture to the state pursuant to the provisions of Section 2321
97-21-103; provided, however, that a forfeiture of personal 2322
property encumbered by a bona fide security interest or real 2323
property encumbered by a bona fide mortgage, deed of trust, lien 2324
or encumbrance of record shall be subject to the interest of the 2325
secured party or subject to the interest of the holder of the 2326
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mortgage, deed of trust, lien or encumbrance of record if such 2327
secured party or holder neither had knowledge of or consented to 2328
the act or omission. 2329
(2) Property subject to forfeiture may be seized by law 2330
enforcement officers upon process issued by any appropriate court 2331
having jurisdiction over the property. Seizure without process 2332
may be made if: 2333
(a) The seizure is incident to an arrest or a search 2334
under a search warrant in compliance with Section 1 of this act or 2335
an inspection under a lawful administrative inspection; 2336
(b) The property subject to seizure has been the 2337
subject of a prior judgment in favor of the state in a criminal 2338
injunction or forfeiture proceeding based upon this article. 2339
(3) The Attorney General, any district attorney or any state 2340
agency having jurisdiction over conduct in violation of Section 2341
97-21-53, 97-21-55, 97-21-57 or 97-23-89 may institute civil 2342
proceedings under this section. In any action brought under this 2343
section, the circuit court shall proceed as soon as practicable to 2344
the hearing and determination. Pending final determination, the 2345
circuit court may at any time enter such injunctions or 2346
restraining orders, or take such actions, including the acceptance 2347
of satisfactory performance bonds, as the court may deem proper. 2348
(4) Any aggrieved person may institute a civil proceeding 2349
against any person or enterprise convicted of engaging in activity 2350
in violation of Section 97-21-53, 97-21-55, 97-21-57 or 97-23-89. 2351
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In such proceeding, relief shall be granted in conformity with the 2352
principles that govern the granting of injunctive relief from 2353
threatened loss or damage in other civil cases, except that no 2354
showing of immediate and irreparable injury, loss or damage to the 2355
person shall have to be made. 2356
(5) The Attorney General may, upon timely application, 2357
intervene in any civil action or proceeding brought under this 2358
section if he certifies that, in his opinion, the action or 2359
proceeding is of general public importance. In such action or 2360
proceeding, the state shall be entitled to the same relief as if 2361
the Attorney General instituted the action or proceeding. 2362
(6) Notwithstanding any other provision of law, a criminal 2363
or civil action or proceeding under this article may be commenced 2364
at any time within five (5) years after the conduct in violation 2365
of law terminates or the cause of action accrues. If a criminal 2366
prosecution or civil action or other proceeding is brought, or 2367
intervened in, to punish, prevent or restrain any violation of 2368
law, the running of the period of limitations prescribed by this 2369
section with respect to any cause of action arising under this 2370
section which is based, in whole or in part, upon any matter 2371
complained of in any such prosecution, action or proceeding shall 2372
be suspended during the pendency of such prosecution, action or 2373
proceeding and for two (2) years following its termination. 2374
(7) The application of one (1) civil remedy under any 2375
provision of this article shall not preclude the application of 2376
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any other remedy, civil or criminal, under this article or any 2377
other provision of law. Civil remedies under this article are 2378
supplemental. 2379
SECTION 26. Section 97-37-23, Mississippi Code of 1972, is 2380
amended as follows: 2381
97-37-23. (1) Except for persons who are engaged in lawful 2382
business activities or persons who are engaged in educational 2383
activities conducted by educational institutions, it is unlawful 2384
for any person to have in his possession: 2385
(a) Dynamite caps, nitroglycerine caps, fuses, 2386
detonators, dynamite, nitroglycerine, explosives, gas or stink 2387
bombs, or other similar explosives peculiarly possessed and 2388
adapted to aid in the commission of a crime; except such person or 2389
persons who are engaged in a lawful business which ordinarily 2390
requires the use thereof in the ordinary and usual conduct of such 2391
business, and who possess said articles for the purpose of use in 2392
said business; 2393
(b) Any: 2394
(i) Bomb; 2395
(ii) Grenade; 2396
(iii) Rocket having a propellant charge of more 2397
than four (4) ounces; 2398
(iv) Missile having an explosive or incendiary 2399
charge of more than one-quarter (1/4) ounce; 2400
(v) Mine; 2401
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(vi) Any combination of parts either designed or 2402
intended for use in converting any device into one or more of the 2403
destructive devices described in this paragraph (b); or 2404
(vii) Any device which consists of or includes a 2405
breakable container including a flammable liquid or compound and a 2406
wick composed of any material which, when ignited, is capable of 2407
igniting such flammable liquid or compound and can be carried or 2408
thrown by one (1) individual acting alone; and 2409
(viii) Or other similar explosives peculiarly 2410
possessed and adapted to aid in the commission of a crime; and 2411
(c) Upon conviction of any person thereof, he shall be 2412
punished by imprisonment in the Penitentiary for a term not to 2413
exceed five (5) years. The possession of such explosives by one 2414
who does not customarily use same in his regular and ordinary 2415
occupational activities shall be prima facie evidence of an 2416
intention to use same for such unlawful purposes. 2417
(2) It shall be the duty of any sheriff, constable, marshal, 2418
or policeman in a municipality, or any person vested with general 2419
police authority, who has reason to believe and does believe that 2420
the above-described explosives are being transported or possessed 2421
for aid in the commission of a crime, forthwith to make a 2422
reasonable search of such person or vehicle, and to seize such 2423
explosives and to at once arrest the person or persons having 2424
possession or control thereof. Such officer or officers 2425
proceeding in good faith shall not be liable either civilly or 2426
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criminally for such a search and seizure without a warrant, so 2427
long as said search and seizure is conducted in a reasonable 2428
manner, it appearing that the officer or officers had reason to 2429
believe and did believe that the law was being violated at the 2430
time such search was instituted. And the officer or officers 2431
making such search shall be competent to testify as a witness or 2432
witnesses as to all facts ascertained by means of said reasonable 2433
search or seizure, and all such explosives seized shall be 2434
admitted in evidence. But this section shall not authorize the 2435
search of a residence or home, or room, or building, or the 2436
premises belonging to or in the possession lawfully of the party 2437
suspected, without a search warrant executed in compliance with 2438
Section 1 of this act. 2439
(3) In order to invoke the exception provided in subsection 2440
(1) for persons who possess explosive articles for business 2441
purposes, such person must comply with the provisions of this 2442
subsection as follows: 2443
(a) One or more individuals shall be designated by the 2444
owner of a business employing explosive articles subject to this 2445
section as the custodian for such articles; and 2446
(b) The custodian shall notify the sheriff of any 2447
county wherein such articles are utilized or employed by 2448
registering with the sheriff in writing prior to such use and 2449
including in such registration: 2450
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(i) The business name and address of the owner of 2451
the articles; 2452
(ii) The name, address and local address of the 2453
custodian; 2454
(iii) The location of the job site where such 2455
articles shall be employed; 2456
(iv) In the event subject articles will not be in 2457
the immediate possession of the custodian, the custodian shall 2458
advise the sheriff of the specific location where such articles 2459
are left or stored; 2460
(v) Whenever business operations subject to this 2461
section or the storage of articles subject to this section occur 2462
within an incorporated municipality, the mayor or chief of police 2463
shall also be notified as required by this subsection. 2464
(4) Any person who fails to comply with the provisions of 2465
subsection (3) of this section shall, upon conviction thereof, be 2466
punished by imprisonment in the State Penitentiary for a term not 2467
to exceed one (1) year or by a fine in an amount not to exceed Ten 2468
Thousand Dollars ($10,000.00), or by both. 2469
(5) The provisions of subsections (3) and (4) of this 2470
section are supplemental to any other statutory provision, 2471
ordinances of local governments or liabilities or duties otherwise 2472
imposed by law. 2473
SECTION 27. Section 97-43-9, Mississippi Code of 1972, is 2474
amended as follows: 2475
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97-43-9. (1) Any circuit court may, after making due 2476
provision for the rights of innocent persons, enjoin violations of 2477
the provisions of this chapter by issuing appropriate orders and 2478
judgments, including, but not limited to: 2479
(a) Ordering any defendant to divest himself of any 2480
interest in any enterprise, including real property. 2481
(b) Imposing reasonable restrictions upon the future 2482
activities or investments of any defendant, including, but not 2483
limited to, prohibiting any defendant from engaging in the same 2484
type of endeavor as the enterprise in which he was engaged in 2485
violation of the provisions of this chapter. 2486
(c) Ordering the dissolution or reorganization of any 2487
enterprise. 2488
(d) Ordering the suspension or revocation of a license 2489
or permit granted to any enterprise by any agency of the state. 2490
(e) Ordering the forfeiture of the charter of a 2491
corporation organized under the laws of the state, or the 2492
revocation of a certificate authorizing a foreign corporation to 2493
conduct business within the state, upon finding that the board of 2494
directors or a managerial agent acting on behalf of the 2495
corporation, in conducting the affairs of the corporation, has 2496
authorized or engaged in conduct in violation of this chapter and 2497
that, for the prevention of future criminal activity, the public 2498
interest requires the charter of the corporation forfeited and the 2499
corporation dissolved or the certificate revoked. 2500
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(2) All property, real or personal, including money, used in 2501
the course of, intended for use in the course of, derived from, or 2502
realized through, conduct in violation of a provision of this 2503
chapter is subject to civil forfeiture to the state pursuant to 2504
the provisions of Section 97-43-11; provided, however, that a 2505
forfeiture of personal property encumbered by a bona fide security 2506
interest or real property encumbered by a bona fide mortgage, deed 2507
of trust, lien or encumbrance of record shall be subject to the 2508
interest of the secured party or subject to the interest of the 2509
holder of the mortgage, deed of trust, lien * * * or encumbrance 2510
of record if such secured party or holder neither had knowledge of 2511
or consented to the act or omission. 2512
(3) Property subject to forfeiture may be seized by law 2513
enforcement officers upon process issued by any appropriate court 2514
having jurisdiction over the property. Seizure without process 2515
may be made if: 2516
(a) The seizure is incident to an arrest or a search 2517
under a search warrant in compliance with Section 1 of this act or 2518
an inspection under a lawful administrative inspection; 2519
(b) The property subject to seizure has been the 2520
subject of a prior judgment in favor of the state in a criminal 2521
injunction or forfeiture proceeding based upon this article * * *. 2522
(4) The Attorney General, any district attorney or any state 2523
agency having jurisdiction over conduct in violation of a 2524
provision of this chapter may institute civil proceedings under 2525
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this section. In any action brought under this section, the 2526
circuit court shall proceed as soon as practicable to the hearing 2527
and determination. Pending final determination, the circuit court 2528
may at any time enter such injunctions or restraining orders, or 2529
take such actions, including the acceptance of satisfactory 2530
performance bonds, as the court may deem proper. 2531
(5) Any aggrieved person may institute a civil proceeding 2532
under subsection (1) of this section against any person or 2533
enterprise convicted of engaging in activity in violation of this 2534
chapter. In such proceeding, relief shall be granted in 2535
conformity with the principles that govern the granting of 2536
injunctive relief from threatened loss or damage in other civil 2537
cases, except that no showing of immediate and irreparable injury, 2538
loss or damage to the person shall have to be made. 2539
(6) Any person who is injured by reason of any violation of 2540
the provisions of this chapter shall have a cause of action 2541
against any person or enterprise convicted of engaging in activity 2542
in violation of this chapter for threefold the actual damages 2543
sustained and, when appropriate, punitive damages. Such person 2544
shall also recover attorney's * * * fees in the trial and 2545
appellate courts and costs of investigation and litigation, 2546
reasonably incurred. 2547
(a) The defendant or any injured person may demand a 2548
trial by jury in any civil action brought pursuant to this 2549
subsection. 2550
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(b) Any injured person shall have a right or claim to 2551
forfeited property or to the proceeds derived therefrom superior 2552
to any right or claim the state has in the same property or 2553
proceeds. 2554
(7) The Attorney General may, upon timely application, 2555
intervene in any civil action or proceeding brought under 2556
subsections (5) or (6) of this section if he certifies that, in 2557
his opinion, the action or proceeding is of general public 2558
importance. In such action or proceeding, the state shall be 2559
entitled to the same relief as if the Attorney General instituted 2560
the action or proceeding. 2561
(8) Notwithstanding any other provision of law, a criminal 2562
or civil action or proceeding under this chapter may be commenced 2563
at any time within five (5) years after the conduct in violation 2564
of a provision of this chapter terminates or the cause of action 2565
accrues. If a criminal prosecution or civil action or other 2566
proceeding is brought, or intervened in, to punish, prevent or 2567
restrain any violation of the provisions of this chapter, the 2568
running of the period of limitations prescribed by this section 2569
with respect to any cause of action arising under subsections (5) 2570
or (6) of this section which is based, in whole or in part, upon 2571
any matter complained of in any such prosecution, action or 2572
proceeding shall be suspended during the pendency of such 2573
prosecution, action or proceeding and for two (2) years following 2574
its termination. 2575
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(9) The application of one (1) civil remedy under any 2576
provision of this chapter shall not preclude the application of 2577
any other remedy, civil or criminal, under this chapter or any 2578
other provision of law. Civil remedies under this chapter are 2579
supplemental. 2580
SECTION 28. Section 99-3-2, Mississippi Code of 1972, is 2581
amended as follows: 2582
99-3-2. Any United States Marshal or Deputy United States 2583
Marshal is authorized in the performance of his duties to bear 2584
arms, to make arrests and to make searches and seizures in 2585
compliance with Section 1 of this act. Whenever any other federal 2586
law enforcement officer who is employed by the United States 2587
government, authorized to effect an arrest for a violation of the 2588
United States Code, and authorized to carry a firearm in the 2589
performance of his duties is working in cooperation with local law 2590
enforcement officers, the agent shall have the authority in the 2591
performance of his duties to bear arms, to make arrests and to 2592
make searches and seizures. Any right granted under this section 2593
in no way relieves the requirements of appropriate affidavit and 2594
search warrant from the appropriate jurisdiction and authority 2595
pursuant to the laws of this state. 2596
SECTION 29. Section 99-15-11, Mississippi Code of 1972, is 2597
amended as follows: 2598
99-15-11. Any conservator of the peace, on the affidavit of 2599
a credible person, may issue a search warrant and cause stolen or 2600
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embezzled goods to be seized; but the affidavit and warrant must 2601
specify the goods to be seized and the person or place to be 2602
searched and be in compliance with the requirements of Section 1 2603
of this act. 2604
SECTION 30. Section 99-27-15, Mississippi Code of 1972, is 2605
amended as follows: 2606
99-27-15. Upon the affidavit of any credible person that he 2607
or she has reason to believe and does believe: (1) that 2608
intoxicating liquor is being stored, kept, owned, controlled, or 2609
possessed, in violation of the laws of the state, at any 2610
designated place or within any designated receptacle, which place 2611
is to be stated in the affidavit; or (2) that intoxicating liquor 2612
is being sold or offered for sale contrary to law at any 2613
designated place; or (3) that liquor is being manufactured or 2614
distilled, or attempted to be manufactured or distilled at any 2615
designated place, in violation of the laws of the state; or (4) 2616
that intoxicating liquor is being transported, attempted to be 2617
transported within the state at or over or through any designated 2618
place, contrary to the laws of the state, it shall be the duty of 2619
any justice of the peace of the county or county judge, or the 2620
judge of the circuit court of the district or the chancellor of 2621
the district in which the place is situated, to issue a search 2622
warrant in compliance with Section 1 of this act, directed to the 2623
sheriff or any constable of the county, or if in a municipality, 2624
to the sheriff or any constable or marshal or policeman therein, 2625
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commanding him or her to proceed in the day or nighttime, to enter 2626
by breaking if necessary, and to diligently search any building, 2627
room in a building, outhouses, place, wagon, cart, buggy, 2628
automobile, motorcycle, motor truck, water or air craft or other 2629
vehicle, as may be designated in the affidavit, and to seize said 2630
intoxicating liquor, and any wagon, buggy, cart, automobile, 2631
motorcycle, motor truck, water or air craft or other vehicle used 2632
or attempted to be used in the transporting of the same, or any 2633
still or distillery or integral part of the same including 2634
appliances, vessels and equipment pertaining thereto used in 2635
making or manufacturing or attempting to make or manufacture said 2636
intoxicating liquor, and to hold the same until disposed of by 2637
law, and to arrest the person, or persons in possession and 2638
control of the same. 2639
The writ shall be returnable instanter or on a day stated and 2640
a copy shall be served on the owner or person in possession if 2641
such person be present or readily found. 2642
SECTION 31. Section 99-27-21, Mississippi Code of 1972, is 2643
amended as follows: 2644
99-27-21. It shall be the duty of any sheriff or constable 2645
of a county, or any sheriff, constable or marshal, or policeman in 2646
a municipality who has reason to believe and does believe that 2647
intoxicating liquor is being transported in violation of law, in 2648
any wagon, cart, buggy, automobile, motorcycle, motor truck, water 2649
or air craft, or any other vehicle, forthwith to make a reasonable 2650
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search of such vehicle and to seize any intoxicating liquor so 2651
found being transported or being attempted to be transported in 2652
violation of law and at once to arrest the person or persons in 2653
possession or control thereof and transporting or attempting to 2654
transport same in violation of law; and such officer or officers 2655
proceeding in good faith shall not be liable either civilly or 2656
criminally for such a search and seizure without a warrant, so 2657
long as said search and seizure is conducted in a reasonable 2658
manner and in compliance with Section 1 of this act, it appearing 2659
that the officer or officers had reason to believe and did believe 2660
that the prohibition laws of the State of Mississippi were being 2661
violated at the time such search was instituted. And the officers 2662
making such search shall be a competent witness, or witnesses, to 2663
testify as to all facts ascertained, and discoveries made, by 2664
means of said reasonable search, and all liquor, and all 2665
appliances for its manufacture or transportation, so seized shall 2666
be admitted in evidence. But this section shall not authorize the 2667
search of a residence or home or room or building or the premises 2668
belonging to or in the possession lawfully of the party suspected, 2669
without a search warrant. 2670
SECTION 32. Section 11-43-25, Mississippi Code of 1972, is 2671
amended as follows: 2672
11-43-25. Whenever the judge or chancellor, on issuing a 2673
writ of habeas corpus, shall be satisfied, by affidavit or 2674
otherwise, that the person unlawfully depriving another of his or 2675
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her liberty has committed a crime in connection with such unlawful 2676
act, he or she may embody in the writ a warrant for the arrest of 2677
such person and have him or her brought up for examination at the 2678
hearing of the habeas corpus in compliance with Section 1 of this 2679
act; and being satisfied, on the trial and examination, of the 2680
guilt of such person, the judge or chancellor shall commit him or 2681
her, or order his or her release on bail, to appear before the 2682
proper court to answer the charge. 2683
SECTION 33. Section 19-25-11, Mississippi Code of 1972, is 2684
amended as follows: 2685
19-25-11. In the event there is outstanding a warrant for 2686
the arrest of the sheriff of the county issued by any justice of 2687
the peace, mayor, or any police justice in said county whereby the 2688
said sheriff has been charged by affidavit duly made before said 2689
justice of the peace, mayor, or police justice in said county for 2690
any misdemeanor or felony, any constable of the county, or any 2691
marshal or police officer of any municipality located in said 2692
county, may execute said warrant and arrest the said sheriff in 2693
compliance with Section 1 of this act. In his or her failure to 2694
make bond in the amount as fixed by the justice of the peace, 2695
mayor or police justice where said affidavit was made, the officer 2696
making the arrest may confine said sheriff in a county jail 2697
adjoining the county of his or her residence, or in any other 2698
county jail in the state, and on the date of trial shall deliver 2699
him or her up to the court for trial. Said officer making the 2700
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arrest shall be the jailer of said county during the confinement 2701
of the said sheriff in jail and/or while his or her cause on said 2702
criminal charge is pending for trial, provided the sheriff was 2703
jailer and living in the jail at the time of his or her arrest. 2704
SECTION 34. Section 23-15-941, Mississippi Code of 1972, is 2705
amended as follows: 2706
23-15-941. If upon the hearing of a primary election contest 2707
or complaint, under Section 23-15-931, it shall distinctly appear 2708
to the trial judge that any person, including a candidate or 2709
election officer, has willfully and corruptly violated any primary 2710
election statute and such violation is by said statute made a 2711
criminal offense, whether a misdemeanor or a felony, it shall be 2712
the duty of the trial judge to issue immediately his warrant for 2713
the arrest of the guilty party in compliance with Section 1 of 2714
this act, reciting in his order therefor, in brief, the grounds or 2715
causes for the arrest. Such warrant and a certified copy of the 2716
order shall be forthwith placed in the hands of the sheriff of the 2717
county wherein the offense occurred, and the sheriff shall at 2718
once, upon receipt of the warrant, arrest the party and commit him 2719
to prison, unless and until the party give bond in the sum of Five 2720
Hundred Dollars ($500.00) with two (2) or more good and sufficient 2721
sureties conditioned for his appearance at the next term of the 2722
circuit court and from term to term until discharged by law. When 2723
the arrest has been made and the bond, if any, given, the sheriff 2724
shall deliver all the papers therein with his return thereon to 2725
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the circuit clerk who shall file, and thereafter personally 2726
deliver, the same to the foreman of the next grand jury. 2727
SECTION 35. Section 27-7-79, Mississippi Code of 1972, is 2728
amended as follows: 2729
27-7-79. (1) The commissioner shall have exclusive 2730
jurisdiction and be charged with the administration and 2731
enforcement of the provisions of this article, except as otherwise 2732
provided. 2733
(2) The commissioner, for the purpose of ascertaining the 2734
correctness of any return, or for the purpose of making a return 2735
where none has been made, is hereby authorized, by any agent 2736
designated by the commissioner for that purpose, to examine any 2737
books, papers, records or memoranda, bearing upon the matter 2738
required to be included in the return, and may require the 2739
attendance of persons rendering a return or of any officer or 2740
employee of such person, or of any person having knowledge in the 2741
premises, and may take his testimony with reference to the matter 2742
required by law to be included in the return, with power to 2743
administer oaths to such person or persons. 2744
(3) If any person summoned to appear under this article to 2745
testify, or produce books, papers or other data, shall refuse to 2746
do so, the chancery court for the district in which the person 2747
resides shall have jurisdiction by appropriate process to compel 2748
such attendance, testimony or production of books, papers or other 2749
data. 2750
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(4) The commissioner, with the approval of the Governor, may 2751
appoint and remove such officers, agents, deputies, clerks and 2752
employees as he may deem necessary, such persons to have such 2753
duties and powers as the commissioner may, from time to time, 2754
prescribe. The salaries of all officers, agents and employees 2755
employed by the commissioner shall be such as he may prescribe, 2756
with the approval of the Governor, not to exceed such amounts as 2757
may be appropriated by the Legislature, and the members of the 2758
commission and such officers, agents and employees shall be 2759
allowed such reasonable and necessary traveling and other expenses 2760
as may be incurred in the performance of their duties, not to 2761
exceed the amount appropriated therefor by the Legislature. 2762
(5) The commissioner shall designate certain special agents 2763
appointed under this section and evidenced by a written 2764
certificate of appointment under the seal of the commission, of 2765
which judicial notice shall be taken by all courts of this state. 2766
Such agents, when in possession of a warrant issued under 2767
authority of this article, shall have all the powers and duties of 2768
the sheriff in enforcing the provisions of the article relating to 2769
the warrant thus issued, and in making arrests of persons 2770
obstructing or seeking to obstruct the execution of the warrant in 2771
compliance with Section 1 of this act, or in serving any writ, 2772
notice or order connected with the enrolled judgment for which the 2773
warrant is issued by whatever officer or authority of court 2774
issued. 2775
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(6) The commissioner may require such of the officers, 2776
agents, and employees, as he may designate, to give bond for the 2777
faithful performance of their duties, in such form and with such 2778
securities as he may determine, and all premiums on such bonds 2779
shall be paid by the commissioner out of the monies appropriated 2780
for the purposes of this article. 2781
(7) All officers empowered by law to administer oaths and 2782
the members of the commission, and such officers as it may 2783
designate, shall have power to administer an oath to any person or 2784
to take the acknowledgment of any person in respect to any return 2785
or report required by this article or the rules and regulations of 2786
the commissioner. 2787
(8) All agents of the commissioner shall have, for 2788
identification purposes, proper credentials signed by the chairman 2789
of the commission. 2790
(9) The commissioner shall prepare and publish annually 2791
statistics reasonably available with respect to the operation of 2792
this law, including classification of taxpayers and of the income, 2793
the amounts allowed as deductions, exemptions and credits, and 2794
also a statement of the cost of administering this article and any 2795
other facts deemed pertinent and valuable. 2796
SECTION 36. Section 27-13-65, Mississippi Code of 1972, is 2797
amended as follows: 2798
27-13-65. (1) Jurisdiction. The commissioner shall have 2799
exclusive jurisdiction and be charged with the administration and 2800
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enforcement of the provisions of this chapter, except as otherwise 2801
provided. 2802
(2) Examine books. The commissioner, for the purpose of 2803
ascertaining the correctness of any return, or for the purpose of 2804
making a return where none has been made, is hereby authorized, by 2805
any agent designated by the commissioner, for that purpose, to 2806
examine any books, papers, records or memoranda, bearing upon the 2807
matter required to be included in the return, and may require the 2808
attendance of persons rendering a return or of any officer or 2809
employee of such person, or of any person having knowledge in the 2810
premises, and may take his testimony with reference to the matter 2811
required by law to be included in such return, with power to 2812
administer oaths to such person or persons. 2813
(3) Summons. If any person summoned to appear under this 2814
chapter to testify, or produce books, papers or other data, shall 2815
refuse to do so, the chancery court for the district in which such 2816
person resides shall have jurisdiction by appropriate process to 2817
compel attendance, testimony or production of books, papers or 2818
other data. 2819
(4) Employees. The commissioner, with the approval of the 2820
Governor, may appoint and remove such officers, agents, deputies, 2821
clerks and employees as he may deem necessary, such persons to 2822
have such duties and powers as the commissioner may, from time to 2823
time, prescribe. The salaries of all officers, agents and 2824
employees employed by the commissioner shall be such as he may 2825
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prescribe, with the approval of the Governor, not to exceed such 2826
amounts as may be appropriated by the Legislature, and the members 2827
of the commission and such officers, agents and employees shall be 2828
allowed such reasonable and necessary traveling and other expenses 2829
as may be incurred in the performance of their duties not to 2830
exceed the amount appropriated therefor by the Legislature. 2831
(5) Special agents. The commissioner shall designate 2832
certain special agents appointed under this section and evidenced 2833
by a written certificate of appointment under the seal of the 2834
commission, of which judicial notice shall be taken by all courts 2835
of this state. Such agents, when in possession of a warrant 2836
issued under authority of this chapter and in compliance with 2837
Section 1 of this act, shall have all the powers and duties of the 2838
sheriff in enforcing the provisions of the chapter relating to the 2839
warrant thus issued, and in making arrests of persons obstructing 2840
or seeking to obstruct the execution of such warrant, or in 2841
serving any writ, notice or order connected with the enrolled 2842
judgment for which the warrant is issued by whatever officer or 2843
authority of court issued. 2844
(6) Employees bond. The commissioner may require such of 2845
the officers, agents and employees, as he may designate, to give 2846
bond for the faithful performance of their duties, in such form 2847
and with such securities as he may determine, and all premiums on 2848
such bonds shall be paid by the commissioner out of the monies 2849
appropriated for the purposes of this chapter. 2850
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(7) Administer oath. All officers empowered by law to 2851
administer oaths and the members of the commission, and such 2852
officers as it may designate, shall have power to administer an 2853
oath to any person or to take the acknowledgment of any person in 2854
respect to any return or report required by this chapter or the 2855
rules and regulations of the commissioner. 2856
(8) Credentials. All agents of the commissioner shall have, 2857
for identification purposes, proper credentials signed by the 2858
chairman of the commission. 2859
(9) Statistics. The commissioner shall prepare and publish 2860
annually statistics reasonably available with respect to the 2861
operation of this law, as he may deem pertinent and valuable. 2862
SECTION 37. Section 27-19-133, Mississippi Code of 1972, is 2863
amended as follows: 2864
27-19-133. Any sheriff, deputy sheriff or municipal law 2865
enforcement officer is hereby authorized to arrest, without 2866
warrant in compliance with Section 1 of this act, any person 2867
operating, or causing to be operated, any motor vehicle contrary 2868
to the provisions of this article, within the limits of their 2869
respective jurisdiction. In case the owner, or person or persons 2870
operating, or causing to be operated, a motor vehicle shall be 2871
taken into custody because of a violation of any provision hereof, 2872
he or they may be forthwith taken before an accessible justice 2873
court judge, police justice, municipal judge or mayor, having 2874
jurisdiction of such offense, and be entitled to an immediate 2875
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hearing. If such hearing cannot then be had, he shall be released 2876
from custody upon giving a good and sufficient bond to appear and 2877
answer for such violation, at such time and place as shall then be 2878
designated, in the manner provided by law, or secured by a sum 2879
equal to the maximum fine for the offense with which he is 2880
charged, or, in lieu thereof, by leaving the motor vehicle being 2881
operated by such person with such officer as may have the accused 2882
in charge. Provided, however, that should the person or persons 2883
in custody so request, the justice court judge, police justice, 2884
municipal judge or mayor before whom the complaint is made, or 2885
before whom the person or persons in custody shall be taken, shall 2886
adjourn the hearing of said case for ten (10) days upon the 2887
execution of a good and sufficient bond, in the manner as above 2888
provided, and, if the defendant or defendants fail to appear to 2889
defend said case, the sum or sums so deposited, or bond so given, 2890
shall be forfeited to the state and disposed of as bond given and 2891
money deposited for bail in other cases, or the motor vehicle 2892
which may have been left by said person or persons may be sold at 2893
public auction by order of the justice court judge, police 2894
justice, municipal judge or mayor, after giving notice of said 2895
proposed sale for three (3) consecutive weeks, in a newspaper of 2896
general circulation in the county where the arrest is made, if 2897
there be such newspaper in said county, describing accurately the 2898
motor vehicle therein and giving the date of the proposed sale. 2899
From the amount realized from such sale a sum equal to the maximum 2900
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fine for the offense charged shall be disposed of in like manner; 2901
and the surplus, if any, after deducting all expenses incurred in 2902
keeping or sale of such vehicle, shall be returned to such owner 2903
on demand, but no such forfeiture and disposition of such security 2904
shall in anywise impair the jurisdiction of the justice court 2905
judge, police justice, municipal judge or mayor, to hear and 2906
determine any such charge made against the owner of such motor 2907
vehicle, or the person or persons operating, or causing to be 2908
operated, the said vehicle, or to inflict, upon conviction, any 2909
punishment prescribed by this article. If there be no such 2910
newspaper published in said county, then such sale shall be 2911
advertised by posting written notice in two (2) or more public 2912
places in said county for three (3) consecutive weeks next 2913
preceding such sale. 2914
Any sheriff, deputy sheriff, municipal law enforcement 2915
officer or other peace officer, who shall arrest or prefer charges 2916
against any person alleged to have operated a motor vehicle in 2917
violation of the provisions of this article shall, within five (5) 2918
days after the termination of such proceedings, forward to the 2919
commission a transcript of the court proceedings on such charges, 2920
which transcript shall show the name of the defendant, the date of 2921
the offense, the nature of the offense, the court in which the 2922
proceedings were had, the disposition of the matter and the 2923
sentence, if any, imposed by the court. Any sheriff, deputy 2924
sheriff, municipal law enforcement officer or other peace officer, 2925
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who shall fail or refuse to forward such transcript as required 2926
hereby, shall be guilty of a misdemeanor and, upon conviction, 2927
shall be punished by a fine of not less than Ten Dollars ($10.00) 2928
nor more than One Hundred Dollars ($100.00), or by imprisonment in 2929
the county jail for not more than thirty (30) days, or by both 2930
such fine and imprisonment. In addition thereto, any sheriff, 2931
deputy sheriff, municipal law enforcement officer or other peace 2932
officer who shall fail or refuse to forward such transcript to the 2933
commission shall be liable on his official bond for a civil 2934
penalty of Two Hundred Fifty Dollars ($250.00), which may be 2935
recovered upon appropriate proceedings brought by the commission 2936
in chancery court of the proper county. 2937
SECTION 38. Section 27-19-135, Mississippi Code of 1972, is 2938
amended as follows: 2939
27-19-135. All taxes, costs and penalties imposed by this 2940
article shall constitute a first lien on all motor vehicles 2941
operated in violation of the provisions hereof, which lien shall 2942
be paramount to any and all private liens, and any such motor 2943
vehicle shall be subject to being seized and impounded to enforce 2944
collection thereof. Any sheriff, deputy sheriff, or 2945
representative or employee of the * * * Department of Revenue or 2946
Mississippi Department of Transportation shall be authorized to 2947
arrest, without warrant in compliance with Section 1 of this act, 2948
any person operating or driving any motor vehicle contrary to the 2949
provisions of this article, within the limits of their respective 2950
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jurisdictions, and/or to seize and impound any motor vehicle being 2951
operated in violation of the provisions hereof. In case of such 2952
arrest or seizure, such arresting or impounding officer shall 2953
immediately go into some court of competent jurisdiction to 2954
enforce the lien thereon. 2955
SECTION 39. Section 27-19-136, Mississippi Code of 1972, is 2956
amended as follows: 2957
27-19-136. (1) In addition to any other remedy provided in 2958
this article, the Commissioner of Revenue or his designated 2959
officers or agents, or the Executive Director of the Department of 2960
Transportation or his designated officers or agents are authorized 2961
to assess taxes and/or fines and penalties as provided by this 2962
article, notice of which assessment shall be delivered to the 2963
owner or operator or his agent at the time of assessment, by mail 2964
or personal delivery, to be collected as hereinafter provided in 2965
this section. 2966
(2) In lieu of seizure and impoundment of vehicles as 2967
provided by Section 27-19-135, the Commissioner of Revenue or 2968
Executive Director of the Department of Transportation may, in 2969
their discretion, authorize any owner or operator of a motor 2970
vehicle found to be operated in violation of the provisions of 2971
this article to execute and file with the Department of Revenue or 2972
Executive Director of the Department of Transportation a good and 2973
valid bond written by a surety company authorized to do business 2974
in this state in an amount equal to the taxes and/or fines and 2975
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penalties assessed because of such violation conditioned upon the 2976
prompt payment when due of all such taxes and/or fines and 2977
penalties. If the Commissioner of Revenue or Executive Director 2978
of the Department of Transportation is satisfied that such owner 2979
or operator has property located in this state of value in excess 2980
of the amount of said taxes and/or fines and penalties, it may 2981
waive the bond requirement. 2982
(3) If the Commissioner of Revenue or Executive Director of 2983
the Department of Transportation shall elect to assess taxes 2984
and/or fines and penalties imposed by this article under 2985
provisions of this section, it may authorize such terms for 2986
payment as shall be deemed appropriate over a period of time not 2987
to exceed six (6) months. Notice of such terms shall be given to 2988
the owner or operator by mail or personal delivery. 2989
(4) If the person thus assessed or liable for the payment of 2990
taxes and/or fines and penalties imposed by this article shall 2991
fail or refuse to make payment when due, the Commissioner of 2992
Revenue or Executive Director of the Department of Transportation 2993
may file notice of tax liens and issue warrants in the same manner 2994
and with the same effect as liens and warrants are issued and 2995
executed upon under the provisions of Sections 27-65-57 through 2996
27-65-69. 2997
(5) The authority granted to special agents in Section 2998
27-65-91 shall also apply with the same force and effect in the 2999
execution of warrants and orders issued under the provisions of 3000
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this article and in compliance with Section 1 of this act and in 3001
making arrests of persons obstructing or seeking to obstruct the 3002
execution of such warrants or in serving any writ, notice or order 3003
connected with the enrolled judgment for which the warrant is 3004
issued under the provisions of this article. 3005
(6) The Executive Director of the Department of 3006
Transportation shall designate certain officers or agents by 3007
written certificate of appointment under seal of the Department of 3008
Transportation, of which judicial notice shall be taken by all 3009
courts of this state. Such officers or agents, when in possession 3010
of a warrant issued under authority of this article, shall have 3011
all the powers and duties of the sheriff in the enforcement and 3012
execution of warrants and orders issued under the provisions of 3013
this article and in compliance with Section 1 of this act and in 3014
making arrests of persons obstructing or seeking to obstruct the 3015
execution of such warrants, or in serving any writ, notice or 3016
order connected with the enrolled judgment for which the warrant 3017
is issued under the provisions of this article. 3018
(7) All administrative provisions of the Mississippi Sales 3019
Tax Law, including those which fix damages, penalties and interest 3020
for nonpayment of taxes, and for other noncompliance with the 3021
provisions of said chapter, and all other requirements and duties 3022
imposed upon taxpayers, shall apply to all persons liable for 3023
taxes under the provisions of this article, and the department 3024
shall exercise all power and authority and perform all the duties 3025
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with respect to taxpayers under this article as are provided in 3026
said Sales Tax Law, except that in cases of conflict, then the 3027
provisions of this article shall control. 3028
SECTION 40. Section 27-65-91, Mississippi Code of 1972, is 3029
amended as follows: 3030
27-65-91. The commissioner shall designate certain special 3031
agents appointed hereunder and evidenced by a written certificate 3032
of appointment under the seal of the * * * Department of Revenue, 3033
of which judicial notice shall be taken by all courts of this 3034
state. Such agents, when in possession of a warrant issued under 3035
authority of this chapter and in compliance with Section 1 of this 3036
act, shall have all the powers and duties of the sheriff in 3037
enforcing the provisions of the chapter relating to the warrant 3038
thus issued, and in making arrests of persons obstructing or 3039
seeking to obstruct the execution of such warrant, or in serving 3040
any writ, notice or order connected with the enrolled judgment for 3041
which the warrant is issued by whatever officer or authority of 3042
court issued. 3043
SECTION 41. Section 33-13-21, Mississippi Code of 1972, is 3044
amended as follows: 3045
33-13-21. (1) Arrest is the restraint of a person by an 3046
order, not imposed as a punishment for an offense, directing him 3047
to remain within specified limits. Confinement is the physical 3048
restraint of a person. 3049
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(2) An enlisted member may be ordered into arrest or 3050
confinement by any commissioned officer by an order, oral or 3051
written, delivered in person or through other persons subject to 3052
this code or through any person authorized by this code to 3053
apprehend persons. A commanding officer may authorize warrant 3054
officers, or noncommissioned officers to order enlisted members of 3055
his company or subject to his authority into arrest or 3056
confinement. 3057
(3) A commissioned officer or warrant officer may be ordered 3058
into arrest or confinement only by a commanding officer to whose 3059
authority he is subject, by an order, oral or written, delivered 3060
in person or by another commissioned officer. The authority to 3061
order such persons into arrest or confinement may not be 3062
delegated. 3063
(4) No person may be ordered into arrest or confinement 3064
except for probable cause. 3065
(5) This section does not limit the authority of persons 3066
authorized to apprehend offenders to secure the custody of an 3067
alleged offender until a proper authority may be notified. 3068
(6) All arrests shall be executed in compliance with Section 3069
1 of this act. 3070
SECTION 42. Section 33-13-321, Mississippi Code of 1972, is 3071
amended as follows: 3072
33-13-321. (1) The trial counsel, the defense counsel, the 3073
accused, if not represented by counsel, and the court-martial 3074
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shall have equal opportunity to obtain witnesses and other 3075
evidence. Each shall have the right of compulsory process for 3076
obtaining witnesses. 3077
(2) The military judge or summary court officer of a 3078
court-martial may: 3079
(a) Issue a warrant for the arrest of any accused 3080
person in compliance with Section 1 of this act who having been 3081
served with a warrant and a copy of the charges, disobeys a 3082
written order by the convening authority to appear before the 3083
court; 3084
(b) Issue a subpoena duces tecum and other subpoenas; 3085
(c) Enforce by attachment the attendance of witnesses 3086
and the production of books and papers; and 3087
(d) Sentence for refusal to be sworn or to answer, as 3088
provided in actions before civil courts of the state. 3089
(3) Process issued in court-martial cases to compel 3090
witnesses to appear and testify and to compel the production of 3091
other evidence shall run to any part of the state and shall be 3092
executed by civil officers or peace officers as prescribed by the 3093
laws of the state. 3094
SECTION 43. Section 33-13-615, Mississippi Code of 1972, is 3095
amended as follows: 3096
33-13-615. (1) Military courts may issue any process or 3097
mandate necessary to carry into effect their powers. Such a court 3098
may issue subpoenas and subpoenas duces tecum and enforce by 3099
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attachment attendance of witnesses and production of books and 3100
records, when it is sitting within the state and the witnesses, 3101
books and records sought are also so located. 3102
(2) Process and mandates may be issued by summary 3103
courts-martial, provost courts, military judges, or the president 3104
of other military courts and may be directed to and may be 3105
executed by the marshals of the military court or any peace 3106
officer and shall be in such form as may be prescribed by 3107
regulations issued under this code. 3108
(3) All officers to whom process or mandates may be directed 3109
shall execute them and make return of their acts thereunder 3110
according to the requirements of those documents. Except as 3111
otherwise specifically provided in this code, no such officer may 3112
demand or require payment of any fee or charge for receiving, 3113
executing, or returning such a process or mandate or for any 3114
service in connection therewith. 3115
(4) The president of any court-martial, any military judge 3116
and any summary court officer, shall have authority to issue, 3117
under his hand, in the name of the State of Mississippi, directed 3118
to any sheriff or constable, whose duty it shall be to serve or 3119
execute the same in the same manner in which like process is 3120
served or executed when issued by a magistrate, all necessary 3121
process, subpoenas, attachments, warrants of arrest in compliance 3122
with Section 1 of this act, and warrants of commitment. 3123
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SECTION 44. Section 33-13-623, Mississippi Code of 1972, is 3124
amended as follows: 3125
33-13-623. (1) When charges against any person in the 3126
military service of this state are made or referred to a convening 3127
authority authorized to convene a court-martial for the trial of 3128
such person, and a convening authority, believing that such 3129
charges can be sustained, and has reason to believe that the 3130
person so charged will not appear for trial, or intends to flee 3131
from justice, a convening authority may issue a warrant of arrest 3132
to the sheriff or any constable of the county in which the person 3133
charged resides, or wherein he is supposed to be, commanding the 3134
sheriff or constable to take the body of the person so charged and 3135
confine him in jail until such time as his case may be finally 3136
disposed of; and the sheriff or constable, on the order of the 3137
convening authority, shall bring the person so charged before the 3138
court-martial for trial, or turn him over to whomever the order 3139
may direct, the convening authority issuing the warrant of arrest, 3140
shall endorse thereon the amount of bail to be required; and it 3141
shall be a violation of duty on the part of any sheriff or 3142
constable to permit a person so committed to remain out of jail, 3143
except that he may, when such person desires it, permit him to 3144
give bail in the sum endorsed on the warrant, conditioned for his 3145
appearance, from time to time, before such court-martial as he may 3146
be ordered for trial, and until his case is finally disposed of, 3147
or until such time as he may surrender to the sheriff or constable 3148
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as directed by the convening authority of the court-martial before 3149
which he may be ordered for trial. 3150
(2) Upon the failure of any person, who has been admitted to 3151
bail conditioned for his appearance for trial before a 3152
court-martial, or upon failure of any person admitted to bail to 3153
appear as a witness in any case before a court-martial, as 3154
conditioned in the bail bond of any such person, the court-martial 3155
shall certify the fact of such failure to so appear to the 3156
convening authority or to the officer commanding for the time 3157
being, as the case may be; and such officer shall cause a judge 3158
advocate, district or county attorney to file suit therefor. 3159
(3) The rules laid down in the criminal procedural statutes 3160
of this state relating to the giving of bail, the amount of bail, 3161
the number of sureties, the persons who may be sureties, the 3162
property exempt from liability, the responsibility of parties to 3163
the same and all other rules of a general nature not inconsistent 3164
with this law are applicable to bail taken as provided in this 3165
code. 3166
(4) A warrant of arrest issued by a convening authority to 3167
order a court-martial, and all subpoenas and other process issued 3168
by courts-martial and courts of inquiry shall extend to every part 3169
of the state and shall be executed in compliance with Section 1 of 3170
this act. 3171
(5) When any lawful process, issued by the proper officer of 3172
any court-martial, comes to the hands of any sheriff or constable, 3173
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he shall perform the usual duties of such officer and perform all 3174
acts and duties by this code imposed or authorized to be performed 3175
by any sheriff or constable. Failure of any sheriff or constable 3176
to perform the duties required by this code shall be misdemeanor 3177
offenses punishable by a fine of not more than One Thousand 3178
Dollars ($1,000.00) and by confinement of not less than six (6) 3179
months and not more than twelve (12) months in jail. 3180
SECTION 45. Section 33-15-41, Mississippi Code of 1972, is 3181
amended as follows: 3182
33-15-41. Any emergency management auxiliary policeman who 3183
has had conferred upon him the power of a peace officer, as 3184
provided in Section 33-15-39 and when in full and distinctive 3185
uniform or displaying a badge or other insignia of authority, may 3186
arrest without a warrant in compliance with Section 1 of this act 3187
any person violating or attempting to violate in such officer's 3188
presence any order, rule * * * or regulation made pursuant to this 3189
article. This authority shall be limited to those rules and 3190
regulations which affect the public generally. 3191
SECTION 46. Section 41-21-93, Mississippi Code of 1972, is 3192
amended as follows: 3193
41-21-93. If any such patient admitted or committed by a 3194
court to a treatment facility leaves without authorization, the 3195
director may immediately issue a warrant in compliance with 3196
Section 1 of this act to any officer authorized to make arrests, 3197
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commanding the arrest and return of said patient to the hospital 3198
from which he is departed. 3199
SECTION 47. Section 43-21-301, Mississippi Code of 1972, is 3200
amended as follows: 3201
43-21-301. (1) No court other than the youth court shall 3202
issue an arrest warrant or custody order for a child in a matter 3203
in which the youth court has exclusive original jurisdiction but 3204
shall refer the matter to the youth court. Any arrest warrant 3205
shall be executed in compliance with Section 1 of this act. 3206
(2) Except as otherwise provided, no child in a matter in 3207
which the youth court has exclusive original jurisdiction shall be 3208
taken into custody by a law enforcement officer, the Department of 3209
Human Services, the Department of Child Protection Services, or 3210
any other person unless the judge or his designee has issued a 3211
custody order to take the child into custody. 3212
(3) The judge or his designee may require a law enforcement 3213
officer, the Department of Human Services, the Department of Child 3214
Protection Services, or any suitable person to take a child into 3215
custody for a period not longer than forty-eight (48) hours, 3216
excluding Saturdays, Sundays, and statutory state holidays. 3217
(a) Custody orders under this subsection may be issued 3218
if it appears that there is probable cause to believe that: 3219
(i) The child is within the jurisdiction of the 3220
court; 3221
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(ii) Custody is necessary because of any of the 3222
following reasons: the child is in danger of a significant risk 3223
of harm, any person would be in danger of a significant risk of 3224
harm by the child, to ensure the child's attendance in court at 3225
such time as required, or a parent, guardian or custodian is not 3226
available to provide for the care and supervision of the child; 3227
and 3228
(iii) There is no reasonable alternative to 3229
custody. 3230
A finding of probable cause under this subsection (3)(a) 3231
shall not be based solely upon a positive drug test of a newborn 3232
or parent for marijuana or solely upon the status of a parent as a 3233
cardholder under the Mississippi Medical Cannabis Act; however, a 3234
finding of probable cause may be based upon an evidence-based 3235
finding of harm to the child or a parent's inability to provide 3236
for the care and supervision of the child due to the parent's use 3237
of marijuana. Probable cause for unlawful use of any controlled 3238
substance, except as otherwise provided in this subsection (3)(a) 3239
for marijuana, may be based: 1. upon a parent's positive drug 3240
test for unlawful use of a controlled substance only if the child 3241
is in danger of a significant risk of harm or the parent is unable 3242
to provide proper care or supervision of the child because of the 3243
unlawful use and there is no reasonable alternative to custody; 3244
and 2. upon a newborn's positive drug screen for a controlled 3245
substance that was used unlawfully only if the child is in danger 3246
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of a significant risk of harm or the parent is unable to provide 3247
proper care or supervision of the child because of the unlawful 3248
use and there is no reasonable alternative to custody. 3249
A child shall not be considered "neglected" solely because 3250
the child's parent, guardian or custodian has failed to provide 3251
the child with food, clothing, or shelter necessary to sustain the 3252
life or health of the child when the failure is caused primarily 3253
by financial inability, unless relief services had been offered 3254
and refused and the child is in imminent risk of harm. 3255
(b) Custody orders under this subsection shall be 3256
written. In emergency cases, a judge or his designee may issue an 3257
oral custody order, but the order shall be reduced to writing 3258
within forty-eight (48) hours of its issuance. 3259
(c) Each youth court judge shall develop and make 3260
available to law enforcement a list of designees who are available 3261
after hours, on weekends and on holidays. 3262
(4) The judge or his designee may order, orally or in 3263
writing, the immediate release of any child in the custody of any 3264
person or agency. Except as otherwise provided in subsection (3) 3265
of this section, custody orders as provided by this chapter and 3266
authorizations of temporary custody may be written or oral, but, 3267
if oral, reduced to writing within forty-eight (48) hours, 3268
excluding Saturdays, Sundays and statutory state holidays. The 3269
written order shall: 3270
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(a) Specify the name and address of the child, or, if 3271
unknown, designate him or her by any name or description by which 3272
he or she can be identified with reasonable certainty; 3273
(b) Specify the age of the child, or, if unknown, that 3274
he or she is believed to be of an age subject to the jurisdiction 3275
of the youth court; 3276
(c) Except in cases where the child is alleged to be a 3277
delinquent child or a child in need of supervision, state that the 3278
effect of the continuation of the child's residing within his or 3279
her own home would be contrary to the welfare of the child, that 3280
the placement of the child in foster care is in the best interests 3281
of the child, and unless the reasonable efforts requirement is 3282
bypassed under Section 43-21-603(7)(c), also state that (i) 3283
reasonable efforts have been made to maintain the child within his 3284
or her own home, but that the circumstances warrant his removal 3285
and there is no reasonable alternative to custody; or (ii) the 3286
circumstances are of such an emergency nature that no reasonable 3287
efforts have been made to maintain the child within his own home, 3288
and that there is no reasonable alternative to custody. If the 3289
court makes a finding in accordance with (ii) of this paragraph, 3290
the court shall order that reasonable efforts be made toward the 3291
reunification of the child with his or her family; 3292
(d) State that the child shall be brought immediately 3293
before the youth court or be taken to a place designated by the 3294
order to be held pending review of the order; 3295
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(e) State the date issued and the youth court by which 3296
the order is issued; and 3297
(f) Be signed by the judge or his designee with the 3298
title of his office. 3299
(5) The taking of a child into custody shall not be 3300
considered an arrest except for evidentiary purposes. 3301
(6) (a) No child who has been accused or adjudicated of any 3302
offense that would not be a crime if committed by an adult shall 3303
be placed in an adult jail or lockup. An accused status offender 3304
shall not be held in secure detention longer than twenty-four (24) 3305
hours prior to and twenty-four (24) hours after an initial court 3306
appearance, excluding Saturdays, Sundays and statutory state 3307
holidays, except under the following circumstances: a status 3308
offender may be held in secure detention for violating a valid 3309
court order pursuant to the criteria as established by the federal 3310
Juvenile Justice and Delinquency Prevention Act of 2002, and any 3311
subsequent amendments thereto, and out-of-state runaways may be 3312
detained pending return to their home state. 3313
(b) No accused or adjudicated juvenile offender, except 3314
for an accused or adjudicated juvenile offender in cases where 3315
jurisdiction is waived to the adult criminal court, shall be 3316
detained or placed into custody of any adult jail or lockup for a 3317
period in excess of six (6) hours. 3318
(c) If any county violates the provisions of paragraph 3319
(a) or (b) of this subsection, the state agency authorized to 3320
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allocate federal funds received pursuant to the Juvenile Justice 3321
and Delinquency Prevention Act of 1974, 88 Stat. 2750 (codified in 3322
scattered Sections of 5, 18, 42 USCS), shall withhold the county's 3323
share of such funds. 3324
(d) Any county that does not have a facility in which 3325
to detain its juvenile offenders in compliance with the provisions 3326
of paragraphs (a) and (b) of this subsection may enter into a 3327
contractual agreement to detain or place into custody the juvenile 3328
offenders of that county with any county or municipality that does 3329
have such a facility, or with the State of Mississippi, or with 3330
any private entity that maintains a juvenile correctional 3331
facility. 3332
(e) Notwithstanding the provisions of paragraphs (a), 3333
(b), (c) and (d) of this subsection, all counties shall be allowed 3334
a one-year grace period from March 27, 1993, to comply with the 3335
provisions of this subsection. 3336
SECTION 48. Section 45-3-21, Mississippi Code of 1972, is 3337
amended as follows: 3338
45-3-21. (1) The powers and duties of the Highway Safety 3339
Patrol shall be, in addition to all others prescribed by law, as 3340
follows: 3341
(a) To enforce all of the traffic laws, rules and 3342
regulations of the State of Mississippi upon all highways of the 3343
state highway system and the rights-of-way of such highways; 3344
provided, however, that if any person commits an offense upon the 3345
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state highway system and be pursued by a member of the Highway 3346
Safety Patrol, such patrol officer may pursue and apprehend such 3347
offender upon any of the highways or public roads of this state, 3348
or to any other place to which such offender may flee. 3349
(b) To enforce all rules and regulations of the 3350
commissioner promulgated pursuant to legal authority. 3351
(c) When so directed by the Governor, to enforce any of 3352
the laws of this state upon any of the highways or public roads 3353
thereof. 3354
(d) Upon the request of the Department of Revenue, and 3355
with the approval of the Governor, to enforce all of the 3356
provisions of law with reference to the registration, license and 3357
taxation of vehicles using the highways of this state, and 3358
relative to the sizes, weights and load limits of such vehicles, 3359
and to enforce the provisions of all other laws administered by 3360
the Department of Revenue upon any of the highways or public roads 3361
of this state; and for such purpose the Highway Safety Patrol 3362
shall have the authority to collect and receive all taxes which 3363
may be due under any of such laws, and to report and remit same to 3364
the Department of Revenue in the manner required by law, or the 3365
rules and regulations of the Department of Revenue. 3366
(e) Upon request of the Commercial Transportation 3367
Enforcement Division within the Department of Public Safety, and 3368
when so instructed by the commissioner, to enforce the Mississippi 3369
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Motor Carrier Regulatory Law of 1938 and rules and regulations 3370
promulgated thereunder. 3371
(f) To arrest without warrant in compliance with 3372
Section 1 of this act any person or persons committing or 3373
attempting to commit any misdemeanor, felony or breach of the 3374
peace within their presence or view, and to pursue and so arrest 3375
any person committing such an offense to and at any place in the 3376
State of Mississippi where he may go or be. Nothing herein shall 3377
be construed as granting the Mississippi Highway Safety Patrol 3378
general police powers. 3379
(g) To aid and assist any law enforcement officer whose 3380
life or safety is in jeopardy. Additionally, officers of the 3381
Highway Safety Patrol may arrest without warrant in compliance 3382
with Section 1 of this act any fugitive from justice who has 3383
escaped or who is using the highways of the state in an attempt to 3384
flee. With the approval of the commissioner or his designee, 3385
officers of the Highway Safety Patrol may assist other law 3386
enforcement agencies in manhunts for convicted felons who have 3387
escaped and/or for alleged felons where there is probable cause to 3388
believe that the person being sought committed the felony and a 3389
felony had actually been committed. 3390
(h) To cooperate with the State Forest Service by 3391
reporting all forest fires. 3392
(i) Upon request of the sheriff or his designee, or 3393
board of supervisors of any county or the chief of police or mayor 3394
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of any municipality, and when so instructed by the commissioner or 3395
his designee, to respond to calls for assistance in a law 3396
enforcement incident; such request and action shall be noted and 3397
clearly reflected on the radio logs of both the Mississippi 3398
Highway Safety Patrol district substation and that of the 3399
requesting agency, entered on the local NCIC terminal, if 3400
available, and a request in writing shall follow within 3401
forty-eight (48) hours. Additionally, the time of commencement 3402
and termination of the specific law enforcement incident shall be 3403
clearly noted on the radio logs of both law enforcement agencies. 3404
(2) The Legislature declares that the primary law 3405
enforcement officer in any county in the State of Mississippi is 3406
the duly qualified and elected sheriff thereof, but for the 3407
purposes of this subsection there is hereby vested in the 3408
Department of Public Safety, in addition to the powers hereinabove 3409
mentioned and the other provisions of this section under the terms 3410
and limitations hereinafter mentioned and for the purpose of 3411
insuring domestic tranquility and for the purpose of preventing or 3412
suppressing, or both, crimes of violence, acts and conduct 3413
calculated to, or which may, provoke or lead to violence and/or 3414
incite riots, mobs, mob violence, a breach of the peace, and acts 3415
of intimidation or terror, the powers and duties to include the 3416
enforcement of all the laws of the State of Mississippi relating 3417
to such purposes, to investigate any violation of the laws of the 3418
State of Mississippi and to aid in the arrest and prosecution of 3419
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persons charged with violating the laws of the State of 3420
Mississippi which relate to such purposes. Investigators of the 3421
Bureau of Investigation of the Department of Public Safety shall 3422
have general police powers to enforce all the laws of the State of 3423
Mississippi. All officers of the Department of Public Safety 3424
charged with the enforcement of the laws administered by that 3425
agency, for the purposes herein set forth, shall have full power 3426
to investigate, prevent, apprehend and arrest law violators 3427
anywhere in the state, and shall be vested with the power of 3428
general police officers in the performance of their duties. The 3429
officers of the Department of Public Safety are authorized and 3430
empowered to carry and use firearms and other weapons deemed 3431
necessary in the discharge of their duties as such and are also 3432
empowered to serve warrants and subpoenas issued under the 3433
authority of the State of Mississippi. The Governor shall be 3434
authorized to offer and pay suitable rewards to persons aiding in 3435
the investigation, apprehension and conviction of persons charged 3436
with acts of violence, or threats of violence or intimidation or 3437
acts of terrorism. The additional powers herein granted to or 3438
vested in the Department of Public Safety or any of its officers 3439
or employees by this section, excepting investigating powers, and 3440
those powers of investigators who shall have general police power, 3441
being the investigators in the Bureau of Investigation of the 3442
Department of Public Safety, shall not be exercised by the 3443
Department of Public Safety, or any of its officers or employees, 3444
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except upon authority and direction of the Governor or Acting 3445
Governor, by proclamation duly signed, in the following instances, 3446
to wit: 3447
(a) When requested by the sheriff or board of 3448
supervisors of any county or the mayor of any municipality on the 3449
grounds that mob violence, crimes of violence, acts and conduct of 3450
terrorism, riots or acts of intimidation, or either, calculated to 3451
or which may provoke violence or incite riots, mobs, mob violence, 3452
violence, or lead to any breach of the peace, or either, and acts 3453
of intimidation or terror are anticipated, and when such acts or 3454
conduct in the opinion of the Governor or Acting Governor would 3455
provoke violence or any of the foregoing acts or conduct set out 3456
in this subsection, and the sheriff or mayor, as the case may be, 3457
lacks adequate police force to prevent or suppress the same. 3458
(b) Acting upon evidence submitted to him by the 3459
Department of Public Safety, or other investigating agency 3460
authorized by the Governor or Acting Governor to make such 3461
investigations, because of the failure or refusal of the sheriff 3462
of any county or mayor of any municipality to take action or 3463
employ such means at his disposal, to prevent or suppress the 3464
acts, conduct or offenses provided for in subsection (1) of this 3465
section, the Governor or Acting Governor deems it necessary to 3466
invoke the powers and authority vested in the Department of Public 3467
Safety. 3468
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(c) The Governor or Acting Governor is hereby 3469
authorized and empowered to issue his proclamation invoking the 3470
powers and authority vested by this paragraph, as provided in 3471
paragraphs (a) and (b) of this subsection, and when the Governor 3472
or Acting Governor issues said proclamation in accordance 3473
herewith, said proclamation shall become effective upon the 3474
signing thereof and shall continue in full force and effect for a 3475
period of ninety (90) days, or for a shorter period if otherwise 3476
ordered by the Governor or Acting Governor. At the signing of the 3477
proclamation by the Governor or Acting Governor, the Department of 3478
Public Safety and its officers and employees shall thereupon be 3479
authorized to exercise the additional power and authority vested 3480
in them by this paragraph. The Governor and Acting Governor may 3481
issue additional proclamations for periods of ninety (90) days 3482
each under the authority of paragraphs (a) and (b) of this 3483
subsection (2). 3484
(3) All proclamations issued by the Governor or Acting 3485
Governor shall be filed in the Office of the Secretary of State on 3486
the next succeeding business day. 3487
(4) It is not the intention of this section to vest the wide 3488
powers and authority herein provided for, as general powers of the 3489
Department of Public Safety, and the same are not hereby so 3490
vested, but to limit these general powers to cases and incidents 3491
wherein it is deemed necessary to prevent or suppress the offenses 3492
and conditions herein mentioned in this and other subsections of 3493
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this section, and under the terms and conditions hereinabove 3494
enumerated, it being the sense of the Legislature that the prime 3495
duties of the Department of Public Safety are to patrol the 3496
highways of this state and enforce the highway safety laws. 3497
(5) Patrol officers shall have no interest in any costs in 3498
the prosecution of any case through any court; nor shall any 3499
patrol officer receive any fee as a witness in any court held in 3500
this state, whether a state or federal court. 3501
(6) Provided, however, that the general police power vested 3502
by virtue of the terms of subsection (2) of this section is solely 3503
for the purposes set out in said subsection. 3504
SECTION 49. Section 45-27-9, Mississippi Code of 1972, is 3505
amended as follows: 3506
45-27-9. (1) All criminal justice agencies within the state 3507
shall submit to the center an arrest card that will transmit 3508
fingerprints, descriptions, photographs (when specifically 3509
requested), and other identifying data on persons who have been 3510
lawfully arrested or taken into custody in this state for all 3511
felonies and misdemeanors as described in Section 45-27-7(2)(a). 3512
It shall be the duty of all chiefs of police, sheriffs, district 3513
attorneys, courts, court clerks, judges, parole and probation 3514
officers, wardens or other persons in charge of correctional 3515
institutions in this state to furnish the center with all data 3516
required by the rules duly promulgated under the Administrative 3517
Procedures Act to carry out its responsibilities under this 3518
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chapter, and the duty of courts and court clerks to submit a 3519
disposition form for every disposition. It shall be the duty of 3520
all criminal justice agencies within the state to supply the 3521
prosecutor and the proper court with the disposition form that is 3522
attached to the physical arrest card if fingerprints were taken 3523
manually or, if fingerprints were captured digitally, the 3524
disposition form generated by the electronic fingerprint device at 3525
the time of the arrest. The PEER committee may conduct random 3526
review of the records of any agency or clerks referenced in this 3527
subsection (1) to determine whether the duties of such agencies 3528
and clerks are being fulfilled in a timely manner. The PEER 3529
committee, based on its findings, if any, shall recommend measures 3530
to ensure that the duties are more effectively carried out in a 3531
timely manner. 3532
(2) (a) All persons in charge of law enforcement agencies 3533
shall obtain, or cause to be obtained, fingerprints according to 3534
the fingerprint system of identification established by the 3535
Director of the Federal Bureau of Investigation, full face and 3536
profile photographs (if equipment is available) and other 3537
available identifying data, of each person arrested or taken into 3538
custody for an offense of a type designated in subsection (1) of 3539
this section, of all persons arrested or taken into custody as 3540
fugitives from justice and of all unidentified human corpses in 3541
their jurisdictions, but photographs need not be taken if it is 3542
known that photographs of the type listed, taken within the 3543
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previous year, are on file. Any record taken in connection with 3544
any person arrested or taken into custody and subsequently 3545
released without charge or cleared of the offense through court 3546
proceedings shall be purged from the files of the center and 3547
destroyed upon receipt by the center of a lawful expunction order. 3548
All persons in charge of law enforcement agencies shall submit to 3549
the center detailed descriptions of arrests or takings into 3550
custody which result in release without charge or subsequent 3551
exoneration from criminal liability within twenty-four (24) hours 3552
of the release or exoneration. 3553
(b) The center will work to secure grant funds to 3554
purchase live scan equipment to be utilized throughout the state. 3555
All law enforcement agencies shall utilize any live scan equipment 3556
provided by the center to ensure the most accurate collection of 3557
fingerprints. The center shall coordinate the use of the 3558
equipment with federal, state, county and municipal law 3559
enforcement agencies. 3560
(3) Fingerprints and other identifying data required to be 3561
taken under subsection (2) shall be forwarded within twenty-four 3562
(24) hours after taking for filing and classification, but the 3563
period of twenty-four (24) hours may be extended to cover any 3564
intervening holiday or weekend. Photographs taken shall be 3565
forwarded at the discretion of the agency concerned, but, if not 3566
forwarded, the fingerprint record shall be marked "Photo 3567
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Available" and the photographs shall be forwarded subsequently if 3568
the center so requests. 3569
(4) All persons in charge of law enforcement agencies shall 3570
submit to the center detailed descriptions of arrest warrants and 3571
related identifying data immediately upon determination of the 3572
fact that the warrant cannot be served for the reasons stated. If 3573
the warrant is subsequently served or withdrawn, the law 3574
enforcement agency concerned must immediately notify the center of 3575
the service or withdrawal. Also, the agency concerned must 3576
annually, no later than January 31 of each year and at other times 3577
if requested by the center, confirm all arrest warrants which 3578
continue to be outstanding. Upon receipt of a lawful expunction 3579
order, the center shall purge and destroy files of all data 3580
relating to an offense when an individual is subsequently 3581
exonerated from criminal liability of that offense. The center 3582
shall not be liable for the failure to purge, destroy or expunge 3583
any records if an agency or court fails to forward to the center 3584
proper documentation ordering the action. 3585
(5) All persons in charge of state correctional institutions 3586
shall obtain fingerprints, according to the fingerprint system of 3587
identification established by the Director of the Federal Bureau 3588
of Investigation or as otherwise directed by the center, and full 3589
face and profile photographs of all persons received on commitment 3590
to the institutions. The prints so taken shall be forwarded to 3591
the center, together with any other identifying data requested, 3592
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within ten (10) days after the arrival at the institution of the 3593
person committed. At the time of release, the institution will 3594
again obtain fingerprints, as before, and forward them to the 3595
center within ten (10) days, along with any other related 3596
information requested by the center. The institution shall notify 3597
the center immediately upon the release of the person. 3598
(6) All persons in charge of law enforcement agencies, all 3599
court clerks, all municipal justices where they have no clerks, 3600
all justice court judges and all persons in charge of state and 3601
county probation and parole offices, shall supply the center with 3602
the information described in subsections (4) and (10) of this 3603
section on the basis of the forms and instructions for the 3604
disposition form to be supplied by the center. 3605
(7) All persons in charge of law enforcement agencies in 3606
this state shall furnish the center with any other identifying 3607
data required in accordance with guidelines established by the 3608
center. All law enforcement agencies and correctional 3609
institutions in this state having criminal identification files 3610
shall cooperate in providing the center with copies of the items 3611
in the files which will aid in establishing the nucleus of the 3612
state criminal identification file. 3613
(8) All law enforcement agencies within the state shall 3614
report to the center, in a manner prescribed by the center, all 3615
persons wanted by and all vehicles and identifiable property 3616
stolen from their jurisdictions. The report shall be made as soon 3617
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as is practical after the investigating department or agency 3618
either ascertains that a vehicle or identifiable property has been 3619
stolen or obtains a warrant for an individual's arrest or 3620
determines that there are reasonable grounds to believe that the 3621
individual has committed a crime. All warrants shall be executed 3622
in compliance with Section 1 of this act. The report shall be 3623
made within a reasonable time period following the reporting 3624
department's or agency's determination that it has grounds to 3625
believe that a vehicle or property was stolen or that the wanted 3626
person should be arrested. 3627
(9) All law enforcement agencies in the state shall 3628
immediately notify the center if at any time after making a report 3629
as required by subsection (8) of this section it is determined by 3630
the reporting department or agency that a person is no longer 3631
wanted or that a vehicle or property stolen has been recovered. 3632
Furthermore, if the agency making the apprehension or recovery is 3633
not the one which made the original report, then it shall 3634
immediately notify the originating agency of the full particulars 3635
relating to the apprehension or recovery using methods prescribed 3636
by the center. 3637
(10) All law enforcement agencies in the state and clerks of 3638
the various courts shall promptly report to the center all 3639
instances where records of convictions of criminals are ordered 3640
expunged by courts of this state as now provided by law. The 3641
center shall promptly expunge from the files of the center and 3642
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destroy all records pertaining to any convictions that are ordered 3643
expunged by the courts of this state as provided by law. 3644
(11) The center shall not be held liable for the failure to 3645
purge, destroy or expunge records if an agency or court fails to 3646
forward to the center proper documentation ordering the action. 3647
(12) Any criminal justice department or agency making an 3648
expenditure in excess of Five Thousand Dollars ($5,000.00) in any 3649
calendar year on software or programming upgrades concerning a 3650
computerized records management system or jail management system 3651
shall ensure that the new or upgraded system is formatted to 3652
Department of Justice approved XML format and that no impediments 3653
to data sharing with other agencies or departments exist in the 3654
software programming. 3655
(13) (a) All law enforcement agencies within the state 3656
shall: 3657
(i) Implement an incident-based reporting system 3658
within the agency or department that meets the reporting 3659
requirements of the National Incident-Based Reporting System 3660
(NIBRS) of the Uniform Crime Reporting Program of the Federal 3661
Bureau of Investigation; 3662
(ii) Use the system described by subparagraph (i) 3663
to submit to the center information and statistics concerning 3664
criminal offenses committed in the jurisdiction of the local law 3665
enforcement agency, in a manner prescribed by the center; and 3666
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(iii) Report the information as soon as is 3667
practicable after the investigating agency or department 3668
ascertains that a qualifying crime has been committed in its 3669
jurisdiction, once the state-level NIBRS Repository is available. 3670
(b) No later than December 31, 2025, state and local 3671
law enforcement agencies shall be compliant with all regulations 3672
promulgated by the Department of Public Safety's Criminal 3673
Information Center (CIC), with consultation with the President of 3674
the Sheriffs Association and Mississippi Association of Chiefs of 3675
Police with regard to the National Incident-Based Reporting System 3676
(NIBRS) of the Uniform Crime Reporting Program of the Federal 3677
Bureau of Investigation. 3678
SECTION 50. Section 45-33-33, Mississippi Code of 1972, is 3679
amended as follows: 3680
45-33-33. (1) (a) The failure of an offender to personally 3681
appear at a facility designated by the Department of Public 3682
Safety, or in a manner of the Department of Public Safety's 3683
choosing, including by electronic means, or to provide any 3684
registration or other information, including, but not limited to, 3685
initial registration, reregistration, change of address 3686
information, change of employment, change of name, required 3687
notification to a volunteer organization or any other registration 3688
duty or submission of information required by this chapter is a 3689
violation of this chapter. Additionally, forgery of information 3690
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or submission of information under false pretenses, whether by the 3691
registrant or another person, is also a violation of this chapter. 3692
(b) A person commits a violation of this chapter who: 3693
(i) Knowingly harbors, or knowingly attempts to 3694
harbor, or knowingly assists another person in harboring or 3695
attempting to harbor a sex offender who is in violation of this 3696
chapter; 3697
(ii) Knowingly assists a sex offender in eluding a 3698
law enforcement agency that is seeking to find the sex offender to 3699
question the sex offender about, or to arrest the sex offender 3700
for, noncompliance with the requirements of this chapter; or 3701
(iii) Provides information to a law enforcement 3702
agency regarding a sex offender which the person knows to be 3703
false. 3704
(c) A registrant who is required to submit to 3705
electronic monitoring who does not comply with all the terms and 3706
conditions of the electronic monitoring commits a violation of 3707
this chapter. 3708
(2) (a) Unless otherwise specified, a violation of this 3709
chapter shall be considered a felony and shall be punishable by a 3710
fine of not more than Five Thousand Dollars ($5,000.00), 3711
imprisonment in the custody of the Department of Corrections for 3712
not more than five (5) years, or both fine and imprisonment. 3713
(b) A person who is required to register under this 3714
chapter who is subsequently convicted for a registration violation 3715
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under this section, upon release from incarceration, shall submit 3716
to mandatory electronic monitoring under the program established 3717
under Section 45-33-45 for a period computed by subtracting the 3718
time the person spent in actual incarceration from the five-year 3719
maximum imprisonment for the offense and the period of 3720
post-release monitoring shall not be suspended or reduced by the 3721
court or the Department of Corrections. 3722
(3) Whenever it appears that an offender has failed to 3723
comply with the duty to register, reregister or submit to 3724
electronic monitoring, the department shall promptly notify the 3725
sheriff of the county of the last-known address of the offender as 3726
well as the sheriff of the county of the last-known location of 3727
the offender, if different. Upon notification, the sheriff shall 3728
attempt to locate the offender at his last-known address or 3729
last-known location. 3730
(a) If the sheriff locates the offender, he shall 3731
enforce the provisions of this chapter, including initiation of 3732
prosecution if appropriate. The sheriff shall then notify the 3733
department with the current information regarding the offender. 3734
(b) If the sheriff is unable to locate the offender, 3735
the sheriff shall promptly notify the department and initiate a 3736
criminal prosecution against the offender for the failure to 3737
register, reregister or comply with electronic monitoring. The 3738
sheriff shall make the appropriate transactions into the Federal 3739
Bureau of Investigation's wanted-person database and issue a 3740
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warrant for the offender's arrest. The warrant shall be executed 3741
in compliance with Section 1 of this act. The department shall 3742
notify the United States Marshals Service of the offender's 3743
noncompliant status and shall update the registry database and 3744
website to show the defendant's noncompliant status as an 3745
absconder. 3746
(4) A violation of this chapter shall result in the arrest 3747
of the offender. 3748
(5) Any prosecution for a violation of this section shall be 3749
brought by a prosecutor in the county of the violation. 3750
(6) A person required to register under this chapter who 3751
commits any act or omission in violation of this chapter may be 3752
prosecuted for the act or omission in the county in which the act 3753
or omission was committed, the county of the last registered 3754
address of the sex offender, the county in which the conviction 3755
occurred for the offense or offenses that meet the criteria 3756
requiring the person to register, the county in which he was 3757
designated a sex offender, or the county in which the sex offender 3758
was found. 3759
(7) The Commissioner of Public Safety or his authorized 3760
agent shall suspend the driver's license or driving privilege of 3761
any offender failing to comply with the duty to report, register 3762
or reregister, submit to monitoring, or who has provided false 3763
information. 3764
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(8) When a person required to register under this chapter is 3765
accused of any registration offense under this section, pretrial 3766
release on bond shall be conditioned on the offender's submission 3767
to electronic monitoring under the program established under 3768
Section 45-33-45. 3769
SECTION 51. Section 45-33-63, Mississippi Code of 1972, is 3770
amended as follows: 3771
45-33-63. (1) Except as otherwise provided in this section, 3772
it is unlawful for a person required to register as a sex offender 3773
under Section 45-33-25 to do or commit any of the following 3774
actions with respect to the victim of the offense triggering the 3775
duty to register under this chapter: 3776
(a) Threaten, visit, assault, molest, abuse, injure, or 3777
otherwise interfere with the victim; 3778
(b) Follow the victim, including at the victim's 3779
workplace; 3780
(c) Harass the victim; 3781
(d) Contact the victim by telephone, written 3782
communication, or electronic means; 3783
(e) Enter or remain present at the victim's residence, 3784
school, or place of employment when the victim is present. 3785
(2) This section does not apply if the court in which the 3786
conviction was had, at the request of the victim or the parent, 3787
guardian or conservator of the victim, enters an order allowing 3788
contact with the victim. The court may enter such an order if the 3789
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court determines that reasonable grounds for the victim to fear 3790
any future contact with the defendant no longer exist. 3791
(3) A violation of this section is a felony punishable by a 3792
fine of not more than Five Thousand Dollars ($5,000.00) and 3793
imprisonment in the custody of the Department of Corrections for 3794
not less than five (5) nor more than ten (10) years. 3795
(4) A law enforcement officer shall arrest and take into 3796
custody a person, with or without a warrant in compliance with 3797
Section 1 of this act or other process, if the officer has 3798
probable cause to believe that the person knowingly has violated 3799
this section. 3800
(5) Nothing in this section shall be construed to affect the 3801
issuance or enforcement of a criminal sexual assault protection 3802
against a defendant who has been convicted under Section 97-3-65 3803
or 97-3-95. 3804
(6) This section shall be known as Carly's Law. 3805
SECTION 52. Section 47-7-27, Mississippi Code of 1972, is 3806
amended as follows: 3807
47-7-27. (1) The board may, at any time and upon a showing 3808
of probable violation of parole, issue a warrant for the return of 3809
any paroled offender to the custody of the department. The 3810
warrant shall authorize all persons named therein to return the 3811
paroled offender to actual custody of the department from which he 3812
was paroled. 3813
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(2) Any field supervisor may arrest an offender without a 3814
warrant in compliance with Section 1 of this act or may deputize 3815
any other person with power of arrest by giving him a written 3816
statement setting forth that the offender has, in the judgment of 3817
that field supervisor, violated the conditions of his parole or 3818
earned-release supervision. The written statement delivered with 3819
the offender by the arresting officer to the official in charge of 3820
the department facility from which the offender was released or 3821
other place of detention designated by the department shall be 3822
sufficient warrant for the detention of the offender. 3823
(3) The field supervisor, after making an arrest, shall 3824
present to the detaining authorities a similar statement of the 3825
circumstances of violation. The field supervisor shall at once 3826
notify the board or department of the arrest and detention of the 3827
offender and shall submit a written report showing in what manner 3828
the offender has violated the conditions of parole or 3829
earned-release supervision. An offender for whose return a 3830
warrant has been issued by the board shall, after the issuance of 3831
the warrant, be deemed a fugitive from justice. 3832
(4) Whenever an offender is arrested on a warrant in 3833
compliance with Section 1 of this act for an alleged violation of 3834
parole as herein provided, the board shall hold an informal 3835
preliminary hearing within seventy-two (72) hours to determine 3836
whether there is reasonable cause to believe the person has 3837
violated a condition of parole. A preliminary hearing shall not 3838
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be required when the offender is not under arrest on a warrant or 3839
the offender signed a waiver of a preliminary hearing. The 3840
preliminary hearing may be conducted electronically. 3841
(5) The right of the State of Mississippi to extradite 3842
persons and return fugitives from justice, from other states to 3843
this state, shall not be impaired by this chapter and shall remain 3844
in full force and effect. An offender convicted of a felony 3845
committed while on parole, whether in the State of Mississippi or 3846
another state, shall immediately have his parole revoked upon 3847
presentment of a certified copy of the commitment order to the 3848
board. If an offender is on parole and the offender is convicted 3849
of a felony for a crime committed prior to the offender being 3850
placed on parole, whether in the State of Mississippi or another 3851
state, the offender may have his parole revoked upon presentment 3852
of a certified copy of the commitment order to the board. 3853
(6) (a) The board shall hold a hearing for any parolee who 3854
is detained as a result of a warrant or a violation report within 3855
twenty-one (21) days of the parolee's admission to detention. The 3856
board may, in its discretion, terminate the parole or modify the 3857
terms and conditions thereof. If the board revokes parole for one 3858
or more technical violations the board shall impose a period of 3859
imprisonment to be served in a technical violation center operated 3860
by the department not to exceed ninety (90) days for the first 3861
revocation and not to exceed one hundred twenty (120) days for the 3862
second revocation. For the third revocation, the board may impose 3863
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a period of imprisonment to be served in a technical violation 3864
center for up to one hundred * * * eighty (180) days or the board 3865
may impose the remainder of the suspended portion of the sentence. 3866
For the fourth and any subsequent revocation, the board may impose 3867
up to the remainder of the suspended portion of the sentence. The 3868
period of imprisonment in a technical violation center imposed 3869
under this section shall not be reduced in any manner. 3870
(b) If the board does not hold a hearing or does not 3871
take action on the violation within the twenty-one-day time frame 3872
in paragraph (a) of this subsection, the parolee shall be released 3873
from detention and shall return to parole status. The board may 3874
subsequently hold a hearing and may revoke parole or may continue 3875
parole and modify the terms and conditions of parole. If the 3876
board revokes parole for one or more technical violations the 3877
board shall impose a period of imprisonment to be served in a 3878
technical violation center operated by the department not to 3879
exceed ninety (90) days for the first revocation and not to exceed 3880
one hundred twenty (120) days for the second revocation. For the 3881
third revocation, the board may impose a period of imprisonment to 3882
be served in a technical violation center for up to one hundred 3883
eighty (180) days or the board may impose the remainder of the 3884
suspended portion of the sentence. For the fourth and any 3885
subsequent revocation, the board may impose up to the remainder of 3886
the suspended portion of the sentence. The period of imprisonment 3887
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in a technical violation center imposed under this section shall 3888
not be reduced in any manner. 3889
(c) For a parolee charged with one or more technical 3890
violations who has not been detained awaiting the revocation 3891
hearing, the board may hold a hearing within a reasonable time. 3892
The board may revoke parole or may continue parole and modify the 3893
terms and conditions of parole. If the board revokes parole for 3894
one or more technical violations the board shall impose a period 3895
of imprisonment to be served in a technical violation center 3896
operated by the department not to exceed ninety (90) days for the 3897
first revocation and not to exceed one hundred twenty (120) days 3898
for the second revocation. For the third revocation, the board 3899
may impose a period of imprisonment to be served in a technical 3900
violation center for up to one hundred eighty (180) days or the 3901
board may impose the remainder of the suspended portion of the 3902
sentence. For the fourth and any subsequent revocation, the board 3903
may impose up to the remainder of the suspended portion of the 3904
sentence. The period of imprisonment in a technical violation 3905
center imposed under this section shall not be reduced in any 3906
manner. 3907
(7) Unless good cause for the delay is established in the 3908
record of the proceeding, the parole revocation charge shall be 3909
dismissed if the revocation hearing is not held within the thirty 3910
(30) days of the issuance of the warrant. 3911
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(8) The chairman and each member of the board and the 3912
designated parole revocation hearing officer may, in the discharge 3913
of their duties, administer oaths, summon and examine witnesses, 3914
and take other steps as may be necessary to ascertain the truth of 3915
any matter about which they have the right to inquire. 3916
(9) The board shall provide semiannually to the Oversight 3917
Task Force the number of warrants issued for an alleged violation 3918
of parole, the average time between detention on a warrant and 3919
preliminary hearing, the average time between detention on a 3920
warrant and revocation hearing, the number of ninety-day sentences 3921
in a technical violation center issued by the board, the number of 3922
one-hundred-twenty-day sentences in a technical violation center 3923
issued by the board, the number of one-hundred-eighty-day 3924
sentences issued by the board, and the number and average length 3925
of the suspended sentences imposed by the board in response to a 3926
violation. 3927
SECTION 53. Section 49-5-47, Mississippi Code of 1972, is 3928
amended as follows: 3929
49-5-47. In case of a violation of this chapter or any law 3930
or regulation for the protection of wild animals, birds, fish by a 3931
corporation the warrant of arrest may be read to and a true copy 3932
delivered to the president, secretary, or manager in this state, 3933
or to any general or local agent thereof in the county in 3934
compliance with Section 1 of this act where the action is pending, 3935
and, upon the return of such warrant so served, the corporation 3936
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shall be deemed in court and subject to the jurisdiction thereof, 3937
and any fines imposed may be collected by the execution against 3938
the property of such corporation, but this section shall not be 3939
deemed to exempt any agent or employee from prosecution. 3940
SECTION 54. Section 49-5-115, Mississippi Code of 1972, is 3941
amended as follows: 3942
49-5-115. (a) Any person who violates the provisions of 3943
subsection (c) of Section 49-5-107, or any regulations issued 3944
under Section 49-5-107 or whoever fails to procure or violates the 3945
terms of any permit issued thereunder shall be guilty of a Class I 3946
violation and punished as provided in Section 49-7-141. 3947
(b) Any person who violates the provisions of subsection (c) 3948
of Section 49-5-109, or any regulations issued pursuant thereto or 3949
whoever fails to procure or violates the terms of any permit 3950
issued under subsections (d) and (e) of Section 49-5-111 is guilty 3951
of a Class I violation and is punishable as provided under Section 3952
49-7-141. 3953
(c) All law enforcement and management officers of the 3954
commission and other law enforcement officers authorized to 3955
enforce the laws of the State of Mississippi are authorized to 3956
carry out the provisions of Sections 49-5-101 through 49-5-119. 3957
Any officer or agent may, without warrant in compliance with 3958
Section 1 of this act, arrest any person who the officer or agent 3959
has probable cause to believe is violating, in his presence or 3960
view, any section, regulation or permit provided for by Sections 3961
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49-5-101 through 49-5-119. An officer or agent who has made an 3962
arrest of a person for any such violation may search the person or 3963
business records at the time of arrest and seize any wildlife, 3964
records, or property taken, or used in connection with the 3965
violation. 3966
(d) Equipment, merchandise, wildlife, or records seized 3967
under subsection (c) of this section shall be held by an officer 3968
or agent of the commission pending disposition of court 3969
proceedings, and may be forfeited to the state for destruction or 3970
disposition as the commission may deem appropriate. Prior to 3971
forfeiture, the commission may direct the transfer of wildlife so 3972
seized to a qualified zoological, educational, or scientific 3973
institution for safekeeping, costs thereof to be assessable to the 3974
defendant. The commission is authorized to issue regulations to 3975
implement this subsection. 3976
SECTION 55. Section 49-15-45, Mississippi Code of 1972, is 3977
amended as follows: 3978
49-15-45. Any municipality bounded by the Gulf of Mexico or 3979
Mississippi Sound, which has wholly or partly within its corporate 3980
limits, or in the waters adjacent thereto, a public oyster reef 3981
reserved for catching oysters exclusively by use of hand tongs, is 3982
hereby authorized to aid and cooperate with the department in 3983
enforcing all laws regulating the catching, taking and 3984
transporting of oysters, including all of the provisions of this 3985
chapter in compliance with Section 1 of this act, and all 3986
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regulations and ordinances of such department relating to such 3987
oyster reefs. 3988
SECTION 56. Section 51-9-175, Mississippi Code of 1972, is 3989
amended as follows: 3990
51-9-175. (1) The board of directors of the district may 3991
appoint and commission qualified persons as reservoir police 3992
officers of the district. Any such reservoir police officer so 3993
appointed shall be certified by the Board on Law Enforcement 3994
Officer Standards and Training or in accordance with the Board on 3995
Law Enforcement Officer Standards and Training and shall attain 3996
certification or recertification within one (1) year of 3997
appointment, and shall at all times be answerable and responsible 3998
to the board of directors of the district. 3999
(2) A reservoir police officer appointed and commissioned as 4000
provided in subsection (1) of this section shall, before entering 4001
upon his duties as such officer, take the oath of office 4002
prescribed by Section 268, Mississippi Constitution of 1890, which 4003
shall be endorsed upon his commission. The commission, with the 4004
oath endorsed upon it, shall be entered in the official minute 4005
book of the district. 4006
(3) A reservoir police officer appointed and commissioned 4007
pursuant to the provisions of this article, shall, while engaged 4008
in the performance of his duties, carry on his person a badge 4009
identifying him as a reservoir police officer of the district and 4010
an identification card issued by the district. When in uniform, 4011
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each such reservoir police officer shall wear his badge in plain 4012
view. 4013
(4) A reservoir police officer may exercise the same powers 4014
of arrest in compliance with Section 1 of this act and the right 4015
to bear firearms that may be exercised by any state, municipal or 4016
other police officer in this state, but only with respect to 4017
violations of law or violations of regulations adopted pursuant to 4018
Section 51-9-127, which are committed on the property owned by the 4019
district. This includes property which is owned by the district 4020
but has been leased or rented to other parties. Any right granted 4021
under this subsection in no way relieves the requirements of 4022
appropriate affidavit and warrant for arrest from the appropriate 4023
jurisdiction and authority pursuant to the laws of this state. 4024
(5) On behalf of each person who is trained as a reservoir 4025
police officer at the Mississippi Law Enforcement Officers' 4026
Training Academy, the district shall be required to pay to the 4027
academy at least an amount equal to the per student cost of 4028
operation of the academy as tuition. 4029
SECTION 57. Section 59-21-127, Mississippi Code of 1972, is 4030
amended as follows: 4031
59-21-127. It shall be the duty of all enforcement officers 4032
to enforce, and to obey and carry out all instructions, 4033
directions, rules and regulations of the commission with respect 4034
to the enforcement of the provisions of this chapter. Each 4035
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enforcement officer shall account for and pay over, pursuant to 4036
law, all monies received by him or her under this chapter. 4037
Such enforcement officers shall have the power, and it shall 4038
be their duty, to execute all warrants in compliance with Section 4039
1 of this act for violations of the rules and regulations of the 4040
commission and the provisions of this chapter; to serve subpoenas 4041
issued for the examination and investigation or trial of such 4042
violations; to board and examine, without warrant, any vessel 4043
required to be numbered under this chapter, to ascertain whether 4044
any of the provisions of this chapter or any rule or regulation of 4045
the commission has been or is being violated, and to use such 4046
force as may be necessary for the purpose of such examination and 4047
inspection; to arrest, without warrant in compliance with Section 4048
1 of this act, any person committing a violation of this chapter 4049
or the rules and regulations of the commission in the presence of 4050
the enforcement officers, and to take such person before a 4051
magistrate or court having jurisdiction for trial or hearing; and 4052
to exercise such other powers of peace officers in the enforcement 4053
of this chapter and the rules and regulations of the commission or 4054
of a judgment for the violation thereof, as are not herein 4055
specifically provided. No enforcement officers shall compromise 4056
or settle out of court any violation of the provisions of this 4057
chapter or any rule or regulation promulgated by the commission. 4058
SECTION 58. Section 63-9-23, Mississippi Code of 1972, is 4059
amended as follows: 4060
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63-9-23. The foregoing provisions of this chapter shall 4061
govern all police officers in making arrests without a warrant for 4062
violations of Chapters 3, 5 and 7 of this title for offenses 4063
committed in their presence, but the procedure prescribed herein 4064
shall not otherwise be exclusive of any other method prescribed by 4065
law for the arrest and prosecution of a person for an offense of 4066
like grade. All arrests shall be executed in compliance with 4067
Section 1 of this act. 4068
SECTION 59. Section 63-17-5, Mississippi Code of 1972, is 4069
amended as follows: 4070
63-17-5. Any owner or person having an automobile in his or 4071
her possession shall, upon request of any sheriff, constable, 4072
justice of the peace, mayor, marshal or police officer, exhibit to 4073
such officer for inspection the bill of sale provided for in 4074
Section 63-17-1, or shall permit such officer to make inspection 4075
of such automobile, and shall answer all inquiries truthfully that 4076
may be propounded by such officer with references to such 4077
automobile and the history of the title thereto. Refusal so to do 4078
shall subject such person to immediate arrest by such officer, 4079
without warrant in compliance with Section 1 of this act, and 4080
subject him or her to the penalties prescribed by law. 4081
SECTION 60. Section 65-1-131, Mississippi Code of 1972, is 4082
amended as follows: 4083
65-1-131. (1) The Mississippi Transportation Commission may 4084
appoint and commission qualified persons as security officers of 4085
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the Mississippi Department of Transportation. Any such security 4086
officer so appointed shall be a full-time employee of the 4087
Transportation Department and shall not be employed by any 4088
privately owned guard or security service, and shall at all times 4089
be answerable and responsible to the Mississippi Transportation 4090
Commission and the Executive Director of the Mississippi 4091
Department of Transportation. 4092
(2) A security officer appointed and commissioned as 4093
provided in subsection (1) of this section shall, before entering 4094
upon his duties as such officer, take the oath of office 4095
prescribed by Section 268, Mississippi Constitution of 1890, which 4096
shall be endorsed upon his commission. The commission, with the 4097
oath endorsed upon it, shall be entered in the official minute 4098
book of the Transportation Commission. 4099
(3) A security officer appointed and commissioned pursuant 4100
to the provisions of subsection (1) of this section, shall, while 4101
engaged in the performance of his duties, carry on his person a 4102
badge identifying him as a security officer of the Mississippi 4103
Department of Transportation and an identification card issued by 4104
the Transportation Commission. When in uniform, each such 4105
security officer shall wear his badge in plain view. 4106
(4) A security officer appointed and commissioned under 4107
subsection (1) of this section may exercise the same powers of 4108
arrest in compliance with Section 1 of this act and the right to 4109
bear firearms that may be exercised by any state, municipal or 4110
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other police officer in this state, but only with respect to 4111
violations of law which are committed on or within buildings, 4112
property or facilities owned by or under the jurisdiction of the 4113
Transportation Commission or the Transportation Department. Any 4114
right granted under this subsection in no way relieves the 4115
requirements of appropriate affidavit and warrant for arrest from 4116
the appropriate jurisdiction and authority pursuant to the laws of 4117
this state. 4118
(5) On behalf of each person who is employed as a security 4119
officer under subsection (1) of this section and who is trained as 4120
a security officer at the Mississippi Law Enforcement Officers' 4121
Training Academy, the Transportation Department shall be required 4122
to pay to the academy at least an amount equal to the per student 4123
cost of operation of said academy as tuition. 4124
SECTION 61. Section 67-1-31, Mississippi Code of 1972, is 4125
amended as follows: 4126
67-1-31. The department shall issue to all agents and 4127
inspectors appointed under this article a written certificate of 4128
appointment under the seal of said department, of which judicial 4129
notice shall be taken by all courts of this state. Such agents 4130
and inspectors are hereby declared to be police officers in 4131
enforcing the provisions of this article, and in the performance 4132
of their duties such employees shall have the authority to bear 4133
arms, to make arrests, in compliance with Section 1 of this act to 4134
make searches and seizures under this article and in compliance 4135
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with Section 1 of this act, and to serve any protest, notice or 4136
order connected with the enforcement of this article by whatever 4137
officer or authority of court issued. The members of the 4138
department shall not be personally liable to any person on account 4139
of any act, neglect or omission of any such agent or inspector. 4140
The powers and duties of the agents and inspectors shall 4141
include, in addition to all others prescribed by law the following 4142
powers: to arrest, without warrant, any person committing or 4143
attempting to commit a misdemeanor, felony or a breach of the 4144
peace within his presence or view, and to pursue and so arrest any 4145
person committing such an offense to and at any place in the state 4146
where the person may go or be; and to aid and assist any law 4147
enforcement officer, if requested. 4148
SECTION 62. Section 77-7-335, Mississippi Code of 1972, is 4149
amended as follows: 4150
77-7-335. (1) All division inspectors on duty shall wear 4151
uniforms, shall have the right to bear arms, and shall have the 4152
authority to make arrests and hold and impound any vehicle and the 4153
contents thereof which is being operated in violation of this 4154
chapter or the commission's or the department's rules, regulations 4155
or general orders promulgated thereunder. 4156
(2) All inspectors shall have the authority to enforce all 4157
of the laws, rules and regulations of the commission and the 4158
department under this chapter upon all highways in the state and 4159
the rights-of-way of such highways and other properties as defined 4160
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in Section 77-7-261; except that if any person commits an offense 4161
in violation of this chapter or the rules and regulations of the 4162
commission or the department upon a highway in the state and be 4163
pursued by an enforcement officer or inspector of the division, 4164
such enforcement officer or inspector may pursue and apprehend 4165
such offender upon any of the highways in this state, or to any 4166
other place to which such offender may flee. 4167
(3) All inspectors shall have the authority to aid and 4168
assist any law enforcement officer whose life or safety is in 4169
jeopardy and may arrest without warrant in compliance with Section 4170
1 of this act any fugitive from justice who has escaped or who is 4171
using the highways in the state in an attempt to flee. Inspectors 4172
of the division may assist other law enforcement agencies in 4173
searching for convicted felons who have escaped or for alleged 4174
felons where there is probable cause to believe that the person 4175
being sought committed the felony and a felony had actually been 4176
committed. 4177
(4) Upon request of a sheriff of any county or the chief of 4178
police of any community, all division inspectors have the 4179
authority to assist in traffic control during time of natural 4180
disasters, such as hurricanes, tornados or floods. 4181
(5) All inspectors shall have the authority to assist any 4182
officer of the department at the discretion and direction of the 4183
commissioner. 4184
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(6) All inspectors shall have the authority to purchase and 4185
use speed detection equipment on commercial vehicles that they are 4186
authorized to inspect as provided in Section 77-7-16. 4187
SECTION 63. Section 77-9-505, Mississippi Code of 1972, is 4188
amended as follows: 4189
77-9-505. (1) Upon request by the chief police officer of 4190
any railroad located wholly or partially within this state, the 4191
Commissioner of Public Safety may appoint and commission as a 4192
railroad police officer any qualified person named by such chief 4193
police officer; provided, however, that the Commissioner of Public 4194
Safety may refuse to appoint or may rescind the appointment of 4195
anyone. Any such railroad police officer so appointed shall at 4196
all times be answerable and responsible to the Commissioner of 4197
Public Safety. 4198
(2) A railroad police officer appointed and commissioned as 4199
provided in subsection (1) of this section shall, before entering 4200
upon his or her duties as such officer, take the oath of office 4201
prescribed by Section 268, Mississippi Constitution of 1890, which 4202
shall be endorsed upon his or her commission. The commission, 4203
with the oath endorsed upon it, shall be recorded in the office of 4204
the Commissioner of Public Safety. 4205
(3) A railroad police officer appointed and commissioned 4206
pursuant to the provisions of Sections 77-9-501 through 77-9-517 4207
shall, while engaged in the performance of his or her duties, 4208
carry on his person a badge identifying him or her as a police 4209
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officer of the railroad and an identification card issued by the 4210
railroad and countersigned by the Commissioner of Public Safety. 4211
When in uniform each such railroad police officer shall wear his 4212
or her badge in plain view. 4213
(4) A railroad policeman may exercise the same powers of 4214
arrest and the right to bear firearms that may be exercised by any 4215
state, municipal or other police officer in this state, but only 4216
with respect to offenses committed against property owned by or in 4217
the possession of the railroad or against any person arising out 4218
of an offense committed against said railroad on railroad 4219
property, or against any employee of the railroad engaged in the 4220
performance of his or her duties. Railroad property for the 4221
purposes of Sections 77-9-501 through 77-9-517 shall be construed 4222
to mean only property owned by or in possession of the railroad on 4223
railroad rights-of-way or switching yards. Any right granted 4224
under this subsection in no way relieves the requirements of 4225
appropriate affidavit and warrant for arrest from the appropriate 4226
jurisdiction and authority pursuant to the laws of this state and 4227
in compliance with Section 1 of this act. 4228
(5) Any person who is trained as a railroad police officer 4229
at the Mississippi Law Enforcement Training Academy shall be 4230
required to pay at least an amount equal to the per student cost 4231
of operation of said academy as tuition. 4232
SECTION 64. Section 93-9-31, Mississippi Code of 1972, is 4233
amended as follows: 4234
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93-9-31. (1) The court shall, if need be, require the 4235
father to give security by bond or other security, with sufficient 4236
sureties approved by the court, for the payment of the order of 4237
filiation. Such security, when required, shall not exceed three 4238
(3) times the total periodic sum the father shall be required to 4239
pay under the terms of the order of filiation in any one (1) 4240
calendar year. If bond or security be required, and in case the 4241
action has been instituted by a public welfare official, the 4242
defendant shall also be required to give security that he will 4243
indemnify the state and the county where the child was or may be 4244
born and every other county against any expense for the support 4245
and education of the child, which said undertaking shall also 4246
require that all arrears shall be paid by the principal and 4247
sureties. In default of such security, when required, the court 4248
may commit him to jail, or put him on probation. At any time 4249
within one (1) year he may be discharged from jail, but his 4250
liability to pay the judgment shall not be thereby affected. 4251
(2) Whenever any order of filiation has been made, but no 4252
bond or other security has been required for payment of support of 4253
the child, and whenever such payments as have become due remain 4254
unpaid for a period of at least thirty (30) days, the court may, 4255
upon petition of the person to whom such payments are due, or such 4256
person's legal representative, enter an order requiring that bond 4257
or other security be given by the father in accordance with and 4258
under such terms and conditions as provided for in subsection (1) 4259
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of this section. The father shall, as in other civil actions, be 4260
served with process and shall be entitled to a hearing in such 4261
case. 4262
(3) Where security is given and default is made in any 4263
payment, the court shall cite the parties bound by the security 4264
requiring them to show cause why judgment should not be given 4265
against them and execution issued thereon. If the amount due and 4266
unpaid shall not be paid before the return day of the citation, 4267
and no cause be shown to the contrary, judgment shall be rendered 4268
against those served with the citation for the amount due and 4269
unpaid together with costs, and execution shall issue therefor, 4270
saving all remedies upon the bond for future default. The 4271
judgment is a lien on real estate and in other respects 4272
enforceable the same as other judgments. The amount collected on 4273
such judgment or such sums as may have been deposited as 4274
collateral, in lieu of bond when forfeited, may be used for the 4275
benefit of the child, as provided for in the order of filiation. 4276
(4) If at any time after an order of filiation in paternity 4277
proceedings shall have been made, and an undertaking given 4278
thereon, in accordance with the provisions of Sections 93-9-1 4279
through 93-9-49 and such undertaking shall not be complied with, 4280
or that for any reason a recovery thereon cannot be had, or if the 4281
original undertaking shall have been complied with, and the 4282
sureties discharged therefrom, or if money were deposited in lieu 4283
of bail, and the same shall have been exhausted, and the natural 4284
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child still needs support, the public welfare official of any 4285
county where the natural child for whose support the order of 4286
filiation was made shall be at the time, or the Commissioner of 4287
the State Welfare Department upon giving proof of the making of 4288
the order of filiation, the giving of the above-mentioned 4289
undertaking, and the noncompliance therewith, or that the sureties 4290
have been discharged from their liability, or that for any reason 4291
a recovery cannot be had on such undertaking, may apply to the 4292
court in such county having jurisdiction in filiation proceedings, 4293
for a warrant for the arrest of the defendant against whom such 4294
order of filiation was made in compliance with Section 1 of this 4295
act, which shall be executed in the manner provided in criminal 4296
procedure for the execution of the warrant; upon the arrest and 4297
arraignment of the defendant in said court, and upon proof of the 4298
making of the order of filiation, the giving of the 4299
above-mentioned undertaking, and the noncompliance therewith, or 4300
that for any reason a recovery cannot be had on such undertaking, 4301
the said court shall make an order requiring him to give a new 4302
undertaking, which said undertaking shall also require that all 4303
arrears shall be paid by the principal and sureties, or upon his 4304
failure to give such new undertaking, shall commit him to jail, or 4305
put him on probation. 4306
(5) If the child and mother die, or the father and mother be 4307
legally married to each other, the court in which such security is 4308
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filed, on proof of such fact, may cause the security to be marked 4309
"cancelled" and be surrendered to the obligors. 4310
SECTION 65. Section 97-19-75, Mississippi Code of 1972, is 4311
amended as follows: 4312
97-19-75. (1) The holder of any check, draft or order for 4313
the payment of money which has been made, drawn, issued, uttered 4314
or delivered in violation of Section 97-19-55, Mississippi Code of 4315
1972, may, after complying with the provisions of Section 4316
97-19-57, Mississippi Code of 1972, present a complaint to the 4317
district attorney. The complaint shall be accompanied by the 4318
original check, draft or order upon which the complaint is filed 4319
and the return receipt showing mailing of notice under Section 4320
97-19-57, Mississippi Code of 1972. Not more than one (1) check, 4321
draft or order shall be included within a single complaint. Upon 4322
receipt of such complaint, the district attorney shall evaluate 4323
the complaint to determine whether or not the complaint is 4324
appropriate to be processed by the district attorney. 4325
(2) If, after filing a complaint with the district attorney, 4326
the complainant wishes to withdraw the complaint for good cause, 4327
the complainant shall pay a fee of Thirty Dollars ($30.00) to the 4328
office of the district attorney for processing such complaint. 4329
Upon payment of the processing fee and withdrawal of the 4330
complaint, the district attorney shall return the original check, 4331
draft or order to the complainant. 4332
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(3) After approval of the complaint by the district 4333
attorney, a warrant may be issued by any judicial officer 4334
authorized by law to issue arrest warrants, the warrant shall be 4335
executed in compliance with Section 1 of this act and the warrant 4336
may be held by the district attorney. After issuance of a warrant 4337
or upon approval of a complaint by the district attorney, the 4338
district attorney shall issue a notice to the individual charged 4339
in the complaint, informing him that a warrant has been issued for 4340
his arrest or that a complaint has been received by the district 4341
attorney and that he may be eligible for deferred prosecution for 4342
a violation of Section 97-19-55, Mississippi Code of 1972, by 4343
voluntarily surrendering himself to the district attorney within 4344
ten (10) days, Saturdays, Sundays and legal holidays excepted, 4345
from receipt of the notice. Such notice shall be sent by United 4346
States mail. 4347
(4) (a) If the check is not a casino marker, and the 4348
accused voluntarily surrenders himself within the time period as 4349
provided by subsection (3) of this section, the accused shall be 4350
presented with the complaint and/or warrant and prosecution of the 4351
accused may be deferred upon payment by the accused of a service 4352
charge in the amount of Forty Dollars ($40.00) to the district 4353
attorney and by execution of a restitution agreement as 4354
hereinafter provided. 4355
(b) If the check is a casino marker, and the accused 4356
voluntarily surrenders himself within the time period as provided 4357
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by subsection (3) of this section, the accused shall be presented 4358
with the complaint and/or warrant, and prosecution of the accused 4359
may be deferred upon payment by the accused of a service charge in 4360
the amounts specified in this paragraph (b) to the district 4361
attorney and by execution of a restitution agreement as 4362
hereinafter provided. The amounts of the service charge are as 4363
follows: 4364
(i) Forty Dollars ($40.00), if the amount of the 4365
check or draft is equal to or less than One Hundred Dollars 4366
($100.00). 4367
(ii) Fifty Dollars ($50.00), if the face amount of 4368
the check or draft is more than One Hundred Dollars ($100.00) but 4369
does not exceed Three Hundred Dollars ($300.00). 4370
(iii) Seventy-five Dollars ($75.00), if the face 4371
amount of the check or draft is more than Three Hundred Dollars 4372
($300.00) but does not exceed One Thousand Dollars ($1,000.00). 4373
(iv) One Hundred Fifty Dollars ($150.00), if the 4374
face amount of the check or draft is more than One Thousand 4375
Dollars ($1,000.00) but does not exceed Two Thousand Five Hundred 4376
Dollars ($2,500.00). 4377
(v) Five Hundred Dollars ($500.00), if the face 4378
amount of the check or draft is more than Two Thousand Five 4379
Hundred Dollars ($2,500.00) but does not exceed Ten Thousand 4380
Dollars ($10,000.00). 4381
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(vi) Ten percent (10%) of the face amount of the 4382
check or draft, if the face amount of the check or draft is more 4383
than Ten Thousand Dollars ($10,000.00). 4384
(5) For the purposes of Sections 97-19-73 through 97-19-81, 4385
the term "restitution" shall mean and be defined as the face 4386
amount of any check, draft or order for the payment of money made, 4387
drawn, issued, uttered or delivered in violation of Section 4388
97-19-55, Mississippi Code of 1972, plus a service charge payable 4389
to the complainant in the amount of Thirty Dollars ($30.00). 4390
(6) After an accused has voluntarily surrendered himself and 4391
paid the service charge as provided by subsection (4) of this 4392
section, the district attorney may enter into a restitution 4393
agreement with the accused prescribing the terms by which the 4394
accused shall satisfy restitution to the district attorney on 4395
behalf of the complainant. The terms of such agreement shall be 4396
determined on a case-by-case basis by the district attorney, but 4397
the duration of any such agreement shall be no longer than a 4398
period of six (6) months. No interest shall be charged or 4399
collected on restitution monies. The restitution agreement shall 4400
be signed by the accused and approved by the district attorney 4401
before it is effective. If the accused does not honor each term 4402
of the restitution agreement signed by him, the accused may be 4403
proceeded against by prosecution under the provisions of Sections 4404
97-19-55 through 97-19-69, Mississippi Code of 1972, and as 4405
provided by Section 97-19-79. If the accused makes restitution 4406
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and pays all charges set out by statute or if the accused enters 4407
into a restitution agreement as set out above and honors all terms 4408
of such agreement, then if requested, the original check may be 4409
returned to the accused and a photocopy retained in the check 4410
file. 4411
(7) If the holder of any check, draft or order for the 4412
payment of money presents to the district attorney satisfactory 4413
evidence that the original check, draft or order is unavailable 4414
and satisfactory evidence of the check, draft or order is 4415
presented in the form of bank records or a photographic copy of 4416
the instrument, whether from microfilm or otherwise, then the 4417
procedures provided for in this section may be followed in the 4418
absence of the original check, draft or order. 4419
SECTION 66. Section 97-19-79, Mississippi Code of 1972, is 4420
amended as follows: 4421
97-19-79. If, after receiving notice as provided for by 4422
subsection (3) of Section 97-19-75, the accused fails to timely 4423
surrender himself to the district attorney as prescribed in the 4424
notice or, if having timely surrendered himself, the accused fails 4425
to pay the service charge prescribed by subsection (4) of Section 4426
97-19-75 and/or fails to execute or comply with the terms of any 4427
restitution agreement executed in accordance with the provisions 4428
of Section 97-19-75, then the district attorney shall file the 4429
complaint, along with the arrest warrant, if any, which the 4430
district attorney may be holding against the accused, with the 4431
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municipal court, justice court, county court or circuit court in 4432
his district having jurisdiction, and prosecution against the 4433
accused may be commenced in accordance with the provisions of 4434
Sections 97-19-55 through 97-19-69, Mississippi Code of 1972, or 4435
as otherwise provided by law. The arrest warrant shall be 4436
executed in compliance with Section 1 of this act. If such 4437
prosecution is commenced, the court may assess the defendant the 4438
service charge payable to the district attorney as provided in 4439
Section 97-19-75(4), Mississippi Code of 1972. 4440
SECTION 67. Section 99-3-18, Mississippi Code of 1972, is 4441
amended as follows: 4442
99-3-18. (1) In any case in which a person is arrested for 4443
an offense declared to be a misdemeanor and does not demand to be 4444
taken before a municipal judge, justice court judge or other 4445
judge, such person may, instead of being taken before a judge, be 4446
released according to the procedures set forth by this section and 4447
Section 99-3-17. If the arresting officer or his superior 4448
determines that the person should be released, such officer or 4449
superior shall prepare in duplicate a written notice to appear in 4450
court, containing the name and address of such person, the offense 4451
charged, and the time when and place where such person shall 4452
appear in court. If the person is not released prior to being 4453
booked and the officer in charge of the booking or his superior 4454
determines that the person should be released, such officer or 4455
superior shall prepare such written notice to appear in court. 4456
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Unless waived by the arrested person, the time specified in the 4457
notice to appear shall be at least five (5) days after arrest. 4458
The place specified in the notice shall be the court of the 4459
municipal judge, justice court judge or other judge before whom 4460
the person would be taken if the requirement of taking an arrested 4461
person before a judge were complied with, or shall be an officer 4462
authorized by such court to receive a deposit of bail. 4463
(2) The officer shall deliver one (1) copy of the notice to 4464
appear to the arrested person, and the arrested person, in order 4465
to secure release, shall give his written promise to appear in 4466
court by signing the duplicate notice which shall be retained by 4467
the officer. Thereupon the arresting officer shall forthwith 4468
release the person arrested from custody. The officer shall, as 4469
soon as practicable, file the duplicate notice with the municipal 4470
judge, justice court judge or other judge specified therein. No 4471
warrant shall issue on such charge for the arrest of a person who 4472
has given such written promise to appear in court, unless and 4473
until he has violated such promise or has failed to appear for 4474
trial or judgment, or to comply with the terms and provisions of 4475
the judgment, as required by law. All arrests shall be executed 4476
in compliance with Section 1 of this act. 4477
(3) If the arrested person is not released pursuant to the 4478
provisions of this section and Section 99-3-17 prior to being 4479
booked by the arresting agency, then at the time of booking, the 4480
officer in charge of such booking or his superior officer, or any 4481
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other person designated by a city or county for this purpose may 4482
make an immediate investigation into the background of the person 4483
to determine whether he should be released pursuant to the 4484
provisions of this section and Section 99-3-17. Such 4485
investigation shall include, but need not be limited to, the 4486
person's name, address, length of residence at that address, 4487
length of residence within this state, marital and family status, 4488
employment, length of that employment, prior arrest record and 4489
such other facts relating to the person's arrest which would bear 4490
on the question of his release pursuant to the provisions of this 4491
section and Section 99-3-17. 4492
SECTION 68. Section 99-3-19, Mississippi Code of 1972, is 4493
amended as follows: 4494
99-3-19. When a person accused of any offense removes or 4495
escapes to another county, a warrant issued by a justice of the 4496
peace in the county in which the offense was committed shall 4497
authorize the arrest of such offender, and his or her removal to 4498
the county in which the offense was committed or is triable. All 4499
arrests shall be executed in compliance with Section 1 of this 4500
act. 4501
SECTION 69. Section 99-3-21, Mississippi Code of 1972, is 4502
amended as follows: 4503
99-3-21. A justice of the peace of any county into which an 4504
offender may have removed himself or herself or escaped, on the 4505
oath of some credible person, may issue his or her warrant for the 4506
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arrest of such offender, returnable before any justice of the 4507
peace of the county where the offense is cognizable, which shall 4508
authorize the arrest and removal of such offender to the proper 4509
county for examination. The arrest shall be executed in 4510
compliance with Section 1 of this act. 4511
SECTION 70. Section 99-3-28, Mississippi Code of 1972, is 4512
amended as follows: 4513
99-3-28. (1) (a) (i) Except as provided in subsection (2) 4514
of this section, before an arrest warrant shall be issued against 4515
any teacher who is a licensed public school employee as defined in 4516
Section 37-9-1, a certified jail officer as defined in Section 4517
45-4-9, a counselor at an adolescent opportunity program created 4518
under Section 43-27-201 et seq., or a sworn law enforcement 4519
officer within this state as defined in Section 45-6-3 for a 4520
criminal act, whether misdemeanor or felony, which is alleged to 4521
have occurred while the teacher, jail officer, counselor at an 4522
adolescent opportunity program or law enforcement officer was in 4523
the performance of official duties, a probable cause hearing shall 4524
be held before a circuit court judge. The purpose of the hearing 4525
shall be to determine if adequate probable cause exists for the 4526
issuance of a warrant. All parties testifying in these 4527
proceedings shall do so under oath. The accused shall have the 4528
right to enter an appearance at the hearing, represented by legal 4529
counsel at his own expense, to hear the accusations and evidence 4530
against him; he may present evidence or testify in his own behalf. 4531
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(ii) The authority receiving any such charge or 4532
complaint against a teacher, jail officer, counselor at an 4533
adolescent offender program or law enforcement officer shall 4534
immediately present same to the county prosecuting attorney having 4535
jurisdiction who shall immediately present the charge or complaint 4536
to a circuit judge in the judicial district where the action arose 4537
for disposition pursuant to this section. 4538
(b) For any person not covered under paragraph (a) of 4539
this subsection, before an arrest warrant based on the criminal 4540
complaint of a person who is not a law enforcement officer acting 4541
in the officer's official capacity may be issued against the 4542
person for an alleged criminal act, whether misdemeanor or felony, 4543
the appropriate judge must make a determination, with or without a 4544
hearing, as to whether the affidavit clearly identifies probable 4545
cause to believe that the offense alleged has been committed, at 4546
the discretion of the court. If the judge elects to hold a 4547
probable cause hearing, parties testifying shall do so under oath 4548
and the accused shall have the right to enter an appearance, be 4549
represented by legal counsel at his own expense, to hear the 4550
accusations and evidence against him, and may present evidence or 4551
testify in his own behalf. 4552
(2) Nothing in this section shall prohibit the issuance of 4553
an arrest warrant by a circuit court judge upon presentation of 4554
probable cause, without the holding of a probable cause hearing, 4555
if adequate evidence is presented to satisfy the court that there 4556
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is a significant risk that the accused will flee the court's 4557
jurisdiction or that the accused poses a threat to the safety or 4558
well-being of the public. The arrest warrant shall be executed in 4559
compliance with Section 1 of this act. 4560
(3) Nothing in this section shall prohibit a law enforcement 4561
officer from arresting any person under circumstances in which the 4562
law enforcement officer would not be required to seek a warrant 4563
from a court. 4564
SECTION 71. Section 99-20-17, Mississippi Code of 1972, is 4565
amended as follows: 4566
99-20-17. Upon failure to complete the community service 4567
sentence, the case shall be restored to the court calendar for 4568
resentencing and a warrant for the arrest of the defendant shall 4569
immediately be issued. The arrest warrant shall be executed in 4570
compliance with Section 1 of this act. 4571
SECTION 72. Section 99-21-1, Mississippi Code of 1972, is 4572
amended as follows: 4573
99-21-1. Any conservator of the peace, upon complaint on 4574
oath made before him or her, or on other satisfactory evidence, 4575
that any person within this state has committed treason, felony, 4576
or other crime in some other state or territory, and has fled from 4577
justice may issue a warrant for the arrest of such person as if 4578
the offense had been committed in this state The arrest warrant 4579
shall be executed in compliance with Section 1 of this act. 4580
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SECTION 73. Section 99-33-3, Mississippi Code of 1972, is 4581
amended as follows: 4582
99-33-3. On affidavit of the commission of any crime, of 4583
which the justice court has jurisdiction, lodged with the justice 4584
court, the clerk shall, upon direction by a justice court judge of 4585
the county, issue a warrant for the arrest of the offender 4586
returnable forthwith or on a certain day to be named. The arrest 4587
warrant shall be executed in compliance with Section 1 of this 4588
act. The clerk, or the justice court judge to whom the case is 4589
assigned, shall issue subpoenas for witnesses as in civil cases, 4590
and the justice court judge may enter a conviction as provided in 4591
Section 99-19-3, or shall try and dispose of the case according to 4592
law; and, on conviction, shall order such punishment to be 4593
inflicted as the law provides; provided, however, that no fine 4594
imposed shall be in an amount less than Fifteen Dollars ($15.00). 4595
SECTION 74. Section 99-37-7, Mississippi Code of 1972, is 4596
amended as follows: 4597
99-37-7. (1) Subject to the provisions of Section 4598
99-19-20.1, when a defendant sentenced to pay a fine or to make 4599
restitution defaults in the payment thereof or of any installment, 4600
the court, on motion of the district attorney, or upon its own 4601
motion, may require him to show cause why his default should not 4602
be treated as contempt of court, and may issue a show cause 4603
citation or a warrant of arrest for his appearance. The warrant 4604
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of arrest shall be executed in compliance with Section 1 of this 4605
act. 4606
(2) Subject to the provisions of Section 99-19-20.1, unless 4607
the defendant shows that his default was not attributable to an 4608
intentional refusal to obey the order of the court or to a failure 4609
on his part to make a good faith effort to make the payment, the 4610
court may find that his default constitutes contempt and may order 4611
him committed until the fine or the restitution, or a specified 4612
part thereof, is paid. 4613
(3) A judicial officer shall not be held criminally or 4614
civilly liable for failure of any defendant to pay any fine or to 4615
make restitution if the officer exercises his judicial authority 4616
in accordance with subsections (1) and (2) of this section to 4617
require the payment of such fine or restitution. 4618
(4) When a fine or an order of restitution is imposed on a 4619
corporation or unincorporated association, it is the duty of the 4620
person authorized to make disbursement from the assets of the 4621
corporation or association to pay the fine or make the restitution 4622
from those assets, and his failure to do so may be held to be 4623
contempt unless he makes the showing required in subsection (2) of 4624
this section. 4625
SECTION 75. This act shall take effect and be in force from 4626
and after July 1, 2026. 4627