Constitution; amend Section 26 to expand the jurisdiction of the state grand jury.

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To: Constitution; Judiciary,
Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Wiggins

SENATE CONCURRENT RESOLUTION NO. 502

A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 26 1
OF THE MISSISSIPPI CONSTITUTION OF 1890, TO EXPAND THE SUBJECT 2
MATTER JURISDICTION OF THE STATE GRAND JURY; TO REMOVE THE 3
REQUIREMENT THAT THE CRIMES MUST OCCUR WITHIN MORE THAN ONE 4
CIRCUIT COURT DISTRICT OR HAVE TRANSPIRED OR HAVE SIGNIFICANCE IN 5
MORE THAN 1 CIRCUIT COURT DISTRICT OF THIS STATE. 6
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF 7
MISSISSIPPI, TWO-THIRDS OF THE SENATE AND HOUSE OF REPRESENTATIVES 8
CONCURRING THEREIN, WHICH TWO-THIRDS CONSISTS OF NOT LESS THAN A 9
MAJORITY OF THE MEMBERS ELECTED TO EACH HOUSE, That the following 10
amendment to the Mississippi Constitution of 1890 is proposed to 11
the qualified electors of the state: 12
Amend Section 26, Mississippi Constitution of 1890, to read 13
as follows: 14
Section 26. In all criminal prosecutions the accused shall 15
have a right to be heard by himself or counsel, or both, to demand 16
the nature and cause of the accusation, to be confronted by the 17
witnesses against him, to have compulsory process for obtaining 18
witnesses in his favor, and, in all prosecutions by indictment or 19
information, a speedy and public trial by an impartial jury of the 20
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county where the offense was committed; and he shall not be 21
compelled to give evidence against himself; but in prosecutions 22
for rape, adultery, fornication, sodomy or crime against nature 23
the court may, in its discretion, exclude from the courtroom all 24
persons except such as are necessary in the conduct of the trial. 25
Notwithstanding any other provisions of this Constitution, the 26
Legislature may enact laws establishing a state grand jury with 27
the authority to return indictments regardless of the county where 28
the crime was committed. The subject matter jurisdiction of a 29
state grand jury is limited to criminal violations of the 30
Mississippi Uniform Controlled Substances Law or any other crime 31
involving narcotics, dangerous drugs or controlled substances, or 32
any crime arising out of or in connection with a violation of the 33
Mississippi Uniform Controlled Substances Law or a crime involving 34
narcotics, dangerous drugs or controlled substances * * * or any 35
crime arising out of or in connection with an officer-involved 36
shooting or criminal violations involving public corruption, 37
including embezzlement and fraud. The venue for the trial of 38
indictments returned by a state grand jury shall be as prescribed 39
by general law. 40
BE IT FURTHER RESOLVED, That the amendment in this resolution 41
shall be submitted by the Secretary of State to the qualified 42
electors at an election to be held on the first Tuesday after the 43
first Monday of November 2026, as provided by Section 273 of the 44
Constitution and by general law. 45
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ST: Constitution; amend Section 26 to expand
the jurisdiction of the state grand jury.
BE IT FURTHER RESOLVED, That the explanation of the amendment 46
for the ballot shall read as follows: "This proposed 47
constitutional amendment expands the subject matter jurisdiction 48
of the state grand jury to any crime arising out of or in 49
connection with an officer-involved shooting or criminal 50
violations involving embezzlement and fraud or criminal violations 51
involving public corruption. It also removes the requirement that 52
the crimes within the jurisdiction of the state grand jury must 53
have occurred in more than one (1) circuit court district of the 54
state or have transpired or had significance in more than one (1) 55
circuit court district of the state." 56