Bill Text: MS HB186 | 2012 | Regular Session | Introduced

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Bill Title: Law enforcement officer; create discipline commission to hear complaints.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2012-03-06 - Died In Committee [HB186 Detail]

Download: Mississippi-2012-HB186-Introduced.html

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MISSISSIPPI LEGISLATURE

2012 Regular Session

To: Judiciary B

By: Representative Moak

House Bill 186

AN ACT TO CREATE THE LAW ENFORCEMENT OFFICER DISCIPLINE COMMISSION THAT SHALL HEAR COMPLAINTS REGARDING OFFICER MISCONDUCT; TO PROVIDE FOR THE MEMBERSHIP OF THE COMMISSION; TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION; TO PROVIDE FOR PENALTIES; AND FOR RELATED PURPOSES.

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

     SECTION 1.  (1)  There is created the Law Enforcement Officer Discipline Commission that shall hear complaints of officer misconduct.  The commission shall be comprised of five (5) persons appointed by the Chief Justice of the Supreme Court for a term concurrent to the term of the Chief Justice as follows:

          (a)  One (1) member shall be a prosecuting attorney;

          (b)  One (1) member shall be a public defender;

          (c)  One (1) member shall be a retired circuit court judge;

          (d)  One (1) member shall be a retired law enforcement officer; and

          (e)  One (1) member shall be a citizen of the state who is not engaged in the professions mentioned in paragraphs (a) through (d).

     (2)  The commission shall hear complaints from persons alleging violations of the law by law enforcement officers in the performance of their duties.  The commission shall review any necessary evidence and testimony regarding an alleged violation. If a majority of the commission determines that a violation has occurred, it shall forward the findings to the appropriate district attorney who shall investigate the case and prosecute the officers if the facts warrant prosecution.

     (3)  A law enforcement officer found guilty of a criminal violation shall be subject to the penalties provided by law for the offense committed and in addition to such penalties the officer shall be subject to disciplinary proceedings by the respective law enforcement agency and a fine of not more than Five Thousand Dollars ($5,000.00).

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2012.