Bill Text: MS HB728 | 2011 | Regular Session | Introduced
Bill Title: Mississippi Police Brutality Law; enact.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2011-02-01 - Died In Committee [HB728 Detail]
Download: Mississippi-2011-HB728-Introduced.html
MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Judiciary B
By: Representative Calhoun (By Request)
House Bill 728
AN ACT TO CREATE THE MISSISSIPPI POLICE BRUTALITY ACT; TO PROVIDE A METHOD WHEREBY CITIZENS MAY FILE COMPLAINTS AGAINST LAW ENFORCEMENT OFFICERS REGARDING POLICE MISCONDUCT; TO PROVIDE FOR A HEARING FOR SUCH COMPLAINTS; TO PROVIDE PENALTIES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) This act shall be known and may be cited as the Mississippi Police Brutality Act.
(2) Any person aggrieved by an action by a law enforcement officer against such person may file a complaint in the circuit court for the circuit court district where the action took place. The court shall hold a hearing within forty-five (45) days after receiving the complaint to determine if a violation has occurred. The person filing the complaint and the law enforcement officer shall take a polygraph examination regarding the incident which shall be reviewed by the court.
(3) If the court finds that the law enforcement officer has committed a violation of misconduct, racial misconduct, unnecessary physical abuse or other improper conduct, the officer shall be subject to a fine of Five Thousand Dollars ($5,000.00) and a suspension from the law enforcement agency for thirty (30) days.
(4) Any person who files a false claim under this section shall be subject to a fine of One Thousand Dollars ($1,000.00) or imprisonment for not more than six (6) months, or both.
(5) If the conduct of the officer is found to be a violation of law, the district attorney shall file the appropriate criminal charges and prosecute the officer.
SECTION 2. This act shall take effect and be in force from and after July 1, 2011.
