Bill Text: MS HB772 | 2012 | Regular Session | Introduced

Mississippi House Bill 772 (Prior Session Legislation)

Introduced

Bill Title: Law enforcement review board; require each municipality to create.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2012-03-06 - Died In Committee [HB772 Detail]

Download: Mississippi-2012-HB772-Introduced.html

MISSISSIPPI LEGISLATURE

2012 Regular Session

To: Municipalities; Appropriations

By: Representative Dixon

House Bill 772

AN ACT TO REQUIRE THE GOVERNING AUTHORITIES OF EACH MUNICIPALITY TO CREATE A LAW ENFORCEMENT REVIEW BOARD; TO PROVIDE THE PURPOSES FOR SUCH BOARD; TO PROVIDE THAT NO OFFICER, RELATIVE OF A LAW ENFORCEMENT OFFICER OR ANY EMPLOYEE OF THE MUNICIPALITY SHALL BE APPOINTED TO SUCH BOARD; TO AUTHORIZE THE GOVERNING AUTHORITIES TO PAY THE MEMBERS OF THE BOARD IN AN AMOUNT NOT TO EXCEED FORTY DOLLARS; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) The governing authorities of each municipality shall create a law enforcement review board by December 31, 2012. The purposes of such board shall be:

(a) To investigate and review law enforcement shootings whether the law enforcement officer is on or off duty that result in death; and

(b) To investigate acts of misconduct by a police officer, which include, but are not limited to, sexual assault, drug possession, drug use or aggravated assault.

Each member of the board shall serve a term of at least three (3) years unless disqualified under subsection (2) of this act. Any vacancy shall be filled as provided under this act for appointment of a board member. Each board member shall be eligible for reappointment unless otherwise disqualified under subsection (2) of this act.

(2) Each board shall be composed of no more than seven (7) citizens who shall be appointed by the governing authorities of the municipality and who shall be qualified electors of that municipality. No police officer, relative of a law enforcement officer or any employee of the municipality shall be appointed to such board.

(3) Each board shall have the following powers and duties:

(a) Exercise subpoena power by majority vote, and compel access to or production of such materials or the appearance of such person as may be relevant to investigate, study or review matters within the board's authority and discretion;

(b) Impose disciplinary action against any employee who refuses to answer any questions or cooperate with an investigation;

(c) Investigate any shooting by a law enforcement officer that results in death, complaints of sexual assault, drug possession, drug use or aggravated assault or any other act of misconduct committed by a police officer;

(d) To request and receive any police documents;

(e) To interview any person associated with an investigation by the board; and

(f) To provide findings to the governing authorities of the municipality and the chief law enforcement officer.

(4) The board shall not make public a confidential law enforcement officer document, confidential information derived from such law enforcement officer document or any other confidential information.

(5) (a) Each board shall have its first meeting to organize by January 13, 2013, and a chairperson and vice chairperson shall be elected by a majority of the members present at the first meeting. The board shall meet at least one time each month.

(b) Upon express authority by each municipality, each board member may receive compensation in an amount not to exceed Forty Dollars ($40.00) per day for attending each day's meeting.

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