Bill Text: MS SB2685 | 2017 | Regular Session | Enrolled
Bill Title: DUI; technical correction bill.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-04-18 - Approved by Governor [SB2685 Detail]
Download: Mississippi-2017-SB2685-Enrolled.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Judiciary, Division A; Appropriations
By: Senator(s) Parker, Jordan, Frazier, Barnett, McMahan, Blackwell, Watson
Senate Bill 2685
(As Sent to Governor)
AN ACT TO AMEND SECTION 63-11-30, MISSISSIPPI CODE OF 1972, TO REQUIRE SECURE, ONLINE ACCESS TO NONADJUDICATION RECORDS FOR JUDGES, CLERKS AND PROSECUTORS; TO REQUIRE DUI DEFENDANTS TO REVEAL PRIOR DUI HISTORY WHEN PLEADING GUILTY; TO AMEND SECTION 63-11-37, MISSISSIPPI CODE OF 1972, TO CLARIFY THE DUTY OF THE TRIAL COURT CLERK TO SUBMIT DISPOSITION INFORMATION IN A TIMELY FASHION; TO AMEND SECTION 1, CHAPTER 457, LAWS OF 2016, TO EXTEND THE EXISTENCE OF THE DUI INFORMATION-EXCHANGE IMPROVEMENT ADVISORY COMMITTEE FOR ONE YEAR, TO REVISE THE MEMBERSHIP THEREOF, AND TO REQUIRE AN ADDITIONAL ANNUAL REPORT FROM THE COMMITTEE; TO AMEND SECTION 2, CHAPTER 457, LAWS OF 2016, TO EXTEND THE DUE DATE OF THE REPORT TO BE MADE BY THE MANDATORY STATEWIDE OFFENSE-REPORTING SYSTEM TASK FORCE AND TO MAKE CERTAIN TECHNICAL CORRECTIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 63-11-30, Mississippi Code of 1972, is amended as follows:
63-11-30. (1) It is unlawful for a person to drive or otherwise operate a vehicle within this state if the person:
(a) Is under the influence of intoxicating liquor;
(b) Is under the influence of any other substance that has impaired the person's ability to operate a motor vehicle;
(c) Is under the influence of any drug or controlled substance, the possession of which is unlawful under the Mississippi Controlled Substances Law; or
(d) Has an alcohol concentration in the person's blood, based upon grams of alcohol per one hundred (100) milliliters of blood, or grams of alcohol per two hundred ten (210) liters of breath, as shown by a chemical analysis of the person's breath, blood or urine administered as authorized by this chapter, of:
(i) Eight one-hundredths percent (.08%) or more for a person who is above the legal age to purchase alcoholic beverages under state law;
(ii) Two one-hundredths percent (.02%) or more for a person who is below the legal age to purchase alcoholic beverages under state law; or
(iii) Four one-hundredths percent (.04%) or more for a person operating a commercial motor vehicle.
(2) Except as otherwise provided in subsection (3) of this section (Zero Tolerance for Minors):
(a) First offense DUI. (i) Upon conviction of any person for the first offense of violating subsection (1) of this section where chemical tests under Section 63-11-5 were given, or where chemical test results are not available, the person shall be fined not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00), or imprisoned for not more than forty-eight (48) hours in jail, or both; the court shall order the person to attend and complete an alcohol safety education program as provided in Section 63-11-32 within six (6) months of sentencing. The court may substitute attendance at a victim impact panel instead of forty-eight (48) hours in jail.
(ii) Suspension of commercial driving privileges is governed by Section 63-1-216.
(iii) A qualifying first offense may be nonadjudicated by the court under subsection (14) of this section. The holder of a commercial driver's license or a commercial learning permit at the time of the offense is ineligible for nonadjudication.
(iv) Eligibility for an interlock-restricted license is governed by Section 63-11-31 and suspension of regular driving privileges is governed by Section 63-11-23.
(b) Second offense DUI. (i) Upon any second conviction of any person violating subsection (1) of this section, the offenses being committed within a period of five (5) years, the person shall be guilty of a misdemeanor, fined not less than Six Hundred Dollars ($600.00) nor more than One Thousand Five Hundred Dollars ($1,500.00), shall be imprisoned not less than five (5) days nor more than six (6) months and sentenced to community service work for not less than ten (10) days nor more than six (6) months. The minimum penalties shall not be suspended or reduced by the court and no prosecutor shall offer any suspension or sentence reduction as part of a plea bargain.
(ii) Suspension of commercial driving privileges is governed by Section 63-1-216.
(iii) Eligibility for an interlock-restricted license is governed by Section 63-11-31 and suspension of regular driving privileges is governed by Section 63-11-23.
(c) Third offense DUI. (i) For a third conviction of a person for violating subsection (1) of this section, the offenses being committed within a period of five (5) years, the person shall be guilty of a felony and fined not less than Two Thousand Dollars ($2,000.00) nor more than Five Thousand Dollars ($5,000.00), and shall serve not less than one (1) year nor more than five (5) years in the custody of the Department of Corrections. For any offense that does not result in serious injury or death to any person, the sentence of incarceration may be served in the county jail rather than in the State Penitentiary at the discretion of the circuit court judge. The minimum penalties shall not be suspended or reduced by the court and no prosecutor shall offer any suspension or sentence reduction as part of a plea bargain.
(ii) The suspension of commercial driving privileges is governed by Section 63-1-216.
(iii) The suspension of regular driving privileges is governed by Section 63-11-23.
(d) Fourth and subsequent offense DUI. (i) For any fourth or subsequent conviction of a violation of subsection (1) of this section, without regard to the time period within which the violations occurred, the person shall be guilty of a felony and fined not less than Three Thousand Dollars ($3,000.00) nor more than Ten Thousand Dollars ($10,000.00), and shall serve not less than two (2) years nor more than ten (10) years in the custody of the Department of Corrections.
(ii) The suspension of commercial driving privileges is governed by Section 63-1-216.
(iii) A person convicted of a fourth or subsequent offense is ineligible to exercise the privilege to operate a motor vehicle that is not equipped with an ignition-interlock device for ten (10) years.
(e) Any person convicted of a second or subsequent violation of subsection (1) of this section shall receive an in-depth diagnostic assessment, and if as a result of the assessment is determined to be in need of treatment for alcohol or drug abuse, the person must successfully complete treatment at a program site certified by the Department of Mental Health. Each person who receives a diagnostic assessment shall pay a fee representing the cost of the assessment. Each person who participates in a treatment program shall pay a fee representing the cost of treatment.
(f) The use of ignition-interlock devices is governed by Section 63-11-31.
(3) Zero Tolerance for Minors. (a) This subsection shall be known and may be cited as Zero Tolerance for Minors. The provisions of this subsection shall apply only when a person under the age of twenty-one (21) years has a blood alcohol concentration of two one-hundredths percent (.02%) or more, but lower than eight one-hundredths percent (.08%). If the person's blood alcohol concentration is eight one-hundredths percent (.08%) or more, the provisions of subsection (2) shall apply.
(b) (i) A person under the age of twenty-one (21) is eligible for nonadjudication of a qualifying first offense by the court pursuant to subsection (14) of this section.
(ii) Upon conviction of any person under the age of twenty-one (21) years for the first offense of violating subsection (1) of this section where chemical tests provided for under Section 63-11-5 were given, or where chemical test results are not available, the person shall be fined Two Hundred Fifty Dollars ($250.00); the court shall order the person to attend and complete an alcohol safety education program as provided in Section 63-11-32 within six (6) months. The court may also require attendance at a victim impact panel.
(c) A person under the age of twenty-one (21) years who is convicted of a second violation of subsection (1) of this section, the offenses being committed within a period of five (5) years, shall be fined not more than Five Hundred Dollars ($500.00).
(d) A person under the age of twenty-one (21) years who is convicted of a third or subsequent violation of subsection (1) of this section, the offenses being committed within a period of five (5) years, shall be fined not more than One Thousand Dollars ($1,000.00).
(e) License suspension is governed by Section 63-11-23 and ignition interlock is governed by Section 63-11-31.
(f) Any person under the age of twenty-one (21) years convicted of a third or subsequent violation of subsection (1) of this section must complete treatment of an alcohol or drug abuse program at a site certified by the Department of Mental Health.
(4) DUI test refusal. In addition to the other penalties provided in this section, every person refusing a law enforcement officer's request to submit to a chemical test of the person's breath as provided in this chapter, or who was unconscious at the time of a chemical test and refused to consent to the introduction of the results of the test in any prosecution, shall suffer an additional administrative suspension of driving privileges as set forth in Section 63-11-23.
(5) Aggravated DUI. (a) Every person who operates any motor vehicle in violation of the provisions of subsection (1) of this section and who in a negligent manner causes the death of another or mutilates, disfigures, permanently disables or destroys the tongue, eye, lip, nose or any other limb, organ or member of another shall, upon conviction, be guilty of a separate felony for each victim who suffers death, mutilation, disfigurement or other injury and shall be committed to the custody of the State Department of Corrections for a period of time of not less than five (5) years and not to exceed twenty-five (25) years for each death, mutilation, disfigurement or other injury, and the imprisonment for the second or each subsequent conviction, in the discretion of the court, shall commence either at the termination of the imprisonment for the preceding conviction or run concurrently with the preceding conviction. Any person charged with causing the death of another as described in this subsection shall be required to post bail before being released after arrest.
(b) A holder of a commercial driver's license who is convicted of operating a commercial motor vehicle with an alcohol concentration of eight one-hundreths percent (.08%) or more shall be guilty of a felony and shall be committed to the custody of the Department of Corrections for not less than two (2) years and not more than ten (10) years.
(c) The court shall order an ignition-interlock restriction on the offender's privilege to drive as a condition of probation or post-release supervision not to exceed five (5) years unless a longer restriction is required under other law. The ignitions-interlock restriction shall not be applied to commercial license privileges until the driver serves the full disqualification period required by Section 63-1-216.
(6) DUI citations. (a) Upon conviction of a violation of subsection (1) of this section, the trial judge shall sign in the place provided on the traffic ticket, citation or affidavit stating that the person arrested either employed an attorney or waived his right to an attorney after having been properly advised. If the person arrested employed an attorney, the name, address and telephone number of the attorney shall be written on the ticket, citation or affidavit. The court clerk must immediately send a copy of the traffic ticket, citation or affidavit, and any other pertinent documents concerning the conviction or other order of the court, to the Department of Public Safety as provided in Section 63-11-37.
(b) A copy of the traffic ticket, citation or affidavit and any other pertinent documents, having been attested as true and correct by the Commissioner of Public Safety, or his designee, shall be sufficient proof of the conviction for purposes of determining the enhanced penalty for any subsequent convictions of violations of subsection (1) of this section. The Department of Public Safety shall maintain a central database for verification of prior offenses and convictions.
(7) Out-of-state prior convictions. Convictions in another state, territory or possession of the United States, or under the law of a federally recognized Native American tribe, of violations for driving or operating a vehicle while under the influence of an intoxicating liquor or while under the influence of any other substance that has impaired the person's ability to operate a motor vehicle occurring within five (5) years before an offense shall be counted for the purposes of determining if a violation of subsection (1) of this section is a second, third, fourth or subsequent offense and the penalty that shall be imposed upon conviction for a violation of subsection (1) of this section.
(8) Charging of subsequent offenses. (a) For the purposes of determining how to impose the sentence for a second, third, fourth or subsequent conviction under this section, the affidavit or indictment shall not be required to enumerate previous convictions. It shall only be necessary that the affidavit or indictment states the number of times that the defendant has been convicted and sentenced within the past five (5) years for a second or third offense, or without a time limitation for a fourth or subsequent offense, under this section to determine if an enhanced penalty shall be imposed. The amount of fine and imprisonment imposed in previous convictions shall not be considered in calculating offenses to determine a second, third, fourth or subsequent offense of this section.
(b) Before a defendant enters a plea of guilty to an offense under this section, law enforcement must submit certification to the prosecutor that the defendant's driving record, the confidential registry and National Crime Information Center record have been searched for all prior convictions, nonadjudications, pretrial diversions and arrests for driving or operating a vehicle while under the influence of an intoxicating liquor or while under the influence of any other substance that has impaired the person's ability to operate a motor vehicle. The results of the search must be included in the certification.
(9) License eligibility for underage offenders. A person who is under the legal age to obtain a license to operate a motor vehicle at the time of the offense and who is convicted under this section shall not be eligible to receive a driver's license until the person reaches the age of eighteen (18) years.
(10) License suspensions and restrictions to run consecutively. Suspension or restriction of driving privileges for any person convicted of or nonadjudicated for violations of subsection (1) of this section shall run consecutively to and not concurrently with any other administrative license suspension.
(11) Ignition interlock. If the court orders installation and use of an ignition-interlock device as provided in Section 63-11-31 for every vehicle operated by a person convicted or nonadjudicated under this section, each device shall be installed, maintained and removed as provided in Section 63-11-31.
(12) DUI child endangerment. A person over the age of twenty-one (21) who violates subsection (1) of this section while transporting in a motor vehicle a child under the age of sixteen (16) years is guilty of the separate offense of endangering a child by driving under the influence of alcohol or any other substance which has impaired the person's ability to operate a motor vehicle. The offense of endangering a child by driving under the influence of alcohol or any other substance which has impaired the person's ability to operate a motor vehicle shall not be merged with an offense of violating subsection (1) of this section for the purposes of prosecution and sentencing. An offender who is convicted of a violation of this subsection shall be punished as follows:
(a) A person who commits a violation of this subsection which does not result in the serious injury or death of a child and which is a first conviction shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than One Thousand Dollars ($1,000.00) or shall be imprisoned for not more than twelve (12) months, or both;
(b) A person who commits a violation of this subsection which does not result in the serious injury or death of a child and which is a second conviction shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00) or shall be imprisoned for one (1) year, or both;
(c) A person who commits a violation of this subsection which does not result in the serious injury or death of a child and which is a third or subsequent conviction shall be guilty of a felony and, upon conviction, shall be fined not less than Ten Thousand Dollars ($10,000.00) or shall be imprisoned for not less than one (1) year nor more than five (5) years, or both; and
(d) A person who commits a violation of this subsection which results in the serious injury or death of a child, without regard to whether the offense was a first, second, third or subsequent offense, shall be guilty of a felony and, upon conviction, shall be punished by a fine of not less than Ten Thousand Dollars ($10,000.00) and shall be imprisoned for not less than five (5) years nor more than twenty-five (25) years.
(13) Expunction. (a) Any person convicted under subsection (2) or (3) of this section of a first offense of driving under the influence and who was not the holder of a commercial driver's license or a commercial learning permit at the time of the offense may petition the circuit court of the county in which the conviction was had for an order to expunge the record of the conviction at least five (5) years after successful completion of all terms and conditions of the sentence imposed for the conviction. Expunction under this subsection will only be available to a person:
(i) Who has successfully completed all terms and conditions of the sentence imposed for the conviction;
(ii) Who did not refuse to submit to a test of his blood or breath;
(iii) Whose blood alcohol concentration tested below sixteen one-hundredths percent (.16%) if test results are available;
(iv) Who has not been convicted of and does not have pending any other offense of driving under the influence;
(v) Who has provided the court with justification as to why the conviction should be expunged; and
(vi) Who has not previously had a nonadjudication or expunction of a violation of this section.
(b) A person is eligible for only one (1) expunction under this subsection, and the Department of Public Safety shall maintain a permanent confidential registry of all cases of expunction under this subsection for the sole purpose of determining a person's eligibility for expunction, for nonadjudication, or as a first offender under this section.
(c) The court in its order of expunction shall state in writing the justification for which the expunction was granted and forward the order to the Department of Public Safety within five (5) days of the entry of the order.
(14) Nonadjudication. (a) For the purposes of this chapter, "nonadjudication" means that the court withholds adjudication of guilt and sentencing, either at the conclusion of a trial on the merits or upon the entry of a plea of guilt by a defendant, and places the defendant in a nonadjudication program conditioned upon the successful completion of the requirements imposed by the court under this subsection.
(b) A person is eligible for nonadjudication of an offense under this Section 63-11-30 only one (1) time under any provision of a law that authorizes nonadjudication and only for an offender:
(i) Who has successfully completed all terms and conditions imposed by the court after placement of the defendant in a nonadjudication program;
(ii) Who was not * * * the holder
of a commercial driver's license or a commercial learning permit at the
time of the offense;
(iii) Who has not previously been convicted of and does not have pending any former or subsequent charges under this section; and
(iv) Who has provided the court with justification as to why nonadjudication is appropriate.
(c) Nonadjudication may be initiated upon the filing of a petition for nonadjudication or at any stage of the proceedings in the discretion of the court; the court may withhold adjudication of guilt, defer sentencing, and upon the agreement of the offender to participate in a nonadjudication program, enter an order imposing requirements on the offender for a period of court supervision before the order of nonadjudication is entered. Failure to successfully complete a nonadjudication program subjects the person to adjudication of the charges against him and to imposition of all penalties previously withheld due to entrance into a nonadjudication program. The court shall immediately inform the commissioner of the conviction as required in Section 63-11-37.
(i) The court shall order the person to:
1. Pay the nonadjudication fee imposed under Section 63-11-31 if applicable;
2. Pay all fines, penalties and assessments that would have been imposed for conviction;
3. Attend and complete an alcohol safety education program as provided in Section 63-11-32 within six (6) months of the date of the order;
4. a. If the court determines that the person violated this section with respect to alcohol or intoxicating liquor, the person must install an ignition-interlock device on every motor vehicle operated by the person, obtain an interlock-restricted license, and maintain that license for one hundred twenty (120) days or suffer a one-hundred-twenty-day suspension of the person's regular driver's license, during which time the person must not operate any vehicle.
b. If the court determines that the person violated this section by operating a vehicle when under the influence of a substance other than alcohol that has impaired the person's ability to operate a motor vehicle, including any drug or controlled substance which is unlawful to possess under the Mississippi Controlled Substances Law, the person must submit to a one-hundred-twenty-day period of a nonadjudication program that includes court-ordered drug testing at the person's own expense not less often than every thirty (30) days, during which time the person may drive if compliant with the terms of the program, or suffer a one-hundred-twenty-day suspension of the person's regular driver's license, during which time the person will not operate any vehicle.
(ii) Other conditions that may be imposed by the court include, but are not limited to, alcohol or drug screening, or both, proof that the person has not committed any other traffic violations while under court supervision, proof of immobilization or impoundment of vehicles owned by the offender if required, and attendance at a victim-impact panel.
(d) The court may enter an order of nonadjudication only if the court finds, after a hearing or after ex parte examination of reliable documentation of compliance, that the offender has successfully completed all conditions imposed by law and previous orders of the court. The court shall retain jurisdiction over cases involving nonadjudication for a period of not more than two (2) years.
(e) (i) The clerk shall immediately forward a record of every person placed in a nonadjudication program and of every nonadjudication order to the Department of Public Safety for inclusion in the permanent confidential registry of all cases that are nonadjudicated under this subsection (14).
(ii) Judges, clerks and prosecutors involved in the trial of implied consent violations and law enforcement officers involved in the issuance of citations for implied consent violations shall have secure online access to the confidential registry for the purpose of determining whether a person has previously been the subject of a nonadjudicated case and 1. is therefore ineligible for another nonadjudication; 2. is ineligible as a first offender for a violation of this section; or 3. is ineligible for expunction of a conviction of a violation of this section.
(iii) The Driver Services Bureau of the department shall have access to the confidential registry for the purpose of determining whether a person is eligible for a form of license not restricted to operating a vehicle equipped with an ignition-interlock device.
(iv) The Mississippi Alcohol Safety Education Program shall have secure online access to the confidential registry for research purposes only.
SECTION 2. Section 63-11-37, Mississippi Code of 1972, is amended as follows:
63-11-37. (1) It shall be the duty of the trial judge, upon conviction of a person under Section 63-11-30, to mail or otherwise deliver in a method prescribed by the commissioner a true and correct copy of the traffic ticket, citation or affidavit evidencing the arrest that resulted in the conviction and a certified copy of the abstract of the court record within five (5) days to the Commissioner of Public Safety at Jackson, Mississippi. The trial judge in municipal and justice courts shall show on the docket and the trial judge in courts of record shall show on the minutes:
(a) Whether a chemical test was given and the results of the test, if any; and
(b) Whether conviction was based in whole or in part on the results of such a test.
(2) The abstract of the court record shall show the date of the conviction, the results of the test if there was one, and the penalty, so that a record of same may be made by the Department of Public Safety.
(3) For the purposes of Section 63-11-30, a bond forfeiture shall operate as and be considered as a conviction.
(4) A trial court clerk who fails to provide a true and correct copy of the traffic ticket, citation or affidavit evidencing the arrest that resulted in the conviction and a copy of the abstract of the court record within five (5) days of the availability of that information as required in subsection (1) of this section is guilty of a civil violation and shall be fined One Hundred Dollars ($100.00), for which civil fine the clerk bears sole and personal responsibility. Each instance of failure is a separate violation.
SECTION 3. Section 1, Chapter 457, Laws of 2016, is amended as follows:
Section
1. (1) The DUI Information-Exchange Improvement Advisory Committee is created
to address the problem of a lack of timely information regarding DUI arrests
and convictions being available to law enforcement, prosecutors and courts. The
Director of the Social Science Research Center at Mississippi State University
shall appoint the chair. The other members shall be the following * * * twenty-four (24) persons:
(a) The Director of Management Information Systems, Department of Public Safety;
(b) The Director of the Driver Services Division, Department of Public Safety;
(c) The Director of the Criminal Information Center, Department of Public Safety;
(d) The Deputy Director of the Mississippi Highway Patrol;
(e) The President of the Mississippi Municipal Court Clerk's Association, or a designee;
(f) The President of the Justice Court Clerk's Association of Mississippi, or a designee;
(g) A municipal court prosecutor appointed by the President of the Mississippi Prosecutors Association;
(h) A county prosecutor appointed by the Mississippi Prosecutors Association;
(i) The Traffic Safety Resource Prosecutor, Mississippi Attorney General's Office;
(j) A representative of the Electronic Citation program appointed by the Director of the Social Science Research Center at Mississippi State University;
(k) The President of the Mississippi Association of Chiefs of Police, or a designee;
(l) The President of the Mississippi Sheriffs' Association, or a designee;
(m) The President of the Mississippi Municipal Judges Association, or a designee;
(n) The President of the Justice Court Judges Association, or a designee;
(o) The Director of the Administrative Office of Courts, or a designee;
(p) A member appointed by the Commissioner of Public Safety from the State Traffic Records Coordinating Committee, Office of the Highway Safety Division of Public Safety Planning;
(q) The State Defender of the Mississippi Office of Public Defender, or a designee;
(r) The Director of the Office of the Highway Safety Division of Public Safety Planning, or a designee;
(s) The Executive
Director of the Mississippi Department of Transportation, or a designee; * * *
(t) A representative of the Coalition of Interlock Manufacturers;
(u) The Director of the Mississippi Department of Mental Health, or a designee;
(v) The President of the Conference of Circuit Judges, or a designee;
(w) The President of the Conference of County Court Judges, or a designee; and
(x) The Chief of the Implied Consent Section of the Mississippi Forensics Laboratory, or a designee.
(2) All appointed members
of the committee shall be so appointed within thirty (30) days of the * * * date of passage of this act.
The committee shall hold * * *its first a meeting within sixty (60) days of the * * * date of passage of this act * * * and continue with the vice chairman or select a * * *
new vice chairman from its membership and shall adopt rules for
transacting its business and keeping records. Members of the advisory
committee shall serve without compensation.
(3) The duties of the committee shall be to:
(a) (i) * * * Continue to
study * * * the flow of information between trial court
clerks and judges, DUI prosecutors, the Driver Services Division of the
Department of Public Safety, the Criminal Information Center of the Department
of Public Safety, the Mississippi Alcohol Safety Education Program, the
Mississippi Department of Mental Health, and all law enforcement agencies in
the state to improve the imposition of enhanced penalties for repeat DUI
offenders.
(ii) * * *
Continue
to review nonadjudication and sentencing records to determine whether
repeat DUI offenders are actually being prosecuted and sentenced as repeat
offenders.
* * *
(iii) Determine appropriate ways to ensure that individuals and agencies accurately and completely carry out their responsibilities in all DUI cases and, after receiving input and recommendations from all the involved professional associations and agencies, recommend legislation to hold accountable those who fail to carry out their responsibilities accurately and completely in all DUI cases.
(iv) Make recommendations to the Commissioner of Public Safety concerning revision of the Uniform Traffic Ticket under Section 63-9-21 to comply with Sections 99-3-43 and 63-11-30.
(b) Report its findings
and all recommendations to the Legislature by December 1, * * * 2017.
(4) The Social Science Research Center at Mississippi State University shall provide staff to assist the committee in carrying out its duties required by this section.
(5) This section shall
stand repealed on * * * December 31, 2018.
SECTION 4. Section 2, Chapter 457, Laws of 2016, is hereby amended as follows:
Section 2. (1)
There is hereby created the Mandatory Statewide Offense-Reporting System Task
Force to undertake a comprehensive review of all state and local law
enforcement agencies' use of offense reports. The task force shall be composed
of * * *
nine (9) members, as follows:
(a) The President of the Mississippi Association of Chiefs of Police, or a designee;
(b) The President of the Mississippi Sheriffs' Association, or a designee;
(c) The Director of the Mississippi Department of Public Safety's Criminal Information Center, or a designee;
(d) The Director of the Mississippi Department of Information Technology Services, or a designee;
(e) The Commissioner of Corrections, or a designee;
(f) The Director of the Administrative Office of Courts, or a designee;
(g) The President of the Mississippi Prosecutors Association, or a designee;
( * * *h) The Director of the Joint Committee
on Performance Evaluation and Expenditure Review, or a designee as a nonvoting
member; and
( * * *i) A member to be appointed by the
Governor to serve at the will and pleasure of the Governor as the chairperson
of the task force.
(2) * * * A
vacancy in the task force shall not affect its powers, but shall be filled as
prescribed in subsection (1). * * * A majority of the membership of the task
force shall constitute a quorum, and shall meet at the call of the chairperson,
or upon an affirmative vote of a majority of the task force. All members must
be notified in writing of all meetings at least five (5) days before the date
on which a meeting of the task force is scheduled.
(3) The purpose of the task force is to work toward producing uniform offense reports and to investigate whether it is possible to require a standardized offense reporting system to get a clearer picture of crime in Mississippi and allow for single-source reporting to the Department of Justice through uniform crime reporting. The task force shall investigate whether an increase in grant funding would result. A goal of the task force is to work to provide a true picture of crime in the state and movement of offenders which could help predict and prevent criminal activity. The task force shall coordinate its work with the arrest and dispositions reporting as a valuable tool for measuring the impact of programs that seek to reduce recidivism, incarceration, and provide more support services in communities. A major focus of the task force will be to recommend an automated reporting system as opposed to manual reports that are compiled every six (6) months.
(4) The Joint Committee on Performance Evaluation and Expenditure Review shall provide appropriate staff support to assist the task force in carrying out its duties. The Director of the Joint Committee on Performance Evaluation and Expenditure Review shall designate an appropriate employee to act as a point of contact for staff support to the task force. In addition, the task force may consult with employees of any state agency or department necessary to accomplish the task force's responsibilities under this section.
(5) The members of the task force shall serve without compensation.
(6) The task force shall
prepare and submit a final report that contains a detailed statement of
findings, conclusions and recommendations of the task force to the Legislature,
the Governor, and to local and tribal governments by October 13, 2017, and
the task force shall stand dissolved on December 31, * * * 2017. It is the intention of the
Legislature that, given the importance of the matters before the task force,
the task force should work toward unanimously supported findings and
recommendations. The report submitted under this subsection shall be made
available to the public.
SECTION 5. Sections 3 and 4 of this act shall take effect and be in force from and after its passage, and the remainder of this act shall take effect and be in force from and after October 1, 2017.
