Bill Text: MS SB3050 | 2010 | Regular Session | Introduced

Mississippi Senate Bill 3050 (Prior Session Legislation)

Introduced

Bill Title: Malicious prosecution; define as an intentional common law tort.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-02-02 - Died In Committee [SB3050 Detail]

Download: Mississippi-2010-SB3050-Introduced.html

MISSISSIPPI LEGISLATURE

2010 Regular Session

To: Judiciary, Division A

By: Senator(s) Butler

Senate Bill 3050

AN ACT TO CREATE NEW SECTION 95-1-7, MISSISSIPPI CODE OF 1972, TO CLARIFY THE COMMON LAW INTENTIONAL TORT OF MALICIOUS PROSECUTION; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 95-1-7, Mississippi Code of 1972:

95-1-7. Every person who shall willfully and corruptly swear, testify or affirm falsely to any material matter under any oath, affirmation or declaration legally administered in any criminal matter, cause or proceeding pending in any court of law, or before any officer thereof, or in any case where an oath or affirmation is required by law or is necessary for the prosecution or defense for the ends of public justice, or in any criminal matter or proceeding before any tribunal or officer created by the Constitution or by law, or where any oath may be lawfully required in any criminal matter by any judicial, executive or administrative officer, shall be subject to an action for damages brought by the person against whom the criminal prosecution has been instituted maliciously and without probable cause, for the common law intentional tort of malicious prosecution.

SECTION 2. This act shall take effect and be in force from and after July 1, 2010.