Bill Text: MS HB334 | 2010 | Regular Session | Introduced
Bill Title: Public officials; require reimbursement of remuneration upon removal.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2010-02-02 - Died In Committee [HB334 Detail]
Download: Mississippi-2010-HB334-Introduced.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Judiciary A
By: Representatives Baker (74th), Upshaw
House Bill 334
AN ACT TO AMEND SECTION 25-5-1, MISSISSIPPI CODE OF 1972, TO REQUIRE PUBLIC OFFICERS REMOVED FROM OFFICE TO REIMBURSE THE GOVERNING AUTHORITY ALL REMUNERATION RECEIVED AS A PUBLIC OFFICER; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 25-5-1, Mississippi Code of 1972, is amended as follows:
25-5-1. If any public officer, state, district, county or municipal, shall be convicted or enter a plea of guilty or nolo contendere in any court of this state or any other state or in any federal court of any felony other than manslaughter or any violation of the United States Internal Revenue Code, of corruption in office or peculation therein, or of gambling or dealing in futures with money coming to his hands by virtue of his office, any court of this state, in addition to such other punishment as may be prescribed, shall adjudge the defendant removed from office; and the office of the defendant shall thereby become vacant. If any such officer be found by inquest to be of unsound mind during the term for which he was elected or appointed, or shall be removed from office by the judgment of a court of competent jurisdiction or otherwise lawfully, his office shall thereby be vacated; and in any such case the vacancy shall be filled as provided by law.
When any such officer is found guilty of a crime which is a felony under the laws of this state or which is punishable by imprisonment for one (1) year or more, other than manslaughter or any violation of the United States Internal Revenue Code, in a federal court or a court of competent jurisdiction of any other state, the Attorney General of the State of Mississippi shall promptly enter a motion for removal from office in the circuit court of Hinds County in the case of a state officer, and in the circuit court of the county of residence in the case of a district, county or municipal officer. The court, or the judge in vacation, shall, upon notice and a proper hearing, issue an order removing such person from office and the vacancy shall be filled as provided by law.
In addition to the removal provided by this section and any other penalties prescribed by law, a public officer removed from office shall be liable for and shall reimburse the governing authority all remuneration received while such public officer was serving as a public officer from the date of the crime for which the public officer was removed from office and such remuneration shall include salary and all benefits provided to the public officer from the date of the crime for which the public officer was removed from office. Each judgment of conviction whether by verdict or plea shall include the total remuneration, with interest, as an assessment to the defendant with all costs, fines, penalties and other assessments and such judgment shall include provisions for the timely repayment thereof in the same manner as the payment of any such costs, fines, penalties and assessments, and shall include all penalties including incarceration for failure to pay such remuneration when due. Any public officer removed under the provisions of this section shall be barred from any employment with the state or any political subdivision thereof until all remuneration plus interest is paid in full.
SECTION 2. This act shall take effect and be in force from and after July 1, 2010.
