Bill Text: MS HB771 | 2017 | Regular Session | Introduced
Bill Title: Counties and municipal officers; provide procedure for removal if indicted for certain crimes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2017-01-31 - Died In Committee [HB771 Detail]
Download: Mississippi-2017-HB771-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Judiciary A
By: Representative Bain
House Bill 771
AN ACT TO AMEND SECTION 25-5-1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT PUBLIC OFFICERS OF A COUNTY OR MUNICIPALITY MAY BE REMOVED FROM THEIR POSITION IF THEY ARE INDICTED OF A CRIME RELATED TO THEIR POSITION OF TRUST; TO PROVIDE THAT A GOVERNING BODY AFFORD THE PUBLIC OFFICIAL A HEARING TO DETERMINE WHETHER REMOVAL IS WARRANTED; TO PROVIDE THAT IF THE PUBLIC OFFICIAL IS NOT CONVICTED THEY SHALL BE DUE ANY COMPENSATION THAT WOULD HAVE OTHERWISE BEEN DUE TO THEM HAD THEY NOT BEEN REMOVED; 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. (1) (a) 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.
(b) 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.
(2) (a) If any public officer of a county or municipality is indicted for a crime related to the public officer's position of trust, such public officer shall be afforded a public hearing before the governing body of the county or municipality to determine whether the public officer should be removed from office. The governing body of the county or municipality shall hear evidence regarding whether such public officer should be removed and, if the body finds that the public officer, by a preponderance of the evidence, is likely to be convicted of the crime, the officer shall be removed from office and the vacancy shall be filled as provided by law.
(b) If the public officer is removed from office under subsection (2)(a) and subsequently has the charges dropped, is acquitted or is otherwise not convicted of the crime, the public officer shall be entitled to all compensation, including money and other benefits, that would have been due to them had the public officer been able to carry out their full term.
(c) The fact that a public officer has a hearing regarding their possible removal, or is actually removed, shall not create a presumption of guilt as to the underlying crime.
SECTION 2. This act shall take effect and be in force from and after July 1, 2017.
