Miss. Code § 45-1-6

Current through 4/30/2024
Section 45-1-6 - Special contract agents authorized; powers; qualifications; form of contract; agents not considered employees of Mississippi Bureau of Investigation; investigation of certain incidents of officer-involved shootings
(1) The Director of the Mississippi Bureau of Investigation is authorized to retain on a contractual basis such persons as he shall deem necessary to detect and apprehend violators of the criminal statutes of this state.
(2) Those persons contracting with the Director of the Mississippi Bureau of Investigation pursuant to subsection (1) shall be known and hereinafter referred to as "special contract agents."
(3) The investigative services provided for in this section shall be designed to support law enforcement efforts of state agencies and to support local law enforcement efforts.
(4) Special contract investigators shall have all powers necessary and incidental to the fulfillment of their contractual obligations, including the power of arrest when authorized by the Director of the Mississippi Bureau of Investigation.
(5) No person shall be a special contract investigator unless he is at least twenty-one (21) years of age.
(6) The Director of the Mississippi Bureau of Investigation shall conduct a background investigation of all potential special contract investigators. All contract agents must meet the minimum standard requirements established by the Board on Law Enforcement Officer Standards and Training.
(7) Any contract pursuant to subsection (1) shall be:
(a) Reduced to writing; and
(b) Terminable upon written notice by either party, and shall in any event terminate one (1) year from the date of signing; and
(c) Approved as to form by the Commissioner of Public Safety.

Such contracts shall not be public records and shall not be available for inspection under the provisions of a law providing for the inspection of public records as now or hereafter amended.

(8) Special contract investigators shall not be considered employees of the Mississippi Bureau of Investigation for any purpose.
(9) The Director of the Mississippi Bureau of Investigation shall have all powers necessary and incidental to the effective operation of this section.
(10) The Mississippi Bureau of Investigation shall have jurisdiction to investigate all incidents of officer-involved shootings, other than shootings involving one or more members of the Mississippi Bureau of Investigation, resulting in injury or death occurring in the state. However, the District Attorney in the jurisdiction where such incident occurred may designate another law enforcement agency to investigate the incident if the District Attorney determines that there is a conflict with the Mississippi Bureau of Investigation or that other extenuating circumstances exist. The Attorney General shall designate another law enforcement agency or task force to investigate any incident of a shooting involving one or more members of the Mississippi Bureau of Investigation resulting in injury or death occurring in the state. The Attorney General's Office shall be exclusively responsible for presenting all officer-involved shootings resulting in injury or death occurring in the state to the appropriate duly empaneled grand jury and, upon indictment by a grand jury, prosecuting such matters.
(11) Notwithstanding any other provisions contained in this section, all contracts authorized under this section and related matters shall be made available to the Legislative Budget Office and the Department of Finance and Administration.

Miss. Code § 45-1-6

Laws, 2006, ch. 469, § 2, eff. 7/1/2006.
Amended by Laws, 2022, ch. 479, SB 2543,§ 6, eff. 7/1/2022.
Amended by Laws, 2021, ch. 403, HB 974,§ 5, eff. 7/1/2021.