| 1 | 1 | | MISSISSIPPI LEGISLATURE 2025 Regular Session To: Judiciary, Division A By: Senator(s) Wiggins Senate Bill 2791 AN ACT TO REQUIRE THAT BEFORE A BILL OF INDICTMENT AGAINST A PRESENT OR FORMER LAW ENFORCEMENT OFFICER CHARGING THE OFFICER WITH A CRIME WHICH CONCERNS THE OFFICER'S USE OF LETHAL FORCE AND IS ALLEGED TO HAVE OCCURRED WHILE HE OR SHE WAS IN THE PERFORMANCE OF HIS OR HER DUTIES IS PRESENTED TO A GRAND JURY THAT THE OFFICER SHALL BE NOTIFIED IN WRITING OF THE CONTEMPLATED ACTION BY THE PROSECUTING ATTORNEY; TO REQUIRE THAT THE NOTICE TO THE OFFICER INFORM THE OFFICER OF THE GRAND JURY INVESTIGATION AND OFFER THE OFFICER THE OPPORTUNITY TO TESTIFY BEFORE THE GRAND JURY AT THE CONCLUSION OF THE STATE'S CASE-IN-CHIEF; TO PROVIDE THAT THE OFFICER MAY BE QUESTIONED BY THE PROSECUTING ATTORNEY OR MEMBERS OF THE GRAND JURY; TO PROVIDE A PROCEDURE FOR THE OFFICER TO TESTIFY; TO PROVIDE THAT THE OFFICER'S ATTORNEY SHALL NOT ASK THE OFFICER QUESTIONS OR OBJECT BASED ON EVIDENTIARY GROUNDS; TO AUTHORIZE THE PROSECUTING ATTORNEY TO PRESENT REBUTTAL EVIDENCE; TO PROHIBIT PROSECUTIONS FROM PROCEEDING WITHOUT A GRAND JURY INDICTMENT FOR SUCH CRIMES; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. (1) Before a bill of indictment against a present or former law enforcement officer charging the officer with a crime which concerns the officer's use of lethal force and is alleged to have occurred while the officer was in the performance of his or her duties is presented to a grand jury, the officer shall be notified in writing of the contemplated action by the prosecuting attorney. Such notice shall be provided to such officer not less than twenty (20) days prior to the date upon which a grand jury will begin hearing evidence, and such notice shall inform such officer: (a) That the grand jury is investigating such officer's conduct to determine if there is probable cause to conclude that he or she has violated one or more laws of this state; (b) That he or she may request, but cannot be compelled, to testify as a witness before the grand jury regarding his or her conduct; and (c) That, if such officer requests to testify before the grand jury, he or she will be permitted to do so at the conclusion of the presentation of the state's case-in-chief and that he or she may be questioned by the prosecuting attorney or members of the grand jury as are any other witnesses. (2) If the officer requests to appear as a witness, he or she shall notify the prosecuting attorney any time prior to the date the grand jury will begin hearing testimony in such investigation. The prosecuting attorney shall inform the officer in writing of the date and time when he or she shall be present in order to testify and of the procedure that the grand jury will follow pursuant to subsection (3) of this section. The prosecuting attorney shall further advise the grand jury that an officer has the right to appear and testify or not to appear and testify and that, if the officer chooses not to testify, the grand jury shall not consider that choice in any way in making its decision. (3) If the officer requests to testify before the grand jury and appears at the date and time specified, the case shall proceed as in any other criminal case heard by a grand jury, except that the officer shall be permitted to testify at the conclusion of the presentation of the state's case-in-chief and that he or she shall only be present in the grand jury room while he or she is testifying. Such officer may be questioned by the prosecuting attorney or members of the grand jury as are any other witnesses. After the officer has been sworn as a witness and prior to any testimony by the officer, the prosecuting attorney shall advise the officer substantially of the following: (a) The officer's appearance before the grand jury is voluntary, and he or she cannot be compelled to appear as a witness; (b) By agreeing to be sworn as a witness, he or she will be asked to testify and answer questions and may be asked to produce records, documents and other physical evidence; (c) The officer may refuse to answer any question or to produce records, documents and other physical evidence if a truthful answer to the question or producing such records, documents and other physical evidence would tend to incriminate the officer or would tend to bring infamy, disgrace or public contempt upon the officer; (d) Any testimony given by the officer may be used against him or her by the grand jury or in a subsequent legal proceeding; and (e) If the officer is represented by an attorney, the attorney shall have the right to be present in the grand jury room while the officer is testifying, and the officer will be permitted reasonable opportunity to consult with his or her attorney outside the grand jury room. (4) After being sworn as a witness but prior to being asked any questions by the prosecuting attorney or the grand jurors, the officer may make such sworn statement as he or she shall desire. The officer's attorney shall not propound questions to the officer nor object to questions propounded to the officer on evidentiary grounds. (5) At the conclusion of the officer's testimony, if any, the prosecuting attorney may present rebuttal evidence and advise the grand jury on matters of law. (6) The requirements of this section shall apply to all prosecutions, whether for felonies or misdemeanors, and no such prosecution shall proceed either in court without a grand jury indictment. SECTION 2. This act shall take effect and be in force from and after July 1, 2025. |
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| 2 | 2 | | |
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| 3 | 3 | | MISSISSIPPI LEGISLATURE |
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| 4 | 4 | | |
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| 5 | 5 | | 2025 Regular Session |
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| 6 | 6 | | |
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| 7 | 7 | | To: Judiciary, Division A |
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| 8 | 8 | | |
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| 9 | 9 | | By: Senator(s) Wiggins |
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| 10 | 10 | | |
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| 11 | 11 | | # Senate Bill 2791 |
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| 12 | 12 | | |
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| 13 | 13 | | AN ACT TO REQUIRE THAT BEFORE A BILL OF INDICTMENT AGAINST A PRESENT OR FORMER LAW ENFORCEMENT OFFICER CHARGING THE OFFICER WITH A CRIME WHICH CONCERNS THE OFFICER'S USE OF LETHAL FORCE AND IS ALLEGED TO HAVE OCCURRED WHILE HE OR SHE WAS IN THE PERFORMANCE OF HIS OR HER DUTIES IS PRESENTED TO A GRAND JURY THAT THE OFFICER SHALL BE NOTIFIED IN WRITING OF THE CONTEMPLATED ACTION BY THE PROSECUTING ATTORNEY; TO REQUIRE THAT THE NOTICE TO THE OFFICER INFORM THE OFFICER OF THE GRAND JURY INVESTIGATION AND OFFER THE OFFICER THE OPPORTUNITY TO TESTIFY BEFORE THE GRAND JURY AT THE CONCLUSION OF THE STATE'S CASE-IN-CHIEF; TO PROVIDE THAT THE OFFICER MAY BE QUESTIONED BY THE PROSECUTING ATTORNEY OR MEMBERS OF THE GRAND JURY; TO PROVIDE A PROCEDURE FOR THE OFFICER TO TESTIFY; TO PROVIDE THAT THE OFFICER'S ATTORNEY SHALL NOT ASK THE OFFICER QUESTIONS OR OBJECT BASED ON EVIDENTIARY GROUNDS; TO AUTHORIZE THE PROSECUTING ATTORNEY TO PRESENT REBUTTAL EVIDENCE; TO PROHIBIT PROSECUTIONS FROM PROCEEDING WITHOUT A GRAND JURY INDICTMENT FOR SUCH CRIMES; AND FOR RELATED PURPOSES. |
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| 14 | 14 | | |
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| 15 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: |
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| 16 | 16 | | |
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| 17 | 17 | | SECTION 1. (1) Before a bill of indictment against a present or former law enforcement officer charging the officer with a crime which concerns the officer's use of lethal force and is alleged to have occurred while the officer was in the performance of his or her duties is presented to a grand jury, the officer shall be notified in writing of the contemplated action by the prosecuting attorney. Such notice shall be provided to such officer not less than twenty (20) days prior to the date upon which a grand jury will begin hearing evidence, and such notice shall inform such officer: |
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| 18 | 18 | | |
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| 19 | 19 | | (a) That the grand jury is investigating such officer's conduct to determine if there is probable cause to conclude that he or she has violated one or more laws of this state; |
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| 20 | 20 | | |
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| 21 | 21 | | (b) That he or she may request, but cannot be compelled, to testify as a witness before the grand jury regarding his or her conduct; and |
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| 22 | 22 | | |
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| 23 | 23 | | (c) That, if such officer requests to testify before the grand jury, he or she will be permitted to do so at the conclusion of the presentation of the state's case-in-chief and that he or she may be questioned by the prosecuting attorney or members of the grand jury as are any other witnesses. |
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| 24 | 24 | | |
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| 25 | 25 | | (2) If the officer requests to appear as a witness, he or she shall notify the prosecuting attorney any time prior to the date the grand jury will begin hearing testimony in such investigation. The prosecuting attorney shall inform the officer in writing of the date and time when he or she shall be present in order to testify and of the procedure that the grand jury will follow pursuant to subsection (3) of this section. The prosecuting attorney shall further advise the grand jury that an officer has the right to appear and testify or not to appear and testify and that, if the officer chooses not to testify, the grand jury shall not consider that choice in any way in making its decision. |
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| 26 | 26 | | |
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| 27 | 27 | | (3) If the officer requests to testify before the grand jury and appears at the date and time specified, the case shall proceed as in any other criminal case heard by a grand jury, except that the officer shall be permitted to testify at the conclusion of the presentation of the state's case-in-chief and that he or she shall only be present in the grand jury room while he or she is testifying. Such officer may be questioned by the prosecuting attorney or members of the grand jury as are any other witnesses. After the officer has been sworn as a witness and prior to any testimony by the officer, the prosecuting attorney shall advise the officer substantially of the following: |
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| 28 | 28 | | |
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| 29 | 29 | | (a) The officer's appearance before the grand jury is voluntary, and he or she cannot be compelled to appear as a witness; |
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| 30 | 30 | | |
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| 31 | 31 | | (b) By agreeing to be sworn as a witness, he or she will be asked to testify and answer questions and may be asked to produce records, documents and other physical evidence; |
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| 32 | 32 | | |
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| 33 | 33 | | (c) The officer may refuse to answer any question or to produce records, documents and other physical evidence if a truthful answer to the question or producing such records, documents and other physical evidence would tend to incriminate the officer or would tend to bring infamy, disgrace or public contempt upon the officer; |
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| 34 | 34 | | |
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| 35 | 35 | | (d) Any testimony given by the officer may be used against him or her by the grand jury or in a subsequent legal proceeding; and |
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| 36 | 36 | | |
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| 37 | 37 | | (e) If the officer is represented by an attorney, the attorney shall have the right to be present in the grand jury room while the officer is testifying, and the officer will be permitted reasonable opportunity to consult with his or her attorney outside the grand jury room. |
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| 38 | 38 | | |
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| 39 | 39 | | (4) After being sworn as a witness but prior to being asked any questions by the prosecuting attorney or the grand jurors, the officer may make such sworn statement as he or she shall desire. The officer's attorney shall not propound questions to the officer nor object to questions propounded to the officer on evidentiary grounds. |
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| 40 | 40 | | |
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| 41 | 41 | | (5) At the conclusion of the officer's testimony, if any, the prosecuting attorney may present rebuttal evidence and advise the grand jury on matters of law. |
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| 42 | 42 | | |
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| 43 | 43 | | (6) The requirements of this section shall apply to all prosecutions, whether for felonies or misdemeanors, and no such prosecution shall proceed either in court without a grand jury indictment. |
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| 44 | 44 | | |
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| 45 | 45 | | SECTION 2. This act shall take effect and be in force from and after July 1, 2025. |
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