Bill Text: MS SC525 | 2024 | Regular Session | Introduced
Bill Title: Constitution; amend Section 26 to expand the jurisdiction of the state grand jury.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-03-05 - Died In Committee [SC525 Detail]
Download: Mississippi-2024-SC525-Introduced.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Constitution; Judiciary, Division A
By: Senator(s) Wiggins
Senate Concurrent Resolution 525
A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 26 OF THE MISSISSIPPI CONSTITUTION OF 1890, TO EXPAND THE SUBJECT MATTER JURISDICTION OF THE STATE GRAND JURY; TO REMOVE THE REQUIREMENT THAT THE CRIMES MUST OCCUR WITHIN MORE THAN 1 CIRCUIT COURT DISTRICT OR HAVE TRANSPIRED OR HAVE SIGNIFICANCE IN MORE THAN 1 CIRCUIT COURT DISTRICT OF THIS STATE.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, TWO-THIRDS OF THE SENATE AND HOUSE OF REPRESENTATIVES CONCURRING THEREIN, WHICH TWO-THIRDS CONSISTS OF NOT LESS THAN A MAJORITY OF THE MEMBERS ELECTED TO EACH HOUSE, That the following amendment to the Mississippi Constitution of 1890 is proposed to the qualified electors of the state:
Amend Section 26, Mississippi Constitution of 1890, to read as follows:
"Section 26. In all
criminal prosecutions the accused shall have a right to be heard by himself or
counsel, or both, to demand the nature and cause of the accusation, to be
confronted by the witnesses against him, to have compulsory process for
obtaining witnesses in his favor, and, in all prosecutions by indictment or
information, a speedy and public trial by an impartial jury of the county where
the offense was committed; and he shall not be compelled to give evidence
against himself; but in prosecutions for rape, adultery, fornication, sodomy or
crime against nature the court may, in its discretion, exclude from the
courtroom all persons except such as are necessary in the conduct of the
trial. Notwithstanding any other provisions of this Constitution, the Legislature
may enact laws establishing a state grand jury with the authority to return
indictments regardless of the county where the crime was committed. The
subject matter jurisdiction of a state grand jury is limited to criminal violations
of the Mississippi Uniform Controlled Substances Law or any other crime
involving narcotics, dangerous drugs or controlled substances, or any crime
arising out of or in connection with a violation of the Mississippi Uniform
Controlled Substances Law or a crime involving narcotics, dangerous drugs or controlled
substances * * * or any
crime arising out of or in connection with an officer-involved shooting or criminal
violations involving embezzlement and fraud or criminal violations involving public
corruption. The venue for the trial of indictments returned by a state
grand jury shall be as prescribed by general law."
BE IT FURTHER RESOLVED, That the amendment in this resolution shall be submitted by the Secretary of State to the qualified electors at an election to be held on the first Tuesday after the first Monday of November 2024, as provided by Section 273 of the Constitution and by general law.
BE IT FURTHER RESOLVED, That the explanation of the amendment for the ballot shall read as follows: "This proposed constitutional amendment expands the subject matter jurisdiction of the state grand jury to any crime arising out of or in connection with an officer-involved shooting or criminal violations involving embezzlement and fraud or criminal violations involving public corruption. It also removes the requirement that the crimes within the jurisdiction of the state grand jury must have occurred in more than one (1) circuit court district of the state or have transpired or had significance in more than one (1) circuit court district of the state."
