summary
Introduced
01/13/2017
01/13/2017
In Committee
01/13/2017
01/13/2017
Crossed Over
Passed
Dead
01/31/2017
01/31/2017
Introduced Session
2017 Regular Session
Bill Summary
An Act To Create The "mississippi Confidential Informant Act"; To Provide Definitions For This Act; To Require Various Factors To Be Considered When An Informant Or Information Provided By An Informant Will Be Used For Any Purpose By A Law Enforcement Agency, District Attorney Or During Any Court Proceeding; To Create The List Of Required Reliability Factors To Be Considered When Using An Informant Or Information Provided By An Informant; To Require Certain Information To Be Provided In Written Form, With A Signature Line To Each Informant; To Require Any District Attorney Who Intends To Use An Informant Or Information Provided By An Informant To Disclose Such Intent To The Court; To Require The District Attorney To Provide The List Of Factors Used To Determine The Informant's Reliability To The Court; To Prohibit Use Of A Person Who Is 15 Years Of Age Or Younger As An Informant In Any Manner; To Provide That Any Person Over The Age Of 15 And Under The Age Of 18 Shall Not Be An Informant Unless A Court Order Authorizes The Minor's Cooperation; To Require Each Law Enforcement Agency Or State Agency With A Law Enforcement Department To Report To The Joint Committee On Performance Evaluation And Expenditure Review, Not Later Than March 1 Of Each Year, All Serious Crimes, Authorized And Unauthorized, Committed By Informants Used By The Law Enforcement Agency; To Require A Hearing Before Any Court Proceeding In Which An Informant Will Be Used; To Require A Hearing To Determine The Reliability Of The Informant Before The Court Proceeding In Which The Informant Or The Information Provided By The Informant Will Be Used; To Prohibit Use Of Any Person Who Is Receiving In-patient Or Out-patient Treatment For Substance Abuse To Be Used As An Informant To Buy Or Sale Controlled Substances Or Contraband Of Controlled Substances; To Require Statements Of Informants To Be Recorded Electronically; To Require The Attorney General To Collect And Publicly Disseminate The Following Annual Aggregate Data From All State Law Enforcement Agencies; The Attorney General Shall Collect And Post On Its Website, Certain Information Regarding Use Of Informants; To Provide The List Of The Required Information; To Require Law Enforcement Officials, Including District Attorneys, To Have An Affirmative Duty To Report When There Is Reason To Believe That An Innocent Person Has Been Convicted Of A Crime; To Amend Section 99-39-5, Mississippi Code Of 1972, To Conform To The Preceding Sections; And For Related Purposes.
AI Summary
This bill, the "Mississippi Confidential Informant Act", sets out a comprehensive framework for the use of informants by law enforcement agencies and prosecutors in Mississippi. Key provisions include:
- Defining important terms like "informant", "criminal suspect", and "serious crime".
- Requiring law enforcement to consider various factors when using an informant or information provided by an informant, such as the informant's criminal history, any benefits received, and the risk of harm to the informant.
- Prohibiting the use of certain individuals as informants, including minors under 18 without a court order, and those receiving substance abuse treatment.
- Mandating the electronic recording of informant statements and the reporting of serious crimes committed by informants.
- Establishing an Informant Supervisory Committee to oversee the use of certain high-risk informants as witnesses.
- Allowing defendants to call expert witnesses on informant reliability and providing a process for challenging convictions based on false informant testimony.
- Amending the post-conviction relief statute to include claims related to the unreliability of informants used in the case.
The overall goal of the bill is to increase transparency and accountability in the use of informants by law enforcement, and to protect against wrongful convictions resulting from unreliable informant testimony.
Committee Categories
Justice
Sponsors (1)
Last Action
Died In Committee (on 01/31/2017)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | http://billstatus.ls.state.ms.us/2017/pdf/history/HB/HB0750.xml |
| BillText | http://billstatus.ls.state.ms.us/documents/2017/html/HB/0700-0799/HB0750IN.htm |
| Bill | http://billstatus.ls.state.ms.us/documents/2017/pdf/HB/0700-0799/HB0750IN.pdf |
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