MS SB2571

Requires a probable cause hearing before a circuit court judge before issuing an arrest warrant against teachers, jail officers, counselors at adolescent offender programs, or sworn law enforcement officers for criminal acts committed while performing official duties.

The accused has the right to appear with legal counsel at their own expense, hear accusations and evidence against them, and present evidence or testify in their own defense, with all testimony given under oath.

Charges or complaints against covered officers must be immediately presented by the receiving authority to the county prosecuting attorney, who must immediately present them to a circuit judge for disposition.

Allows judges to issue arrest warrants without a hearing if probable cause is evident in the affidavit when the complaint comes from someone who is not a law enforcement officer acting in official capacity, or if there is significant risk the accused will flee or poses a threat to public safety.

Does not prohibit law enforcement officers from making arrests under circumstances that do not require a warrant, effective July 1, 2011.