MS HB1317

Requires a probable cause hearing before a circuit court judge before issuing an arrest warrant against district attorneys, legal assistants for district attorneys, county prosecutors, municipal prosecutors, public defenders, or attorneys representing municipal or county boards for criminal acts committed in performance of official duties.

The probable cause hearing determines whether adequate probable cause exists for warrant issuance, with all testimony given under oath and the accused having the right to appear with legal counsel, hear accusations and evidence, and present their own evidence or testimony.

Requires the authority receiving charges or complaints to immediately present them to the county prosecuting attorney, who shall immediately present them to a circuit judge in the appropriate judicial district.

Permits a circuit court judge to issue an arrest warrant without holding a probable cause hearing if adequate evidence shows significant risk the accused will flee jurisdiction or poses a threat to public safety or wellbeing.

Takes effect July 1, 2012.