MS HB1406

Amends Mississippi Code Section 99-3-28 to require a probable cause hearing before a circuit court judge before issuing an arrest warrant against prosecutors, public defenders, and certain municipal and county attorneys for crimes allegedly committed while performing official duties.

Extends existing probable cause hearing requirements (previously applicable to teachers, jail officers, counselors, and law enforcement officers) to district attorneys, legal assistants for district attorneys, county prosecutors, municipal prosecutors, and public defenders.

Requires the accused to have the right to appear with legal counsel at their own expense, hear accusations and evidence, and present evidence or testify in their own behalf at the hearing.

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

Takes effect July 1, 2013.