MS SB2156

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 crimes alleged to have occurred while performing official duties.

The accused has the right to appear at the hearing with legal counsel at their own expense, hear evidence against them, and present their own evidence or testimony.

Allows judges to issue arrest warrants without a hearing if evidence shows significant risk the accused will flee jurisdiction or poses a threat to public safety.

For persons not covered by the requirement (non-officials), judges may determine probable cause with or without a hearing at their discretion based on the affidavit.

Does not prohibit law enforcement officers from making arrests without a warrant in circumstances where a warrant would not normally be required.

Effective July 1, 2013.