MS SB2092

Amends Mississippi Code Section 99-3-28 to require a probable cause hearing in circuit court before an arrest warrant can be issued against a member of the Mississippi Legislature for criminal acts occurring while performing official duties.

Adds legislators to the list of protected persons who are entitled to probable cause hearings, joining teachers, jail officers, counselors at adolescent opportunity programs, and sworn law enforcement officers.

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

Permits arrest warrants to be issued without a hearing if a circuit court judge determines adequate evidence shows significant risk the accused will flee jurisdiction or poses a threat to public safety.

Takes effect July 1, 2016.