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MS SB2061
Bill
AI Summary
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Requires a probable cause hearing before a circuit court judge before issuing an arrest warrant against teachers, jail officers, counselors at adolescent opportunity programs, or sworn law enforcement officers for alleged criminal acts committed during official duties.
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For all other persons, allows a judge to determine whether an affidavit establishes probable cause either with or without a hearing, at the judge's discretion.
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In cases where hearings are held, all testimony must be under oath and the accused has the right to be represented by counsel, hear evidence against them, and present their own evidence or testimony.
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Exempts warrant issuance from hearing requirements if the judge determines there is significant risk the accused will flee jurisdiction or poses a threat to public safety.
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Preserves law enforcement officers' authority to arrest persons without warrants when legally permitted to do so.
Legislative Description
Arrest warrant; opportunity for probable cause hearing before issuance.
Last Action
Approved by Governor
6/23/2020