MS SB2740

Creates new misdemeanor offense under Section 97-9-81 for law enforcement officers who arrest or cite a person for a non-existent local ordinance or statute, or make false statements about state law to mislead victims.

Applies to all full-time and part-time law enforcement officers as defined in Section 45-6-3 and Section 97-37-7(2).

Penalty upon conviction is a fine not exceeding $5,000, imprisonment not exceeding one year, or both.

Court may consider factors during sentencing including whether defendant initiated or continued prosecution, had reasonable grounds for allegations, lacked probable cause, acted with malice, and whether victim was acquitted or found not guilty.

Effective July 1, 2020.