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MS HB1058

Bill

Status

Failed

2/2/2021

Primary Sponsor

Kabir Karriem

Click for details

Origin

House of Representatives

2021 Regular Session

AI Summary

  • Establishes procedures for courts to appoint a special prosecutor when a district attorney is sick, absent, unable to fulfill duties, or has an actual conflict of interest in a case

  • Creates a presumed conflict of interest requiring potential appointment of a special prosecutor in cases involving the death of a person caused by a law enforcement officer while performing official duties

  • Requires courts to first contact the Attorney General's Office, Administrative Office of the Courts, or a local district attorney before appointing a private attorney as special prosecutor

  • Mandates that when a law enforcement officer is accused of causing a death while on duty, a court-appointed special prosecutor (rather than the county prosecuting attorney) handles the disposition

  • Allows district attorneys to voluntarily recuse themselves from cases for any reason they deem appropriate, with the court then appointing a special prosecutor

Legislative Description

Special Prosecutor; create procedure when DA is absent or unable to perform his or her duties.

Last Action

Died In Committee

2/2/2021

Committee Referrals

Judiciary B1/18/2021

Full Bill Text

No bill text available