75-76-147 - Proceedings or actions to enforce provisions of Gaming Control Act and Section 97-19-55 under certain circumstances; referral of matter to district attorney or Attorney General. - Mississippi Statutes

§ 75-76-147. Proceedings or actions to enforce provisions of Gaming Control Act and Section 97-19-55 under certain circumstances; referral of matter to district attorney or Attorney General.
 

(1)  The commission or the executive director shall initiate proceedings or actions appropriate to enforce the provisions of this chapter and may recommend that a district attorney or the Attorney General prosecute any public offense committed in violation of any provision of this chapter, or in violation of Section 97-19-55 when the offense involves the use of a casino marker issued to a licensed gaming establishment. 

(2)  If an investigation indicates probable cause for belief that a violation of this chapter, or a violation of Section 97-19-55 when the offense involves the use of a casino marker issued to a licensed gaming establishment, has occurred, the commission or the executive director shall refer the matter and the evidence gathered during the investigation to the district attorney having jurisdiction, with a request that such violation be prosecuted (a) by presentation to the grand jury if it appears that a felony violation has occurred, or (b) either by presentation to the grand jury or by filing a criminal affidavit if it appears that a misdemeanor violation has occurred. 

(3)  If a district attorney declines to prosecute an offense referred to him by the commission or the executive director, he shall respond in writing to the commission or the executive director within sixty (60) days following receipt of the request to prosecute and state the reasons declining to prosecute. 

(4)  If the commission or the executive director, after reviewing a district attorney's declination to prosecute, disagrees with the decision of such district attorney, the commission or the executive director may then refer the request for criminal prosecution to the Attorney General. In conducting any such prosecution, the Attorney General shall have all powers of a district attorney, including the power to issue or cause to be issued subpoenas or other process, and the right to enter the grand jury room while the grand jury is in session and to perform services with reference to the work of the grand jury. 
 

Sources: Laws,  1990 Ex Sess, ch. 45, § 74; Laws, 2009, ch. 454, § 1, eff from and after July 1, 2009.