Senate committee advances very different version of House Bill 1020. See what they changed

This story has been updated to include a statement released Friday afternoon by Jackson Mayor Chokwe Antar Lumumba.

A heavily modified version of one of the most contentious bills of the 2023 legislative session passed a Senate committee Thursday.

The version of House Bill 1020 that passed the Senate Judiciary A Committee entirely removes the creation of a new unelected court system within the Capitol Complex Improvement District, instead cementing state support for and involvement within the existing Hinds County court system.

At first glance, to some members of the Jackson delegation, the Senate version appeared to be the lesserof two evils. Sen. John Horhn, D-Jackson, said it removed some of the more "onerous" aspects, while Rep. Ronnie Crudup said the changes appeared to move the bill in a positive direction, though there were still serious concerns.

Jackson Mayor Chokwe Antar Lumumba, who had said the previous version of the bill "reminds me of apartheid," released a statement Friday making clear that he remains opposed to both versions. The Senate version, he said in the statement, "still exists as an attack against Black leadership."

"It is an effort to strip one of the largest Black communities in the nation of its voting rights, pick its leadership and deny the right to vote. This bill would make Mississippi a model for red states with blue capital cities," Lumumba said. "At its core, this bill is about lawmakers giving themselves the ability to outmaneuver the federal government. So, by policy or through actually preventing people to vote, it still reflects the poorest version of Mississippi."

The version of the bill that passed the House, after nearly five hours of debate, would have created a new court system to oversee cases within an expanded CCID. Critics said it would create two court systems within Jackson, one elected by residents and serving areas in the city with a majority of Black residents, and another appointed by state leaders and serving majority white areas. Proponents, like the bill's author Rep. Trey Lamar, R-Senatobia, said it is intended to help assist the backlog faced by Hinds County Court and therefor reduce crime in the city.

Sen. Brice Wiggins, R-Pascagoula, said his changes to the House version share Lamar's motivations, despite making significant changes.

"I think that is what we're trying to do," Wiggins said.

The new Senate version of the bill would create and fund five new temporary judge positions within the Hinds County court system, to be appointed by the chief justice of the state supreme court. These are similar to the four special temporary judges that have been funded by the legislature and appointed by the chief justice for the last two years. The difference, Wiggins said, is that rather than needing reauthorization through the appropriations process every year, the Senate bill would codify the positions, at least until the bill expires on Dec. 1, 2026.

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"A lot of work's been put in it from the Senate side," Wiggins said. "We are codifying what we have been doing at the state legislature for the last two years."

Wiggins said the extra judges would be in-line with what the court system has seen for the last two years, but it would include an additional judge.

"The best way to put it is it codifies the four that the legislature has been funding and it adds another one," Wiggins said.

It would also ensure that Hinds County gains an additional elected judge in 2026, coinciding with the potential expiration of the temporary appointed judges.

The bill would do more than that, though. Similar to a bill that already passed the Senate, the new version of HB 1020 would increase the jurisdiction of the Capitol Police to include all of Jackson. It would require a memorandum of understanding to be agreed to between the city and the state Department of Public Safety on how Jackson Police and Capitol Police would work together. If no agreement can be reached, the dispute would be decided in favor of the state.

Sen. Barbara Blackmon, D-Canton, questioned why the state should be given that power in negotiations with the city.

"Why is that not a mutual (agreement)?" Blackmon said. "What if it's the Capitol Police chief is refusing to execute the memorandum? If he refuses or she refuses, then why can it not also be in favor of the city of Jackson?"

Wiggins responded that when agencies work together one must be in charge.

"This is language which has been used in previous Capitol Police legislation," Wiggins said. "Somebody needed to be in charge, and you have problems when that doesn't happen."

Lumumba too took issue with the memorandum of understanding language. Lumumba, who told the Mississippi Free Press that he would not agree to a memorandum, said its inclusion is an attempt to shield the bill from constitutional challenges in courts.

"Lastly, the portion of the bill that suggests that the City of Jackson sign an MOU (memorandum of understanding) in ‘agreement’ with the CCID merely suggests legislators realize this bill is fraught with constitutional issues. Therefore, they want it cloaked as an agreement between the city and the state - as opposed to what it really is - a seizure of power over our City," Lumumba said.

One of the few aspects of Lamar's bill that remains in the Senate version is a requirement for Capitol Police officers to wear body cameras. That provision was added on the House floor by Rep. Cheikh Taylor, D-Starkville. It does not include a punishment for officers or for the agency. Blackmon proposed an amendment that would create one, taking three-months pay from any officer caught without a camera, but the amendment failed. Wiggins said law enforcement agencies develop their own penalties and that those conversations can be a part of the memorandum of understanding. Capitol Police were involved in more than a dozen shootings last year.

One of the key criticisms that the Jackson House delegation had of the House version was that they were not consulted prior to its introduction. Many, like Rep. Zakiya Summers, D-Jackson, called the bill racist. Summers said it would create a "separate but unequal" court system within a city that is about 83% Black.

During the hearing Thursday, Wiggins said that he consulted with Senators from Jackson and with Hinds County District Attorney Jody Owens while crafting his amendment. According to Wiggins, Owens said in that conversation his office is still working on cases from as far back as 2015.

"I did. I informed them. We discussed it. I will let them, should they want to, comment on that, but yes, I did, and I was certainly glad to do it," Wiggins said. "They've worked hard for their constituents to bring a safe community to Jackson."

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If the Senate version of HB 1020 does pass the wider chamber, Wiggins indicated that he does not anticipate their version to pass the full House without changes. Instead, he said it is likely to go to a conference committee, where differences are either ironed out or the bill dies.

"My assumption is that we'll end up in conference," Wiggins said. "That being said, should this pass and pass the floor, this is the Senate position going into conference."

The legislative session ends April 2.

This article originally appeared on Mississippi Clarion Ledger: Jackson, Mississippi courts bill passes Senate committee after changes