Bill Text: MS HB1152 | 2013 | Regular Session | Introduced

Mississippi House Bill 1152 (Prior Session Legislation)

Introduced

Bill Title: Governmental entity; create exception for liability against when a law enforcement officer shoots a person in back.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-02-05 - Died In Committee [HB1152 Detail]

Download: Mississippi-2013-HB1152-Introduced.html

MISSISSIPPI LEGISLATURE

2013 Regular Session

To: Judiciary B

By: Representative Dixon

House Bill 1152

AN ACT TO AMEND SECTION 11-46-15, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE LIABILITY LIMITATIONS FOR A GOVERNMENTAL ENTITY SHALL NOT APPLY WHEN A LAW ENFORCEMENT OFFICER SHOOTS ANY PERSON IN HIS OR HER BACK AND THE PERSON DIES FROM THE INJURY CAUSED BY SUCH SHOOTING; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 11-46-15, Mississippi Code of 1972, is amended as follows:

11-46-15. (1) In any claim or suit for damages against a governmental entity or its employee brought under the provisions of this chapter, the liability shall not exceed the following for all claims arising out of a single occurrence for all damages permitted under this chapter:

(a) For claims or causes of action arising from acts or omissions occurring on or after July 1, 1993, but before July 1, 1997, the sum of Fifty Thousand Dollars ($50,000.00);

(b) For claims or causes of action arising from acts or omissions occurring on or after July 1, 1997, but before July 1, 2001, the sum of Two Hundred Fifty Thousand Dollars ($250,000.00);

(c) For claims or causes of action arising from acts or omissions occurring on or after July 1, 2001, the sum of Five Hundred Thousand Dollars ($500,000.00).

(2) No judgment against a governmental entity or its employee for any act or omission for which immunity is waived under this chapter shall include an award for exemplary or punitive damages or for interest prior to judgment, or an award of attorney's fees unless attorney's fees are specifically authorized by law.

(3) Except as otherwise provided in Section 11-46-17(4), in any suit brought under the provisions of this chapter, if the verdict which is returned, when added to costs and any attorney's fees authorized by law, would exceed the maximum dollar amount of liability provided in subsection (1) of this section, the court shall reduce the verdict accordingly and enter judgment in an amount not to exceed the maximum dollar amount of liability provided in subsection (1) of this section.

(4) The provisions of this section shall not apply when a law enforcement officer shoots any person in his or her back and the person dies from the injury caused by such shooting.

SECTION 2. This act shall take effect and be in force from and after July 1, 2013.