Bill Text: MS HB1374 | 2017 | Regular Session | Introduced
Bill Title: Mississippi Law Enforcement Officer's Training Academy; require all law enforcement officers to attend.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2017-01-31 - Died In Committee [HB1374 Detail]
Download: Mississippi-2017-HB1374-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Judiciary B; Appropriations
By: Representative Dixon
House Bill 1374
AN ACT TO PROVIDE THAT THE MISSISSIPPI LAW ENFORCEMENT TRAINING ACADEMY SHALL BE THE ONLY APPROVED TRAINING SCHOOL IN THE STATE; TO AMEND SECTION 45-5-13, MISSISSIPPI CODE OF 1972, TO REQUIRE CADETS TO UNDERGO A NATIONAL BACKGROUND CHECK AND PROVIDE THAT JURISDICTION OF EMPLOYMENT SHALL NOT BE A FACTOR IN DETERMINING ACCEPTANCE TO THE ACADEMY; TO AMEND SECTION 45-6-11, MISSISSIPPI CODE OF 1972, TO REQUIRE ALL LAW ENFORCEMENT OFFICERS TO ATTEND THE ACADEMY PRIOR TO CERTIFICATION; TO AMEND SECTION 45-6-7, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE BOARD ON LAW ENFORCEMENT OFFICER STANDARDS AND TRAINING FROM APPROVING TRAINING SCHOOLS OTHER THAN THE ACADEMY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The Mississippi Law Enforcement Officer's Training Academy shall be the only approved training academy or school for law enforcement officers who are certified in accordance with Chapter 6, Title 45, Mississippi Code of 1972.
SECTION 2. Section 45-5-13, Mississippi Code of 1972, is amended as follows:
45-5-13. The director, with the approval of the commissioner, shall have the power and authority to accept or reject any group or individual; however, the jurisdiction of employment shall not be a factor in determining acceptance or rejection. If an individual or group is rejected by the director, he or they may by written request appeal to a reviewing board made up of the Commissioner of Public Safety, who will be presiding officer; the Attorney General of the state; and the Secretary of State. This board will have final authority on rejection or approval of applicants who have appealed to the board.
SECTION 3. Section 45-6-11, Mississippi Code of 1972, is amended as follows:
45-6-11. * * *
( * * *1) (a) No person shall be appointed
or employed as a law enforcement officer or a part-time law enforcement officer
unless that person has been certified as being qualified under the provisions
of subsection ( * * *2)
of this section.
(b) No person shall be appointed or employed as a law enforcement trainee in a full-time capacity by any law enforcement unit for a period to exceed one (1) year. No person shall be appointed or employed as a law enforcement trainee in a part-time, reserve or auxiliary capacity by any law enforcement unit for a period to exceed two (2) years. The prohibition against the appointment or employment of a law enforcement trainee in a full-time capacity for a period not to exceed one (1) year or a part-time, reserve or auxiliary capacity for a period not to exceed two (2) years may not be nullified by terminating the appointment or employment of such a person before the expiration of the time period and then rehiring the person for another period. Any person, who, due to illness or other events beyond his control, could not attend the required school or training as scheduled, may serve with full pay and benefits in such a capacity until he can attend the required school or training.
(c) No person shall serve as a law enforcement officer in any full-time, part-time, reserve or auxiliary capacity during a period when that person's certification has been suspended, cancelled or recalled pursuant to the provisions of this chapter.
( * * *2) (a) In addition to the
requirements of subsections ( * * *1), (7) and (8) of this section, the
board, by rules and regulations consistent with other provisions of law, shall
fix other qualifications for the employment of law enforcement officers,
including minimum age, education, physical and mental standards, citizenship,
good moral character, experience and such other matters as relate to the
competence and reliability of persons to assume and discharge the
responsibilities of law enforcement officers, and the board shall prescribe the
means for presenting evidence of fulfillment of these requirements.
Additionally, the board shall fix qualifications for the appointment or
employment of part-time law enforcement officers to essentially the same
standards and requirements as law enforcement officers. The board shall
develop and implement a part-time law enforcement officer training program that
meets the same performance objectives and has essentially the same or similar
content as the programs approved by the board for full-time law enforcement
officers and the board shall provide that such training shall be available
locally and held at times convenient to the persons required to receive such
training.
(b) All full-time and part-time law enforcement officers employed in the State of Mississippi shall be required to attend the Mississippi Law Enforcement Officer's Training Academy prior to receiving certification. All officers currently employed shall receive training at the academy as soon as practicable. Failure to receive training by July 1, 2018, shall result in the officer being placed on administrative leave until he or she completes the required training.
( * * *3) Any elected sheriff, constable,
deputy or chief of police may apply for certification. Such certification
shall be granted at the request of the elected official after providing
evidence of satisfaction of the requirements of subsections (3) and (4) of this
section. Certification granted to such elected officials shall be granted
under the same standards and conditions as established by law enforcement
officers and shall be subject to recall as in subsection (7) of this section.
( * * *4) The board shall issue a certificate
evidencing satisfaction of the requirements of subsections (3) and (4) of this
section to any applicant who presents such evidence as may be required by its
rules and regulations of satisfactory completion of a program or course of
instruction in another jurisdiction equivalent in content and quality to that
required by the board for approved law enforcement officer education and
training programs in this state, and has satisfactorily passed any and all
diagnostic testing and evaluation as required by the board to ensure
competency.
( * * *5) Professional certificates remain
the property of the board, and the board reserves the right to either reprimand
the holder of a certificate, suspend a certificate upon conditions imposed by
the board, or cancel and recall any certificate when:
(a) The certificate was issued by administrative error;
(b) The certificate was obtained through misrepresentation or fraud;
(c) The holder has been convicted of any crime involving moral turpitude;
(d) The holder has been convicted of a felony;
(e) The holder has committed an act of malfeasance or has been dismissed from his employing law enforcement agency; or
(f) Other due cause as determined by the board.
( * * *6) When the board believes there is a
reasonable basis for either the reprimand, suspension, cancellation of, or
recalling the certification of a law enforcement officer or a part-time law
enforcement officer, notice and opportunity for a hearing shall be provided in
accordance with law prior to such reprimand, suspension or revocation.
( * * *7) Any full- or part-time law
enforcement officer aggrieved by the findings and order of the board may file
an appeal with the chancery court of the county in which such person is
employed from the final order of the board. Such appeals must be filed within
thirty (30) days of the final order of the board.
( * * *8) Any full- or part-time law
enforcement officer whose certification has been cancelled pursuant to this
chapter may reapply for certification, but not sooner than two (2) years after
the date on which the order of the board cancelling such certification becomes
final.
(9) (a) In addition to any other requirements provided by law, any person desiring to become a law enforcement officer shall comply with the following provisions as part of the application process for employment as a law enforcement officer:
(i) Mental health evaluation by a licensed psychologist;
(ii) Criminal background check;
(iii) A thorough investigation by the Mississippi Bureau of Investigation into the character of the applicant; and
(iv) Testing for alcohol, drug or substance abuse.
(b) Any applicant who does not satisfactorily complete the requirements of this subsection (9) shall not be eligible for employment as a law enforcement officer.
SECTION 4. Section 45-6-7, Mississippi Code of 1972, is amended as follows:
45-6-7. In addition to the powers conferred upon the board elsewhere in this chapter, the board shall have power to:
(a) Promulgate rules and regulations for the administration of this chapter, including the authority to require the submission of reports and information by law enforcement agencies of the state and its political subdivisions.
(b) Establish minimum educational and training standards for admission to employment or appointment as a law enforcement officer or a part-time law enforcement officer: (i) in a permanent position; and (ii) in a probationary status.
(c) Certify persons as being qualified under the provisions of this chapter to be law enforcement officers or part-time law enforcement officers.
(d) Revoke certification for cause and in the manner provided in this chapter. The board is authorized to subpoena documents regarding revocations. The board shall maintain a current list of all persons certified under this chapter who have been placed on probation, suspended, subjected to revocation of certification, or any combination of these.
(e) Establish minimum
curriculum requirements for basic and advanced courses and programs * * * for the specific purpose of training police and
other law enforcement officers, both full- and part-time.
(f) Consult and
cooperate with counties, municipalities, state agencies, other governmental
agencies, and with universities, colleges, community and junior colleges and
other institutions concerning the development of * * * programs or courses of
instruction for personnel defined in this chapter.
(g) Make recommendations concerning any matter within its purview pursuant to this chapter.
(h) Make such inspection and evaluation as may be necessary to determine if governmental units are complying with the provisions of this chapter.
* * *
( * * *i) Upon the request of agencies
employing personnel defined in this chapter, conduct surveys or aid
municipalities and counties to conduct surveys through qualified public or
private agencies and assist in the implementation of any recommendations resulting
from such surveys.
( * * *j) Upon request of agencies within the
purview of this chapter, conduct general and specific management surveys and
studies of the operations of the requesting agencies at no cost to those
agencies. The role of the board under this subsection shall be that of
management consultant.
( * * *k) Adopt and amend regulations
consistent with law, for its internal management and control of board programs.
( * * *l) Enter into contracts or do such
things as may be necessary and incidental to the administration of this
chapter.
( * * *m) Establish jointly with the State
Board of Education the minimum level of basic law enforcement training required
of persons employed by school districts as school security guards, or school
resource officers or in other positions that have the powers of a peace
officer.
SECTION 5. This act shall take effect and be in force from and after its passage.
