Bill Text: MS HB1431 | 2010 | Regular Session | Introduced
Bill Title: Crimes; revise laws regarding cruelty to animals.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2010-02-02 - Died In Committee [HB1431 Detail]
Download: Mississippi-2010-HB1431-Introduced.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Agriculture; Judiciary B
By: Representative Dedeaux
House Bill 1431
AN ACT TO AMEND SECTIONS 97-41-1, 97-41-2, 97-41-3, 97-41-5, 97-41-7, 97-41-9, 97-41-13, 97-41-16 AND 97-41-17, AND TO CREATE NEW SECTION 97-41-8, MISSISSIPPI CODE OF 1972, TO REVISE THE LAWS REGARDING ANIMAL CRUELTY CRIMES; TO AMEND SECTION 11-46-9, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 97-41-1, Mississippi Code of 1972, is amended as follows:
97-41-1. The purpose of Chapter 41, Title 97, Mississippi Code of 1972, is to:
(a) Protect the public health and welfare by assessing criminal responsibility for the intentional infliction of heinous and criminal acts against animals;
(b) Encourage cooperation between state law enforcement officials, courts, and citizens in the investigation, assessment, and prosecution of heinous and criminal acts against animals;
(c) Promote a safe and abundant food supply; and
(d) Prevent the criminal prosecution of activities associated with the performance of accepted agricultural and animal husbandry practices.
SECTION 2. Section 97-41-2, Mississippi Code of 1972, is amended as follows:
97-41-2. (1) For purposes of Chapter 41, Title 97, Mississippi Code of 1972, the following words and phrases shall have the meanings ascribed in this section, unless the context clearly indicates otherwise:
(a) "Abandon" means to either:
(i) Forsake an animal entirely without adequate provisions for the proper care of the animal having been made by the owner of the animal, the person responsible for the care or custody of the animal, or any other person having possession of the animal; or
(ii) Neglect or refuse to provide for the proper care of the animal, by the owner, the person responsible for the care or custody of the animal, or any other person having possession of the animal.
(b) "Animal" means any living vertebrate creature, except a human being or fish.
(c) "Animal control officer" means an officer employed by or under contract with an agency of the state, county, municipality, or other governmental subdivision of the state, which is responsible for animal control operations in its jurisdiction.
(d) "Animal husbandry practice" means the raising, management, and using of animals to provide food, fiber or transportation, including, but not limited to, dehorning, docking,
castration, or neutering of livestock or poultry, or any other practice consistent with acceptable standards of veterinary practice.
(e) "Animal identification" means the use of microchips, tattoos, ear tags, branding, ear notching or any similar technology to identify the owner of an animal.
(f) "Appropriate place of custody" means a nonprofit animal shelter; animal pound; society incorporated for the prevention of cruelty to animals; agency of the state, county,
municipality, or other governmental subdivision of the state, which is responsible for animal control operations in its jurisdiction; other public or private custodian that shelters, cares for and provides necessary medical treatment to an animal; or the owner of the animal, if approved by written order of a court of competent jurisdiction.
(g) "Competitive event" means an otherwise lawful event that is generally recognized as having an established schedule of activities involving competition of animals or exhibitions.
(h) "Cruel mistreatment" means any act that causes, or unreasonably permits the continuation of, unnecessary or unjustifiable pain or suffering.
(i) "Cruel neglect" means the willful failure to provide food, water, protection from the elements, or other care generally considered to be normal, usual, and accepted for the health and well-being of an animal consistent with the species, breed, and type of animal.
(j) "Equine activity" means:
(i) Participating in an equine show, fair, competition, performance or parade that involves any or all breeds of equines and any of the equine disciplines, including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, pulling, cutting, polo, steeplechasing, endurance trail riding and western games;
(ii) Teaching and training activities of equine shows or rodeos;
(iii) Boarding equines;
(iv) Riding, inspecting, or evaluating an equine belonging to another, whether or not the owner has received some monetary consideration or other thing of value for the use of the
equine or is permitting a prospective purchaser of equine to ride, inspect, or evaluate the equine; and
(v) Riding, hunting, or other equine activities of any type, no matter how informal or impromptu.
(k) "Law enforcement officer" means any appointed or elected law enforcement officer or sheriff employed by a public law enforcement department, office, or agency who:
(i) Is responsible for the prevention and detection of crime and the enforcement of the criminal, traffic, or highway laws of this state; and
(ii) Has met the selection and training requirements for certification established by the Mississippi Board on Law Enforcement Officer Standards and Training.
(l) "Euthanasia" or "euthanizing" means to produce the humane death of an animal by techniques accepted by the American Veterinary Medical Association and in accordance with applicable
federal and state laws.
(m) "Humanely destroyed" or "humanely destroying" means the euthanizing of an animal by a licensed veterinarian.
(n) "Humanely killing" or "humanely killed" means the killing of an animal in a swift manner intended to limit the pain or suffering of the animal.
(o) "Licensed veterinarian" means a veterinarian licensed to engage in the practice of veterinary medicine in Mississippi in accordance with applicable state laws.
(p) "Local law enforcement agency" means the police force of a municipality, the office of the county sheriff, or the state police.
(q) "Mutilate" means to seriously wound, injure, maim, or disfigure an animal by irreparably damaging the body parts of the animal or to render useless any part of the body of the
animal.
(r) "Owner" means any person who has a property right in an animal.
(s) "Person" means any individual, firm, partnership, corporation, organization, association, or any combination thereof, whether or not incorporated, the State of Mississippi, or
any county, municipality, or political subdivision of the state.
(t) "Poultry" means chickens, turkeys, ducks, geese, gamebirds, and other domestic fowl as determined by the Mississippi Department of Agriculture and Commerce.
(u) "Professional pest control activities" includes those activities governed by the Mississippi Pesticide Law of 1975, Section 69-23-1, et seq.; professional services related to entomology, plant pathology, horticulture, tree surgery, weed control or soil classification, as regulated under Section 69-19-1, et seq.; and any other pest control activities conducted in accordance with state law.
(v) "Public livestock market" means any place, establishment, or facility commonly known as a livestock market, sales ring, stockyard, or the like, operated for compensation or
profit as a public market for livestock, consisting of pens, or other enclosures, and their appurtenances, in which livestock are received, held, sold, or kept for sale or shipment.
(w) "Rodeo" means a performance featuring competition between persons that includes one or more of the following events: bareback bronc riding, saddle bronc riding, bull riding, calf roping, steer wrestling, or team roping. A rodeo performed on private property for which admission is charged, or that sells or accepts sponsorships, or is open to the public, constitutes a
performance for purposes of this definition.
(x) "Torture" means the act of doing physical injury to a dog or cat by the infliction of inhumane treatment or gross physical abuse meant to cause the dog or cat intensive or
prolonged pain or serious physical injury, or thereby causing death due to said act, with the intent of increasing or prolonging the pain of the animal.
SECTION 3. Section 97-41-3, Mississippi Code of 1972, is amended as follows:
97-41-3. (1) Except as otherwise provided for the offense of aggravated cruelty to a dog or cat in Section 97-41-16, and except when acting pursuant to an exemption set forth in Section 97-41-5 or as otherwise provided by law, a person commits the offense of cruelty to animals, if, he or she knowingly:
(a) Abandons any animal;
(b) Subjects any animal to cruel mistreatment or cruel neglect; or
(c) Kills or injures any animal belonging to another without legal privilege or without being in lawful defense of one's person or property.
(2) The offense of cruelty to animals is a misdemeanor punishable, upon conviction, by a fine of not less than One Hundred Fifty Dollars ($150.00) and no more than One Thousand Dollars ($1,000.00), or by imprisonment for no more than six (6) months, or sentencing of not more than thirty (30) days of community service.
(3) If a person is alleged to have committed the offense of cruelty to animals under the provisions of this section, then he shall not also be alleged to have committed the offense of aggravated cruelty to a dog or cat under Section 97-41-16, for an alleged offense that involves the same animal.
(4) For purposes of this section, each alleged act of the offense of cruelty to animals, or the offense of aggravated cruelty to a dog or cat under Section 97-41-16, that is committed against more than one (1) animal shall constitute a separate offense.
(5) (a) In addition to any other penalty provided by law, the court may order any person who pleads guilty or nolo contendere to, or who is found guilty of the offense of cruelty to animals, to receive a psychiatric or psychological evaluation, and if determined appropriate, psychiatric or psychological counseling or treatment for a length of time prescribed by the court.
(b) The cost of any evaluation, counseling, or treatment shall be ordered paid by such person, up to a maximum amount that is no more than the jurisdictional limit of the sentencing court.
SECTION 4. Section 97-41-5, Mississippi Code of 1972, is amended as follows:
97-41-5. (1) Nothing in Chapter 41, Title 97, Mississippi Code of 1972, shall be construed as prohibiting a person from:
(a) Defending himself or herself or another person from physical or economic injury being threatened or caused by an animal.
(b) Injuring or killing an unconfined animal on the property of such person, if the unconfined animal is reasonably believed to constitute a threat of physical injury or damage
to any animal under the care or control of such person.
(c) Acting under the provisions of Section 95-5-19 to protect poultry or livestock from a trespassing dog that is in the act of chasing or killing such poultry or livestock.
(d) Engaging in practices that are licensed or lawful under the Mississippi Veterinary Practice Act, Section 73-39-51, et seq., or engaging in activities by any licensed veterinarian while following accepted standards of practice of the profession, including the euthanizing of an animal.
(e) Humanely killing an animal that is suffering from an incurable or untreatable illness or condition, or when there appears to be no reasonable probability that the life or usefulness of the animal can be saved.
(f) Rendering emergency care, treatment, or assistance to an animal that is abandoned, ill, injured, or in distress related to an accident or disaster, if the person rendering the
care, treatment, or assistance is acting in good faith and not receiving compensation for rendering such care, treatment or assistance.
(g) Performing accepted animal husbandry practices on livestock or poultry.
(h) Performing professional pest control activities in a lawful manner.
(i) Training for, or participating in, a rodeo, equine activity, or competitive event.
(j) Engaging in accepted practices of animal identification.
(k) Engaging in activities regulated by the Mississippi Department of Wildlife, Fisheries and Parks.
(l) Performing activities undertaken by research and education facilities or institutions that are:
(i) Regulated under the provisions of the Animal Welfare Act, 7 USCS 2131 et seq., as in effect on July 1, 2010;
(ii) Regulated under the provisions of the Health Research Extension Act of 1985, Public Law No. 99-158; or
(iii) Subject to any other applicable state or federal law or regulation governing animal research as in effect on July 1, 2010.
(m) Disposing of or destroying certain dogs under authority of Sections 19-5-50, 21-19-9 and 41-53-11, which allow counties, municipalities and certain law enforcement officers to destroy dogs running at large without proper identification indicating that such dogs have been vaccinated for rabies.
(n) Engaging in conduct or performing activities otherwise permitted under state or federal law including, but not limited to, agricultural practices, animal husbandry, butchering, food processing, marketing, scientific research, medical research or treatment, zoological exhibition or competition, hunting, trapping, fishing, or wildlife management.
(2) If a person is engaged in any of the activities described in the exemptions set forth in this section, then he may not be charged with the offense of cruelty to animals or the offense of aggravated cruelty to a dog or cat.
(3) If the owner or person in control of an animal is precluded, by natural or other causes beyond his reasonable control as described in this subsection (3), from acting to prevent an act or omission that might otherwise constitute an allegation of the offense of cruelty to animals or the offense of aggravated cruelty to a dog or cat, then that person shall not be guilty for either offense. Such natural or other causes beyond the reasonable control of the person include, without limitation, acts of God, declarations of disaster, emergencies, acts of war, earthquakes, hurricanes, tornadoes, fires, floods or other natural disasters.
SECTION 5. Section 97-41-7, Mississippi Code of 1972, is amended as follows:
97-41-7. (1) (a) A person who believes that the offense of cruelty to animals or the offense of aggravated cruelty to a dog or cat has taken place, or is taking place, may file a complaint with a local law enforcement agency.
(b) The person who files a complaint with a local law enforcement agency under subsection (1)(a) of this section must submit, at the time the complaint is filed, a signed affidavit stating the facts upon which the belief that the offense of cruelty to animals or the offense of aggravated cruelty to a dog or cat has occurred or is occurring.
(2) A law enforcement officer of a local law enforcement agency who receives a complaint under subsection (1) of this section may apply for a search warrant under oath or affirmation to any court of competent jurisdiction authorized to issue warrants in criminal cases in the jurisdiction in which the alleged violation has taken place or is taking place. If the court determines that probable cause exists, then it shall issue a warrant directing a law enforcement officer of the local law enforcement agency to proceed immediately to the location of the alleged violation, search the place designated in the warrant, and, if warranted, take custody of property or seize any animal or animals specified in the warrant.
(3) Nothing in this section prohibits or otherwise limits a law enforcement officer of a local law enforcement agency from arresting any person believed to have committed the offense
of cruelty to animals or the offense of aggravated cruelty to a dog or cat, or from seizing any animal that appears to evidence the occurrence of such an offense, without first obtaining a warrant under subsection (2) of this section, so long as the arrest and/or seizure is otherwise lawful.
(4) A law enforcement officer may consult with a licensed veterinarian or an animal control officer to assist him in determining whether seizing an animal under this section is in the immediate best interest of the animal. Such consultation may occur by means of the physical inspection of the animal and its environment by the licensed veterinarian or an animal control officer, or by means of verbal communication in which the law enforcement officer describes to the licensed veterinarian or animal control officer the condition of the animal and its environment.
(5) A law enforcement officer of a local law enforcement agency who seizes an animal under authority of this section, or Section 97-41-9, shall deliver the animal to an appropriate place of custody.
(6) Upon the animal's seizure, the law enforcement officer shall provide written notice to the animal's owner that contains a description of the animal, the date it was seized, the name of the appropriate place of custody to which the animal has been delivered, if known at the time, and the process by which the owner can prevent disposition of the animal under Section 97-41-8. Such written notification may be delivered in person, posted at the residence of the owner, or sent certified mail to the last known address of the owner.
(7) A law enforcement officer of a local law enforcement agency who seizes an animal shall provide written notice to the court that issued the warrant, and the notice must include a written description of the animal and the name and address of the
appropriate place of custody to which the animal has been delivered.
(8) After an animal has been seized by a law enforcement officer and delivered to an appropriate place of custody, the court may place the animal with any other appropriate place of
custody at any time.
SECTION 6. The following shall be codified as Section 97-41-8, Mississippi Code of 1972:
97-41-8. (1) An animal that has been seized by a law enforcement officer of a local law enforcement agency pursuant to Section 97-41-7 or 97-41-9 shall remain at the appropriate place of custody for a period of fifteen (15) consecutive days, including weekends and holidays, after written notice. Thereafter, if a person who claims an interest in the animal has not posted bond in accordance with subsection (2)(a) of this section, the appropriate place of custody shall determine the final disposition of the animal in accordance with reasonable practices for the humane treatment of animals.
(2) (a) A person claiming an interest in any animal seized pursuant to Section 97-41-7 or 97-41-9 may prevent disposition of the animal by posting a bond with the court in an amount that the court determines is sufficient to care for the animal for at least thirty (30) days. The bond shall be filed with the court within fifteen (15) days after written notice is provided.
(b) Such a bond shall not prevent the appropriate place of custody from disposing of the animal at the end of the thirty-day period, unless the person claiming an interest posts a new bond for an amount determined by the court for an additional thirty-day period. If a new bond is not so posted, then the appropriate place of custody shall determine the final disposition of the animal in accordance with reasonable practices for the humane treatment of animals.
(3) (a) Nothing in this section shall prevent the euthanizing of any seized animal, at any time, whether or not any bond was posted, if the court determines in accordance with testimony from a licensed veterinarian that the animal is not likely to survive and is suffering intractable pain as a result of a physical condition or illness. In such instances, the court, in its discretion, may order the return of any bond posted, less reasonable costs, at the time of trial.
(b) Except as provided under paragraph (a) of this subsection (3), an appropriate place of custody is prohibited from, and shall not alter or modify an animal in any manner including, but not limited to, the neutering, spaying, or castration of the animal, without a written court order, the issuance of which is preceded by a hearing involving all interested parties. A violation of this paragraph (b) shall constitute a misdemeanor, punishable upon conviction by a fine of not less than One Hundred Fifty Dollars ($150.00) and no more than One Thousand Dollars ($1,000.00), or by imprisonment for no more than six (6) months or sentencing of no more than thirty (30) days of community service.
(4) (a) If a person pleads guilty or nolo contendere to, or is found guilty of, either the offense of cruelty of animals or the offense of aggravated cruelty to a dog or cat, and that
person is the owner of the animal to which the offense pertains, then the person shall be divested of ownership of the animal, and the court shall either:
(i) Order a public sale of the animal by auction;
(ii) Order the animal given to an appropriate place of custody;
(iii) Order the animal humanely destroyed, if the court decides that the best interests of the animal, or that the public health and safety would be best served by doing so, based on the sworn testimony of a licensed veterinarian or an animal control officer; or
(iv) Order the animal given to a licensed veterinarian with the written consent of the veterinarian.
(b) If a person pleads guilty or nolo contendere to, or is found guilty of, either the offense of cruelty of animals or the offense of aggravated cruelty to a dog or cat, and that person
is not the owner of the animal to which the offense pertains, then the court shall order that the animal be returned to the owner, if practicable, or, if not practicable, the court shall either:
(i) Order a public sale of the animal by auction;
(ii) Order the animal given to an appropriate place of custody;
(iii) Order the animal humanely destroyed, if the court decides that the best interests of the animal, or that the public health and safety would be best served by doing so, based on the sworn testimony of a licensed veterinarian or animal control officer; or
(iv) Order the animal given to a licensed veterinarian with the written consent of the veterinarian.
(5) The court may order that an animal disposed of under subsection (4) of this section be spayed or neutered at the cost of the receiving party.
(6) If the owner of an animal has been charged with the offense of cruelty to animals or the offense of aggravated cruelty to a dog or cat, and is found not guilty or the proceedings against the owner have been otherwise terminated, then the court shall order the animal returned to the owner.
(7) Notice of an auction conducted under subsection (4) of this section shall be published at least once a week for two (2) consecutive weeks in a newspaper having general circulation in the county in which the auction will be held. The notice shall specify the description of the animal or animals to be sold and the time and place of the public auction. If a person was divested of ownership of an animal under subsection (4)(a), then a bid at such auction made by that person, or his representative or a member of his household, shall not be accepted.
(8) (a) The person responsible for conducting the auction shall deliver the proceeds from the auction, minus reasonable and appropriate costs associated with conducting the auction, to the
court that ordered the public sale of the animal by auction. Proceeds from the sale of the animal shall be applied to any remaining costs that pertain to the investigation and proceedings involving an offense of cruelty to animals or an offense of aggravated cruelty to a dog or cat, with priority of payment allocated to the costs of housing and caring for the animal during its impoundment and other reasonable costs associated with the seizing of the animal. The court may order any excess proceeds to be paid in a manner determined by the court.
(b) If an attempt is made to sell an animal at auction under subsection (7) of this section and the animal is not sold at auction, the person responsible for conducting the auction shall notify the court that ordered the animal to be sold at auction, and the court shall order that the animal:
(i) Be humanely destroyed if the court decides that the best interests of the animal or that the public health and safety would be served by doing so, based on the sworn testimony of a licensed veterinarian or animal control officer;
(ii) Be given to an appropriate place of custody; or
(iii) Be given to a licensed veterinarian with the written consent of the veterinarian.
SECTION 7. Section 97-41-9, Mississippi Code of 1972, is amended as follows:
97-41-9. (1) If a person is arrested by a law enforcement officer of a local law enforcement agency for an alleged violation of this chapter, and at the time of the arrest, the person is in the control or charge of a vehicle drawn by or containing an animal, then the officer may seize the animal, and he may impound the vehicle and its contents in any lawful manner.
(2) A law enforcement officer of a local law enforcement agency who seizes an animal under subsection (1) of this section shall have the animal delivered to an appropriate place of
custody.
(3) Any vehicle or its contents impounded under subsection (1) of this section shall be returned to the owner as soon as reasonably practicable under the circumstances.
SECTION 8. Section 97-41-13, Mississippi Code of 1972, is amended as follows:
97-41-13. (1) A person who impounds or causes to be impounded, in any appropriate place of custody or other place, an animal shall supply to it during the confinement a sufficient quantity of food and water.
(2) Upon conviction, a person who violates subsection (2) of this section is guilty of a misdemeanor, punishable by a fine of not less than One Hundred Fifty Dollars ($150.00) and no more than One Thousand Dollars ($1,000.00), or by imprisonment for no more than six (6) months or sentencing to no more than thirty (30) days of community service.
(3) (a) If an animal is impounded under subsection (1) of this section and is without necessary food and water for more than twelve (12) successive hours, then any person may lawfully enter into and upon any pound or other place where the animal is confined and supply it with necessary food and water, so long as the animal remains confined.
(b) A person is not liable in any action for such entry, and the reasonable cost of the food and water may be collected by him or her from the owner of the animal.
(c) The animal is not exempt from levy and sale upon execution issued upon a judgment for the reasonable cost of the food and water.
SECTION 9. Section 97-41-16, Mississippi Code of 1972, is amended as follows:
97-41-16. (1) Except when acting pursuant to an exemption set forth in Section 97-41-5 or as otherwise allowed by law, a person commits the offense of aggravated cruelty to a dog or cat if he or she intentionally and maliciously, tortures, mutilates, maims, burns, poisons, or starves any dog or cat.
(2) (a) Any person who pleads guilty or nolo contendere to, or is found guilty of, a first offense of aggravated cruelty to a dog or cat shall be deemed to be guilty of a misdemeanor and punished by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00) or be imprisoned in the county jail for not more than forty-eight (48) hours, or both fine and punishment.
* * *
(b) Any person who pleads guilty or nolo contendere to, or is found guilty of, a second offense of aggravated cruelty to a dog or cat shall be guilty of a misdemeanor and punished by a fine of not less than Six Hundred Dollars ($600.00) nor more than One Thousand Five Hundred Dollars ($1,500.00), by imprisonment for not less than five (5) days nor more than one (1) year, and by sentencing to community service work for not less than ten (10) days nor more than one (1) year.
(c) Any person who pleads guilty or nolo contendere to, or is found guilty of, a third or subsequent offense of aggravated cruelty to a dog or cat shall be guilty of a felony and punished by a fine of not less than Five Thousand Dollars ($5,000.00) and by imprisonment for not less than five (5) years in the custody of the Department of Corrections.
(3) (a) The court may order any person who pleads guilty or nolo contendere to, or is found guilty of, the offense of aggravated cruelty to a dog or cat, to receive a psychiatric or psychological evaluation, and if determined appropriate, psychiatric or psychological counseling or treatment for a length of time as prescribed by the court.
(b) The cost of any psychiatric or psychological evaluation, counseling, or treatment shall be paid by such person upon order of the court.
(4) If a person is alleged to have committed the offense of aggravated cruelty to a dog or cat under the provisions of this section, then he shall not also be alleged to have committed the offense of cruelty to animals under Section 97-41-3, for an alleged offense that involves the same animal.
(5) For purposes of this section, each alleged act of the offense of aggravated cruelty to a dog or cat under this section that is committed against more than one (1) dog or one (1) cat shall constitute a separate offense.
(6) This section shall not be construed to apply to any animal other than a dog or cat.
SECTION 10. Section 97-41-17, Mississippi Code of 1972, is amended as follows:
97-41-17. Except as otherwise provided in Section 97-35-47 for the false reporting of a crime, a person, who, in good faith, reports a suspected incident of cruelty to animals or aggravated cruelty to a dog or cat to a local law enforcement agency shall be immune from civil and criminal liability for reporting the incident.
SECTION 11. Section 11-46-9, Mississippi Code of 1972, is amended as follows:
11-46-9. (1) A governmental entity and its employees acting within the course and scope of their employment or duties shall not be liable for any claim:
(a) Arising out of a legislative or judicial action or inaction, or administrative action or inaction of a legislative or judicial nature;
(b) Arising out of any act or omission of an employee of a governmental entity exercising ordinary care in reliance upon, or in the execution or performance of, or in the failure to execute or perform, a statute, ordinance or regulation, whether or not the statute, ordinance or regulation be valid;
(c) Arising out of any act or omission of an employee of a governmental entity engaged in the performance or execution of duties or activities relating to police or fire protection unless the employee acted in reckless disregard of the safety and well-being of any person not engaged in criminal activity at the time of injury;
(d) Based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a governmental entity or employee thereof, whether or not the discretion be abused;
(e) Arising out of an injury caused by adopting or failing to adopt a statute, ordinance or regulation;
(f) Which is limited or barred by the provisions of any other law;
(g) Arising out of the exercise of discretion in determining whether or not to seek or provide the resources necessary for the purchase of equipment, the construction or maintenance of facilities, the hiring of personnel and, in general, the provision of adequate governmental services;
(h) Arising out of the issuance, denial, suspension or revocation of, or the failure or refusal to issue, deny, suspend or revoke any privilege, ticket, pass, permit, license, certificate, approval, order or similar authorization where the governmental entity or its employee is authorized by law to determine whether or not such authorization should be issued, denied, suspended or revoked unless such issuance, denial, suspension or revocation, or failure or refusal thereof, is of a malicious or arbitrary and capricious nature;
(i) Arising out of the assessment or collection of any tax or fee;
(j) Arising out of the detention of any goods or merchandise by any law enforcement officer, unless such detention is of a malicious or arbitrary and capricious nature;
(k) Arising out of the imposition or establishment of a quarantine, whether such quarantine relates to persons or property;
(l) Of any claimant who is an employee of a governmental entity and whose injury is covered by the Workers' Compensation Law of this state by benefits furnished by the governmental entity by which he is employed;
(m) Of any claimant who at the time the claim arises is an inmate of any detention center, jail, workhouse, penal farm, Penitentiary or other such institution, regardless of whether such claimant is or is not an inmate of any detention center, jail, workhouse, penal farm, Penitentiary or other such institution when the claim is filed;
(n) Arising out of any work performed by a person convicted of a crime when the work is performed pursuant to any sentence or order of any court or pursuant to laws of the State of Mississippi authorizing or requiring such work;
(o) Under circumstances where liability has been or is hereafter assumed by the United States, to the extent of such assumption of liability, including, but not limited to, any claim based on activities of the Mississippi National Guard when such claim is cognizable under the National Guard Tort Claims Act of the United States, 32 USCS 715 (32 USCS 715), or when such claim accrues as a result of active federal service or state service at the call of the Governor for quelling riots and civil disturbances;
(p) Arising out of a plan or design for construction or improvements to public property, including, but not limited to, public buildings, highways, roads, streets, bridges, levees, dikes, dams, impoundments, drainage channels, diversion channels, harbors, ports, wharfs or docks, where such plan or design has been approved in advance of the construction or improvement by the legislative body or governing authority of a governmental entity or by some other body or administrative agency, exercising discretion by authority to give such approval, and where such plan or design is in conformity with engineering or design standards in effect at the time of preparation of the plan or design;
(q) Arising out of an injury caused solely by the effect of weather conditions on the use of streets and highways;
(r) Arising out of the lack of adequate personnel or facilities at a state hospital or state corrections facility if reasonable use of available appropriations has been made to provide such personnel or facilities;
(s) Arising out of loss, damage or destruction of property of a patient or inmate of a state institution;
(t) Arising out of any loss of benefits or compensation due under a program of public assistance or public welfare;
(u) Arising out of or resulting from riots, unlawful assemblies, unlawful public demonstrations, mob violence or civil disturbances;
(v) Arising out of an injury caused by a dangerous condition on property of the governmental entity that was not caused by the negligent or other wrongful conduct of an employee of the governmental entity or of which the governmental entity did not have notice, either actual or constructive, and adequate opportunity to protect or warn against; provided, however, that a governmental entity shall not be liable for the failure to warn of a dangerous condition which is obvious to one exercising due care;
(w) Arising out of the absence, condition, malfunction or removal by third parties of any sign, signal, warning device, illumination device, guardrail or median barrier, unless the absence, condition, malfunction or removal is not corrected by the governmental entity responsible for its maintenance within a reasonable time after actual or constructive notice;
(x) Arising out of the administration of corporal punishment or the taking of any action to maintain control and discipline of students, as defined in Section 37-11-57, by a teacher, assistant teacher, principal or assistant principal of a public school district in the state unless the teacher, assistant teacher, principal or assistant principal acted in bad faith or with malicious purpose or in a manner exhibiting a wanton and willful disregard of human rights or safety; or
(y) Arising out of the construction, maintenance or operation of any highway, bridge or roadway project entered into by the Mississippi Transportation Commission or other governmental entity and a company under the provisions of Section 1 or 2 of Senate Bill No. 2375, 2007 Regular Session, where the act or omission occurs during the term of any such contract; and
(z) Arising out of an injury as the result of services rendered or actions taken by a veterinarian, law enforcement officer of a local law enforcement agency, animal control officer or other person authorized to take actions associated with reporting, preventing, investigating or prosecuting crimes against animals under Chapter 41, Title 97, Mississippi Code of 1972.
(2) A governmental entity shall also not be liable for any claim where the governmental entity:
(a) Is inactive and dormant;
(b) Receives no revenue;
(c) Has no employees; and
(d) Owns no property.
(3) If a governmental entity exempt from liability by subsection (2) becomes active, receives income, hires employees or acquires any property, such governmental entity shall no longer be exempt from liability as provided in subsection (2) and shall be subject to the provisions of this chapter.
SECTION 12. This act shall take effect and be in force from and after July 1, 2010.
