Bill Text: MS HB567 | 2013 | Regular Session | Introduced
Bill Title: School security guards; require school districts to employ for each school.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2013-02-05 - Died In Committee [HB567 Detail]
Download: Mississippi-2013-HB567-Introduced.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Education; Appropriations
By: Representative Lott
House Bill 567
AN ACT TO AMEND SECTION 37-7-321, MISSISSIPPI CODE OF 1972, TO REQUIRE SCHOOL DISTRICTS TO EMPLOY ONE OR MORE SECURITY GUARDS FOR EACH SCHOOL; TO AMEND SECTION 37-7-323, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY PERSON EMPLOYED DIRECTLY BY A SCHOOL DISTRICT AS SECURITY PERSONNEL IS ENTITLED TO THE SAME QUALIFIED IMMUNITY GRANTED OTHER LAW ENFORCEMENT OFFICERS; TO BRING FORWARD SECTION 21-19-49, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES OFF-DUTY LAW ENFORCEMENT OFFICERS TO USE PUBLIC UNIFORMS AND EQUIPMENT FOR SCHOOL SECURITY PURPOSES, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-7-321, Mississippi Code of 1972, is amended as follows:
37-7-321. (1) The school
board of * * * each
school district * * * shall employ
one or more persons as security personnel * * * for each school within the district.
The school board shall designate such persons as peace officers in or on
any property operated for school purposes by such board upon their taking such
oath and making such bond as required of a constable of the county in which the
school district is situated.
(2) (a) In order to be eligible for employment, an applicant for a position as a security guard with a school district must possess a minimum level of basic law enforcement training, as jointly determined and prescribed by the Board on Law Enforcement Officer Standards and Training and the State Board of Education.
(b) Any person
employed by a school board as a * * * school resource officer or in
any * * * position
that has the powers of a peace officer, other than a security guard,
must receive a minimum level of basic law enforcement training, as jointly
determined and prescribed by the Board on Law Enforcement Officer Standards and
Training and the State Board of Education, within two (2) years of the person's
initial employment in such position. Upon the failure of any person employed
in such position to receive the required training within the designated time,
the person may not exercise the powers of a peace officer in or on the property
of the school district.
(3) The school board is authorized and empowered, in its discretion, and subject to the approval of the Federal Communications Commission, to install and operate a noncommercial radio broadcasting and transmission station for educational and vocational educational purposes.
(4) If a law enforcement
officer is duly appointed to be a peace officer by a school district under this
section, the local school board may enter into an interlocal agreement with
other law enforcement entities for the provision of equipment or traffic
control duties * * *;
however, the duty to enforce traffic regulations and to enforce the laws of the
state or municipality off of school property lies with the local police or
sheriff's department, which cannot withhold its services solely because
of the lack of such an agreement.
SECTION 2. Section 37-7-323, Mississippi Code of 1972, is amended as follows:
37-7-323. (1) Any act which, if committed within the limits of a city, town or village, or in any public place, would be a violation of the general laws of this state, shall be criminal and punishable if done on the campus, grounds or roads of any of the public schools of this state. The peace officers duly appointed by the school board of any school district are vested with the powers and subjected to the duties of a constable for the purpose of preventing all violations of law on school property within the district, and for preserving order and decorum thereon. The peace officers duly appointed by the school board of any school district are also vested with the powers and subjected to the duties of a constable for the purpose of preventing all violations of law that occur within five hundred (500) feet of any property owned by the school district, if reasonably determined to have a possible impact on the safety of students, faculty or staff of the school district while on said property. Provided, however, that nothing in this section shall be interpreted to require action by any such peace officer appointed by a school district to events occurring outside the boundaries of school property, nor shall any such school district or its employees be liable for any failure to act to any event occurring outside the boundaries of property owned by the school district.
(2) In accordance with subsection (1), any person designated a peace officer by the school board of a school district is vested with the powers and subjected to the duties of a constable. Any person designated a peace officer by the school board who is an actual employee of the school district and not an independent contractor or employee of an entity engaged in the business of providing security services shall be deemed a law enforcement officer while acting within the scope of his employment as a peace officer for the school district, and as such, is entitled to the same qualified immunity from state or federal claims, or both, granted other law enforcement officers employed by a governmental entity in the State of Mississippi.
SECTION 3. Section 21-19-49, Mississippi Code of 1972, is brought forward as follows:
21-19-49. (1) The governing authority of any municipality or the board of supervisors of any county are hereby authorized and empowered to appropriate money or dedicate and convey municipally-owned buildings and property or county-owned buildings and property, as the case may be, to the school district or districts situated within that municipality or county for the purpose of erecting, purchasing or otherwise providing the school building or a site for such school building of such school district, in cases where the governing authority or board of supervisors are of the opinion that the location of such school building within the corporate limits of the municipality or the county, or in close proximity thereto, will be of special benefit to the inhabitants of the municipality or county.
(2) Municipalities, municipal police departments and the sheriffs' departments may contract with the school board of any school district to provide additional Law Enforcement Officers Training Academy-certified police protection to said school district on such terms and for such reimbursement as the school district and the entity may agree in their discretion.
(3) The governing authority of any municipality or the board of supervisors of any county may allow off-duty municipal or county law enforcement officers who are hired individually for security purposes by the school district or districts within that municipality or county to use municipal or county law enforcement uniforms and equipment during such off-duty employment.
(4) The governing authority of any municipality, in its discretion, may donate funds, equipment or in-kind services to any school district located within the boundaries of the municipality to assist the voluntary character development or public service programs of that school district.
SECTION 4. This act shall take effect and be in force from and after July 1, 2013.
