Bill Text: MS HB631 | 2021 | Regular Session | Engrossed
Bill Title: Law enforcement; allow off-duty use of official vehicles while performing security services in off-duty hours.
Spectrum: Bipartisan Bill
Status: (Passed) 2021-04-19 - Approved by Governor [HB631 Detail]
Download: Mississippi-2021-HB631-Engrossed.html
MISSISSIPPI LEGISLATURE
2021 Regular Session
To: Judiciary A
By: Representatives Cockerham, Stamps
House Bill 631
(As Passed the House)
AN ACT TO AMEND SECTION 17-25-11, MISSISSIPPI CODE OF 1972, TO ALLOW A CERTIFIED LAW ENFORCEMENT OFFICER OR CERTIFIED PART-TIME LAW ENFORCEMENT OFFICER, WHO IS EMPLOYED BY A COUNTY OR MUNICIPALITY, TO USE HIS OR HER OFFICIAL VEHICLE WHILE PERFORMING PRIVATE SECURITY SERVICES IN OFF-DUTY HOURS; TO PROHIBIT AN EMPLOYING JURISDICTION FROM APPROVING THE USE OF ANY OFFICIAL UNIFORM, WEAPON OR VEHICLE BY PART-TIME LAW ENFORCEMENT OFFICERS IF THE ENTITY FOR WHOM THE OFFICER IS PERFORMING OFF-DUTY SERVICES FAILS TO IDENTIFY OR HOLD HARMLESS THE EMPLOYING JURISDICTION; TO AMEND SECTION 21-19-49, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 17-25-11, Mississippi Code of 1972, is amended as follows:
17-25-11. (1) (a) Certified law enforcement officers or certified part-time law enforcement officers, as defined in Section 45-6-3, who are employed by a county or municipality may wear the official uniform and may utilize the official firearm, and the official vehicle issued by the employing jurisdiction while in the performance of private security services in off-duty hours. The governing authority of a municipality must approve of such use of the uniform and official weapon and vehicle by municipal law enforcement officers by act spread upon the minutes of such board and approved by the chief executive. The sheriff of a county must approve such use of the uniform and official weapon and vehicle by deputy sheriffs. Approval shall be on an employee-by-employee basis and not by general order. Any proceedings regarding application or approval and the minutes regarding same shall be a public record.
(b) If the person or entity, and the person's or entity's insurer, fails or refuses to endorse, indemnify and hold harmless the employing jurisdiction, the employing jurisdiction shall not approve the use of any official uniform, weapon or vehicle of the employing jurisdiction for private security services.
(2) Each governing
board and chief executive or sheriff shall determine before the use of the
official uniform * * *,
weapon and vehicle is approved that the proposed employment is not
likely to bring disrepute to the employing jurisdiction or its law enforcement
agency, the officer at issue, or law enforcement generally, and that the use of
the official uniform * * *,
weapon and vehicle in the discharge of the officer's private security
endeavor promotes the public interest.
(3) Acts and omissions of
an officer in discharge of private security employment shall be deemed to be
the acts and omissions of the person or entity employing the officer for such
private security services, and not the acts and omissions of the jurisdiction
whose uniform * * *,
weapon and vehicle are approved for such private security use. An
employer employing the officer for private security services shall hold
harmless the jurisdiction by which the officer is employed and fully indemnify
the jurisdiction for any expense or loss, including attorney's fees, which
results from any action taken against the jurisdiction arising out of the acts
or omissions of the officer in discharge of private security services while
wearing the official uniform or using the official weapon or vehicle.
Neither the state nor any subdivision thereof shall be liable for acts or
omissions of an officer in the discharge of the private security employment
duties.
(4) Certified police officers performing private jobs during their off-duty hours are required to notify the appropriate law enforcement agency of the place of employment, the hours to be worked, and the type of employment.
(5) The official uniform * * *, weapon and vehicle may be
worn and utilized only at locations which are within the jurisdiction of the
governmental entity whose uniform * * *, weapon and vehicle are
involved.
SECTION 2. Section 21-19-49, Mississippi Code of 1972, is amended 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) (a) 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, which includes vehicles, during such off-duty employment.
(b) If the person or entity, and the person's or entity's insurer, fails or refuses to endorse, indemnify and hold harmless the employing jurisdiction, the employing jurisdiction shall not approve the use of any official uniform, weapon or vehicle of the employing jurisdiction for private security services.
(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 3. This act shall take effect and be in force from and after July 1, 2021.
