Bill Text: MS SB2434 | 2021 | Regular Session | Comm Sub
Bill Title: Department of Public Safety; authorize contract with counties for custody of certain offenders.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2021-04-09 - Approved by Governor [SB2434 Detail]
Download: Mississippi-2021-SB2434-Comm_Sub.html
MISSISSIPPI LEGISLATURE
2021 Regular Session
To: Judiciary, Division A
By: Senator(s) Wiggins
Senate Bill 2434
(COMMITTEE SUBSTITUTE)
AN ACT TO CODIFY A NEW SECTION WITHIN CHAPTER 1, TITLE 45, MISSISSIPPI CODE OF 1972, TO TRANSFER THE OFFICE OF CAPITOL POLICE FROM THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTIONS 45-1-2, 25-1-87 AND 29-5-69, MISSISSIPPI CODE OF 1972, TO CONFORM; TO REPEAL SECTION 29-5-77, MISSISSIPPI CODE OF 1972, WHICH PROVIDES JURISDICTION TO THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO ENFORCE THE LAWS OF MISSISSIPPI WITHIN THE CAPITOL COMPLEX; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The department, through the Office of Capitol Police, shall have jurisdiction relative to the enforcement of all laws of the State of Mississippi on the properties, from curb to curb, including adjoining streets, sidewalks and leased parking lots within the Capitol Complex, as set forth in Section 29-5-2, the Court of Appeals Building, the Mississippi Department of Transportation Building and the Public Employees' Retirement System Building, and any property purchased, constructed or otherwise acquired by the State of Mississippi for conducting state business and not specifically under the supervision and care by any other state entity, but which is reasonably assumed the department would be responsible for such. The department shall, through any person or persons appointed by the commissioner, make arrests for any violation of any law of the State of Mississippi on the grounds of or within those properties. The department shall, in addition, enforce the provisions of this section and Sections 29-5-57 through 29-5-67, 29-5-73 through 29-5-75, and 29-5-81 through 29-5-95, and prescribe such rules and regulations as are necessary therefor. The powers and duties related to the administration of Sections 29-5-57 through 29-5-67, 29-5-73 through 29-5-75, and 29-5-81 through 29-5-95 shall remain with the Department of Finance and Administration.
(2) Subject to the approval of the Board of Trustees of State Institutions of Higher Learning, the Board of Trustees and the Department of Public Safety shall be authorized to enter into a contract for the Department of Public Safety to supply the security personnel with jurisdiction to enforce all laws of the State of Mississippi on the property of the Board of Trustees located at the corner of Ridgewood Road and Lakeland Drive in the City of Jackson.
(3) The Department of Public Safety and the Department of Agriculture are authorized to enter into a contract for the Department of Public Safety to have jurisdiction and enforce all laws of the State of Mississippi on the property of the Department of Agriculture located at 121 North Jefferson Street and the new Farmer's Market Building located at the corner of High and Jefferson Streets in the City of Jackson, Hinds County, Mississippi. It is the intent of the Legislature that the Department of Public Safety will not post any security personnel at such buildings, but will provide regular vehicle patrols and responses to security system alarms.
(4) The Department of Public Safety and the Mississippi Fair Commission are authorized to enter into a contract for the Department of Public Safety to have jurisdiction and enforce all laws of the State of Mississippi on the property of the Mississippi Fair Commission known as the "Mississippi State Fairgrounds Complex" and any and all of its outlying buildings and property. The Department of Public Safety and the Mississippi Fair Commission are authorized to enter into a contract for the Department of Public Safety to supply the security personnel to the Mississippi Fair Commission with jurisdiction to enforce all laws of the State of Mississippi on this property and any and all buildings on this property.
(5) The Department of Public Safety and the Department of Revenue are authorized to enter into a contract for the Department of Public Safety to supply the security personnel with jurisdiction to enforce all laws of the State of Mississippi at the Alcoholic Beverage Control facility and the Department of Revenue main office.
(6) The Department of Public Safety shall have jurisdiction relative to the enforcement of all laws of the State of Mississippi within the boundaries of the Capitol Complex Improvement District created in Section 29-5-203. The Department of Public Safety shall, through any person or persons appointed by the Department of Public Safety, make arrests for any violation of any law of the State of Mississippi which occurs within the boundaries of the district. The jurisdiction of the Department of Public Safety under this subsection (6) shall be concurrent with the jurisdiction of the City of Jackson, Mississippi, and that of Hinds County, Mississippi. At any time and/or during any event necessitating the coordination of and/or utilization of multiple jurisdictions, the Department of Public Safety shall be the lead agency when said event occurs on property as defined herein. The jurisdiction and authority of the Department of Public Safety under this subsection (6) shall be in addition to any other jurisdiction and authority provided to the department under this section or any other law.
(7) The Department of Public Safety is authorized to enter into a contract with either Madison or Rankin County for the county to take custody of the misdemeanor offenders arrested under the authority granted under this section. In addition to any other venue provided for by law, venue shall be proper in the county where the defendant is in custody pursuant to this subsection (7).
SECTION 2. Section 45-1-2, Mississippi Code of 1972, is amended as follows:
45-1-2. (1) The Executive Director of the Department of Public Safety shall be the Commissioner of Public Safety.
(2) The Commissioner of Public Safety shall establish the organizational structure of the Department of Public Safety, which shall include the creation of any units necessary to implement the duties assigned to the department and consistent with specific requirements of law including, but not limited to:
(a) Office of Public Safety Planning;
(b) Office of Mississippi Highway Safety Patrol;
(c) Office of Forensics Laboratories, which includes the Office of the Medical Examiner;
(d) Office of Law Enforcement Officers' Training Academy;
(e) Office of Support Services;
(f) Office of
Narcotics, which shall be known as the Bureau of Narcotics; * * *
(g) Office of Homeland
Security * * *;
and
(h) Office of Capitol Police.
(3) The department shall be headed by a commissioner, who shall be appointed by and serve at the pleasure of the Governor. The appointment of the commissioner shall be made with the advice and consent of the Senate. The commissioner may assign to the appropriate offices such powers and duties as deemed appropriate to carry out the department's lawful functions.
(4) The commissioner * * * shall appoint heads of
offices, who shall serve at the pleasure of the commissioner. The commissioner
shall have the authority to organize the offices established by subsection (2) of
this section as deemed appropriate to carry out the responsibilities of the
department. The organization charts of the department shall be presented
annually with the budget request of the Governor for review by the Legislature.
(5) The commissioner * * * shall appoint, from within
the Department of Public Safety, a statewide safety training officer who shall
serve at the pleasure of the commissioner and whose duty it shall be to perform
public training for both law enforcement and private persons throughout the
state concerning proper emergency response to the mentally ill, terroristic
threats or acts, domestic conflict, other conflict resolution, and such other
matters as the commissioner may direct.
(6) The commissioner * * * shall establish within the
Office of Homeland Security a Mississippi Analysis and Information Center
(MSAIC Fusion Center) which shall be the highest priority for the allocation of
available federal resources for statewide information sharing, including the
deployment of personnel and connectivity with federal data systems. Subject to
appropriation therefor, the Mississippi Fusion Center shall employ three (3)
regional analysts dedicated to analyzing and resolving potential threats
identified by the agency's statewide social media intelligence platform and the
dissemination of school safety information.
SECTION 3. Section 25-1-87, Mississippi Code of 1972, is amended as follows:
25-1-87. All motor vehicles
owned or leased by the State of Mississippi or any agency, department or
political subdivision thereof, which shall include counties and municipalities,
when such agency or department or political subdivision, which shall include
counties and municipalities, is supported wholly or in part by public taxes or
by appropriations from public funds, shall have painted on both sides in
letters at least three (3) inches in height, and on the rear in letters not
less than one and one-half (1-1/2) inches in height, the name of the state
agency or department, or political subdivision, which shall include counties
and municipalities, in a color which is in contrast with the color of the
vehicle; provided, however, that a permanent decal may be used in lieu of
paint, and provided further, that any municipality may affix a permanent decal
or design at least twelve (12) inches in height and twelve (12) inches in width
on both sides of the vehicle with the name of the municipality within or across
the permanent decal or design, and the permanent design or decal shall be in a
color or colors which are in contrast with the color of the vehicle. No
privilege license tag shall be issued for such vehicle until the name has been
painted thereon or a permanent design or decal affixed thereto as required by
this section. A permanent decal may be used in lieu of paint. The provisions
of this paragraph shall not apply to vehicles used by the Chief Executive of
the State of Mississippi, to vehicles owned or leased by the Department of
Economic and Community Development, to vehicles owned or leased by the Office
of the Attorney General, to not more than one (1) vehicle owned or leased by
the Department of * * * Public Safety for use by the
Capitol Police, to vehicles owned or leased by the Mississippi State Board of
Medical Licensure and used only by the Investigative Division of the board, to
one (1) vehicle owned or leased by the Executive Director of the Department of
Mental Health, to not more than one (1) vehicle owned or leased by the Mississippi
Division of Medicaid, to one (1) vehicle owned or leased by the State
Department of Rehabilitation Services, to one (1) vehicle owned or leased by
the Mississippi Department of Transportation, to one (1) vehicle owned or
leased by the Commissioner of the Mississippi Department of Corrections, to not
more than three (3) vehicles owned or leased by the Department of Corrections
and used only by Community Services Division officers, to not more than one (1)
vehicle owned or leased by the Mississippi Department of Transportation and
used only by an investigator employed by the Mississippi Department of
Transportation, to not more than two (2) vehicles owned or leased by the
Mississippi Department of Marine Resources, or to not more than one (1) vehicle
owned or leased by the * * * Department of Revenue; and
upon receipt of a written request from the State Adjutant General, the
Commissioner of Public Safety, the Director of the Alcoholic Beverage Control
Division of the * * * Department of Revenue, the
Executive Director of the Mississippi Department of Wildlife, Fisheries and
Parks, the Director of the Bureau of Narcotics, the Executive Officer of the
Board of Pharmacy, the Executive Director of the Mississippi Gaming Commission,
the State Auditor or a president or chancellor of a state institution of higher
learning, the Governor may authorize the use of specified unmarked vehicles
only in instances where such identifying marks will hinder official
investigations, and the governing authorities of any municipality may authorize
the use of specified, unmarked police vehicles when identifying marks would
hinder official criminal investigations by the police. The written request or
the order or resolution authorizing such shall contain the manufacturer's
serial number, the state inventory number, where applicable, and shall set
forth why the vehicle should be exempt from the provisions of this paragraph.
In the event the request is granted, the Governor shall furnish the State
Department of Audit with a copy of his written authority for the use of the
unmarked vehicles, or the governing authority, as the case may be, shall enter
its order or resolution on the minutes and shall furnish the State Department
of Audit with a certified copy of its order or resolution for the use of the
unmarked police vehicle. The state property auditors of the State Department
of Audit shall personally examine vehicles owned or leased by the State of
Mississippi or any agency, department or commission thereof and report
violations of the provisions of this paragraph to the State Auditor and the
Chairman of the Joint Legislative Committee on Performance Evaluation and
Expenditure Review. Any vehicle found to be in violation of this paragraph
shall be reported immediately to the department head charged with such vehicle,
and five (5) days shall be given for compliance; and if not complied with, such
vehicles shall be impounded by the State Auditor until properly marked or
exempted.
Upon notification to the * * * Department of Revenue
by the State Auditor that any municipality or political subdivision is not in
compliance with this section, the * * * Department of Revenue
shall withhold any sales tax due for distribution to any such municipality and
any excise tax on gasoline, diesel fuel, kerosene and oil due any such county
and for any months thereafter, and shall continue to withhold such funds until
compliance with this section is certified to the * * * Department of Revenue
by the State Department of Audit.
County-owned motor vehicles operated by the sheriff's department shall not be subject to the provisions of this section, but shall be subject to the provisions of Section 19-25-15. County-owned motor vehicles operated by a family court established pursuant to Section 43-23-1 et seq., shall not be subject to the provisions of this section.
State-owned or leased motor vehicles operated by the Department of Mental Health or by facilities operated by the Department of Mental Health and used for transporting patients living in group homes or alternative living arrangements shall not be subject to the provisions of this section.
Up to four (4) passenger automobiles owned or leased by economic development districts or economic development authorities shall not be subject to the provisions of this section.
State-owned or leased motor vehicles operated by the Agricultural and Livestock Theft Bureau of the Department of Agriculture and Commerce and used to investigate livestock theft shall not be subject to the provisions of this section.
Up to three (3) motor vehicles owned or leased by the Pascagoula Municipal Separate School District for use by district security officers shall not be subject to the provisions of this section.
Up to three (3) motor vehicles owned or leased by the Department of Human Services for use only by the Program Integrity Division and the executive director shall not be subject to the provisions of this section.
Up to three (3) motor vehicles owned or leased by the Department of Insurance for use by the State Fire Marshal's Office shall not be subject to the provisions of this section.
The motor vehicles of a public airport shall not be subject to the provisions of this section upon a finding by the governing authority of such airport that marking a motor vehicle as required in this section will compromise security at such airport.
SECTION 4. Section 29-5-69, Mississippi Code of 1972, is amended as follows:
29-5-69. During the period each year when the Legislature is in session, all parking spaces adjacent to the Capitol grounds on the west side of President Street and on both sides of High Street shall be reserved for the use of Capitol employees. The Office of General Services is instructed to place signs to that effect on said streets during legislative sessions.
All employees in the Capitol who own automobiles shall be provided with distinctive stickers. Each such employee shall place the sticker in a prominent place on the rear of the automobile owned and regularly used by such employee.
Any person without a sticker on his automobile who parks in any space reserved in the first paragraph of this section shall be guilty of a misdemeanor and shall, upon conviction, be fined not to exceed Twenty-five Dollars ($25.00).
Any person who is not a Capitol employee who has on his automobile a Capitol parking sticker or any Capitol employee who gives his parking sticker to a non-Capitol employee to use on such person's car, shall be guilty of a misdemeanor and shall, upon conviction, be fined One Hundred Dollars ($100.00).
The Office of Capitol
Police * * * within the Department of Public Safety
shall have the authority and are directed to enforce the provisions of this
section.
SECTION 5. Section 1 of this act shall be codified in Chapter 1, Title 45, Mississippi Code of 1972.
SECTION 6. Section 29-5-77, Mississippi Code of 1972, which provides jurisdiction to the Department of Finance and Administration to enforce the laws of Mississippi within the Capitol Complex, is repealed.
SECTION 7. This act shall take effect and be in force from and after May 1, 2021.
