Bill Text: MS SB2451 | 2021 | Regular Session | Introduced


Bill Title: Department of Finance & Administration; may contract with certain counties to take custody of misdemeanor offenders.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2021-02-02 - Died In Committee [SB2451 Detail]

Download: Mississippi-2021-SB2451-Introduced.html

MISSISSIPPI LEGISLATURE

2021 Regular Session

To: Judiciary, Division B

By: Senator(s) Younger

Senate Bill 2451

AN ACT TO AMEND SECTION 29-5-77, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO ENTER INTO A CONTRACT WITH CERTAIN COUNTIES TO TAKE CUSTODY OF MISDEMEANOR OFFENDERS; TO PROVIDE FOR VENUE OF MISDEMEANOR OFFENSES; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 29-5-77, Mississippi Code of 1972, is amended as follows:

     29-5-77.  (1)  The Department of Finance and Administration 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, 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, as approved by the Public Procurement Review Board.  The Department of Finance and Administration shall, through any person or persons appointed by the Department of Finance and Administration, or through the Department of Public Safety when requested by the Department of Finance and Administration, make arrests for any violation of any law of the State of Mississippi on those grounds of or within those properties.  The Department of Finance and Administration shall enforce the provisions of Sections 29-5-57 through 29-5-67, 29-5-71 through 29-5-77, and 29-5-81 through 29-5-95, and prescribe such rules and regulations as are necessary therefor.

     (2)  When in the opinion of the Governor or, in his absence, the Lieutenant Governor, it is readily apparent that an emergency exists that the persons appointed by the Department of Finance and Administration are unable to control in the accomplishment of the provisions of Sections 29-5-57 through 29-5-67, 29-5-71 through 29-5-77, and 29-5-81 through 29-5-95 in regard to law enforcement, then the Governor or, in his absence, the Lieutenant Governor, may call upon the Department of Public Safety, members of which shall have power to arrest and detain any persons violating the provisions of those sections of law, until the person can be brought before the proper authorities for trial.

     (3)  Subject to the approval of the Board of Trustees of State Institutions of Higher Learning, the Board of Trustees and the Department of Finance and Administration shall be authorized to enter into a contract for the Department of Finance and Administration 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.

     (4)  (a)  The Department of Finance and Administration and the Department of Agriculture are authorized to enter into a contract for the Department of Finance and Administration 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 Finance and Administration will not post any security personnel at such buildings, but will provide regular vehicle patrols and responses to security system alarms.

          (b)  The Department of Finance and Administration and the Mississippi Fair Commission are authorized to enter into a contract for the Department of Finance and Administration 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 Finance and Administration and the Mississippi Fair Commission are authorized to enter into a contract for the Department of Finance and Administration 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 Finance and Administration and the  Department of Revenue are authorized to enter into a contract for the Department of Finance and Administration 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 Finance and Administration 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 Finance and Administration shall, through any person or persons appointed by the Department of Finance and Administration, 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 Finance and Administration under this subsection (6) shall be concurrent with the jurisdiction of the City of Jackson, Mississippi, and that of Hinds County, Mississippi.  The jurisdiction and authority of the Department of Finance and Administration 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 Finance and Administration 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.  Venue under this subsection shall be governed by Section 99-11-3.  Further, venue shall be proper in the county where the defendant is in custody.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2021.


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