MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Judiciary B

By: Representative McElwain

AN ACT TO AMEND SECTION 45-6-3, MISSISSIPPI CODE OF 1972, TO EXCLUDE FROM THE PROVISIONS OF LAW ESTABLISHING LAW ENFORCEMENT STANDARDS AND TRAINING DEPUTY SHERIFFS WHOSE LAW ENFORCEMENT DUTIES ARE RESTRICTED TO ENFORCING WASTE AND LITTER DISPOSAL LAWS; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 45-6-3, Mississippi Code of 1972, is amended as follows:

45-6-3. For the purposes of this chapter, the following words shall have the meanings ascribed herein, unless the context shall otherwise require:

(a) "Commission" means the Criminal Justice Planning Commission.

(b) "Board" means the Board on Law Enforcement Officer Standards and Training.

(c) "Law enforcement officer" means any person appointed or employed full time by the state or any political subdivision thereof, who is duly sworn and vested with authority to bear arms and make arrests, and whose primary responsibility is the prevention and detection of crime, the apprehension of criminals and the enforcement of the criminal and traffic laws of this state and/or the ordinances of any political subdivision thereof. The term "law enforcement officer" also includes employees of the Department of Corrections who are designated as law enforcement officers by the Commissioner of Corrections pursuant to Section 47-5-54. However, the term "law enforcement officer" shall not mean or include any elected official or any person employed as an assistant to or investigator for a district attorney in this state, * * * compliance agents of the State Board of Pharmacy or any deputy sheriff whose law enforcement duties are restricted by the terms of his employment to the patrolling of county waste disposal sites and containers and the enforcement of waste and litter disposal laws. As used in this paragraph "appointed or employed full time" means any person who is receiving gross compensation for his duties as a law enforcement officer of One Hundred Twenty-five Dollars ($125.00) or more per week or Five Hundred Dollars ($500.00) or more per month.

SECTION 2. This act shall take effect and be in force from and after its passage.