MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Judiciary

By: Senator(s) Bean, Farris

AN ACT TO AMEND SECTIONS 21-21-35 AND 19-25-23, MISSISSIPPI CODE OF 1972, TO ALLOW MUNICIPALITIES AND SHERIFFS TO LOAN OFFICERS TO ANY OTHER LAW ENFORCEMENT AGENCY FOR DRUG ENFORCEMENT PURPOSES; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 21-21-35, Mississippi Code of 1972, is amended as follows:

21-21-35. Any municipality shall have the power by resolution or order of its governing body to make provision for or to authorize its major or chief administrative officer or chief of police to make provision for its regularly employed law enforcement officers to assist any other municipality, when in the opinion of the mayor or other officer authorized to declare a state of civil emergency in such other municipality, there exists in such other municipality a need for the services of additional law enforcement officers to protect the health, life and property of such other municipality, its inhabitants, and the visitors thereto, by reason of riot, unlawful assembly characterized by the use of force and violence, or threat thereof by three (3) or more persons acting together or without lawful authority, or during time of natural disaster or man-made calamity.

Any municipality shall have the power to send law enforcement officers of its municipality on loan to assist other municipalities in the state in undercover work or as a special agent to combat crime. The chief administrative officer or chief of police of a municipality shall have the power to assist other chief administrative officers or chiefs of police upon a written or oral request from such municipalities; provided, however, that an oral request must be followed by a written authorization. In addition, any municipality may loan any law enforcement officer to any other law enforcement agency of the state for drug enforcement purposes, the expense of the officer to be paid by the agency to which the officer is assigned.

SECTION 2. Section 19-25-23, Mississippi Code of 1972, is amended as follows:

19-25-23. Each sheriff shall maintain and cause to be paid a sufficient number of regular deputies, properly trained and adequately equipped, to insure the domestic tranquility within his county. In addition thereto, each sheriff may maintain an adequate number of properly trained auxiliary deputy sheriffs to be equipped, trained and paid from the general county fund. The number of said auxiliary deputies shall be approved by the board of supervisors and may be increased or reduced from time to time by said board. All regular and auxiliary deputies may serve in any other county of the state when requested by the sheriff of such county to preserve law and order therein, the expense thereof to be paid by the county in which they serve. The request shall be made to the sheriff of the county in which said deputies are located and said deputies shall remain under the control of said sheriff except to the extent delegated by said sheriff to the sheriff of the requesting county. In addition, any sheriff may loan any regular or auxiliary deputy to any law enforcement agency of the state for drug enforcement purposes, the expense of the officer to be paid by the agency to which the officer is assigned.

SECTION 3. This act shall take effect and be in force from and after its passage.