MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Highways and Transportation

By: Senator(s) Little (By Request)

AN ACT TO AMEND SECTION 27-5-75, MISSISSIPPI CODE OF 1972, TO CLARIFY THE DUTIES AND AUTHORITY OF LAW ENFORCEMENT OFFICERS OF THE DEPARTMENT OF TRANSPORTATION; TO DELETE LANGUAGE RELATING TO THE MANDATORY RETIREMENT OF SUCH OFFICERS; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 27-5-75, Mississippi Code of 1972, is amended as follows:

27-5-75. All duly sworn law enforcement officers of the Department of Transportation shall have the authority, and it shall be their duty, to enforce the provisions of all laws mentioned in Section 27-5-71, and in the performance of their duties such officers shall have the right to bear arms, and shall have the authority to make arrests and hold and impound any vehicle which is being operated in violation of any of the truck weight and/or privilege tax laws administered by the transportation department specified in Section 27-5-71.

All duly sworn law enforcement officers of the Department of Transportation shall wear uniforms furnished by the transportation department while in performance of their official duties, unless otherwise authorized by the Director of the Office of Enforcement of the department.

All duly sworn law enforcement officers of the Department of Transportation shall have the authority (a) to arrest, without warrant, any person committing or attempting to commit a misdemeanor, felony or breach of the peace within his presence or, if a felony and probable cause exists, to pursue and so arrest any person committing the offense in any place in the state where the person may go or be; (b) to aid and assist any peace officer of this state or any other state, if requested, in manhunts or natural disasters within the state; and (c) to exercise other powers of peace officers in the enforcement of truck weight laws or regulations or of a judgment for the violation thereof as are not herein specifically provided. In all cases of arrest without warrant, the person making such arrest must inform the accused of the object and cause of the arrest, except when the accused is in the actual commission of the offense or is arrested on pursuit.

This section does not grant general police powers to law enforcement officers of the Department of Transportation.

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