MISSISSIPPI LEGISLATURE

2007 Regular Session

To: Universities and Colleges; Judiciary, Division B

By: Senator(s) King

Senate Bill 3015

AN ACT TO AMEND SECTIONS 37-105-3 AND 37-29-275, MISSISSIPPI CODE OF 1972, TO EXPEND THE JURISDICTION OF LAW ENFORCEMENT OFFICERS EMPLOYED AND DESIGNATED BY A STATE UNIVERSITY OR PUBLIC COMMUNITY/JUNIOR COLLEGE TO INCLUDE THE AREA WITHIN 500 FEET OF UNIVERSITY OR COLLEGE PROPERTY; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 37-105-3, Mississippi Code of 1972, is amended as follows:

     37-105-3.  The traffic officers duly appointed by the president of any state institution of higher learning, or any peace officer or highway patrolman of this state, are vested with the powers and authority to perform all duties incident to enforcing such rules and regulations as may be enacted under the authority granted in Section 37-105-1, including the arrest of violators.  The peace officers duly appointed by the state institution of higher learning is also vested with the powers and subjected to the duties of a constable for the purpose of preventing all violations of law that occur within five hundred (500) feet of any property owned by the university, if reasonably determined to have a possible impact on the safety of students, faculty or staff of the university while on said property.  Provided, however, that nothing in this section shall be interpreted to require action by any such peace officer appointed by the university to events occurring outside the boundaries of university property, nor shall any such university or its employees be liable for any failure to act to any event occurring outside the boundaries of property owned by the university.  The university may enter into an interlocal agreement with other law enforcement entities for the provision of equipment or traffic control duties, however, the duty to enforce traffic regulations and to enforce the laws of the state or municipality off of university property lies with the local police or sheriff's department which cannot withhold its services solely because of the lack of such an agreement.

     SECTION 2.  Section 37-29-275, Mississippi Code of 1972, is amended as follows:

     37-29-275.  Any act, which, if committed within the limits of a city, town or village, or in any public place, would be a violation of the general laws of this state, shall be criminal and punishable if done on the campus, grounds or roads of any of the state-supported junior colleges.  The peace officers duly appointed by the board of trustees of state-supported community or junior colleges or officers of private security firms licensed by the State of Mississippi contracted by the boards of trustees of state supported community/junior colleges are vested with the powers and subjected to the duties of a constable for the purpose of preventing and punishing all violations of law on state-supported junior college grounds and for preserving order and decorum thereon.  Peace officers appointed by the boards of trustees or officers of private security firms licensed by the State of Mississippi contracted by the boards of trustees shall have authority to bear arms in order to carry out their law enforcement responsibilities if such officers have been certified according to the minimum standards established by the Board on Law Enforcement Officer Standards and Training.  The peace officers duly appointed by the boards of trustees of public community/junior colleges are also vested with the powers and subjected to the duties of a constable for the purpose of preventing all violations of law that occur within five hundred (500) feet of any property owned by the college, if reasonably determined to have a possible impact on the safety of students, faculty or staff of the college while on said property.  Provided, however, that nothing in this section shall be interpreted to require action by any such peace officer appointed by a college to events occurring outside the boundaries of college property, nor shall any such college or its employees be liable for any failure to act to any event occurring outside the boundaries of property owned by the college.  If a law enforcement officer is duly appointed to be a peace officer by a college under this section, the board of trustees of the public community/junior college may enter into an interlocal agreement with other law enforcement entities for the provision of equipment or traffic control duties, however, the duty to enforce traffic regulations and to enforce the laws of the state or municipality off of college property lies with the local police or sheriff's department which cannot withhold its services solely because of the lack of such an agreement.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2007.