House Bill 1394

AN ACT TO AMEND SECTION 45-6-3, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITIONS OF "LAW ENFORCEMENT OFFICER" AND "PART-TIME LAW ENFORCEMENT OFFICER" TO ALLOW PAY TO BE INCREASED ABOVE THE MAXIMUM AMOUNT ALLOWED FOR PART-TIME LAW ENFORCEMENT OFFICERS WHEN THE LOCAL GOVERNING AUTHORITY DETERMINES ON ITS MINUTES THAT NECESSARY CIRCUMSTANCES EXIST TO INCREASE THE PAY TO MAINTAIN AND PROTECT PUBLIC SAFETY DURING THE TIME PERIOD OF SUCH NECESSARY CIRCUMSTANCES; 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, or by the state military department as provided in Section 33-1-33, 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, and includes those district attorney criminal investigators who are designated as law enforcement officers. However, the term "law enforcement officer" shall not mean or include any elected official or any person employed as a legal assistant to a district attorney in this state, compliance agents of the State Board of Pharmacy, or any person or elected official who, subject to approval by the board, provides some criminal justice related services for a law enforcement agency. 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 Two Hundred Fifty Dollars ($250.00) or more per week or One Thousand Seventy-five Dollars ($1,075.00) or more per month, unless such person is a part-time law enforcement officer paid in accordance with a local governing authority's determination on its minutes that necessary circumstances exist to increase the pay of a part-time law enforcement officer or officers to maintain and protect public safety during the time period of such necessary circumstances.

(d) "Part-time law enforcement officer" shall mean any person appointed or employed in a part-time, reserve or auxiliary capacity 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 or the ordinances of any political subdivision thereof. However, the term "part-time law enforcement officer" shall not mean or include any person or elected official who, subject to approval by the board, provides some criminal justice related services for a law enforcement agency. As used in this paragraph, "appointed or employed" means any person who is performing such duties at any time whether or not they receive any compensation for duties as a law enforcement officer provided that such compensation is less than Two Hundred Fifty Dollars ($250.00) per week or One Thousand Seventy-five Dollars ($1,075.00) per month, unless such person is a part-time law enforcement officer paid in accordance with a local governing authority's determination on its minutes that necessary circumstances exist to increase the pay of a part-time law enforcement officer or officers to maintain and protect public safety during the time period of such necessary circumstances.

(e) "Law enforcement trainee" shall mean any person appointed or employed in a full-time, part-time, reserve or auxiliary capacity by the state or any political subdivision thereof for the purposes of completing all the selection and training requirements established by the board to become a law enforcement officer or a part-time law enforcement officer. Such individuals shall not have the authority to use force, bear arms, make arrests or exercise any of the powers of a peace officer unless:

(i) The trainee is under the direct control and supervision of a law enforcement officer;

(ii) The trainee was previously certified under this chapter; or

(iii) The trainee is a certified law enforcement officer in a reciprocating state.

SECTION 2. This act shall take effect and be in force from and after July 1, 2020.