MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Judiciary, Division B
By: Senator(s) McMahan
AN ACT TO AMEND SECTION 17-25-11, MISSISSIPPI CODE OF 1972, TO AUTHORIZE OFF-DUTY USE OF MUNICIPAL AND COUNTY POLICE VEHICLES BY CERTAIN LAW ENFORCEMENT OFFICERS ENGAGING IN PRIVATE EMPLOYMENT; TO PROVIDE THAT SUCH USE MUST BE APPROVED BY THE LOCAL GOVERNMENTAL ENTITY WHOSE VEHICLE IS INVOLVED; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 17-25-11, Mississippi Code of 1972, is amended as follows:
17-25-11. (1) Certified
law enforcement officers or certified part-time law enforcement officers, as
defined in Section 45-6-3, who are employed by a county or municipality may
wear the official uniform and may utilize the official firearm and vehicle
issued by the employing jurisdiction while in the performance of private
security services in off-duty hours. The governing authority of a municipality
must approve of such use of the uniform * * *, official weapon and municipal
police vehicle by municipal law enforcement officers by act spread upon the
minutes of such board and approved by the chief executive. The sheriff of a
county must approve such use of the uniform * * *, official weapon and county
patrol vehicle by deputy sheriffs. Approval shall be on an employee-by-employee
basis and not by general order. Any proceedings regarding application or
approval and the minutes regarding same shall be a public record.
(2) Each governing
board and chief executive or sheriff shall determine before the use of the
official uniform * * *,
weapon and vehicle is approved that the proposed employment is not
likely to bring disrepute to the employing jurisdiction or its law enforcement
agency, the officer at issue, or law enforcement generally, and that the use of
the official uniform * * *, weapon and vehicle in the discharge of the
officer's private security endeavor promotes the public interest.
(3) Acts and omissions of
an officer in discharge of private security employment shall be deemed to be
the acts and omissions of the person or entity employing the officer for such
private security services, and not the acts and omissions of the jurisdiction
whose uniform * * *, weapon and vehicle are
approved for such private security use. An employer employing the officer for
private security services shall hold harmless the jurisdiction by which the
officer is employed and fully indemnify the jurisdiction for any expense or
loss, including attorney's fees, which results from any action taken against
the jurisdiction arising out of the acts or omissions of the officer in
discharge of private security services while wearing the official uniform or
using the official weapon and vehicle. Neither the state nor any
subdivision thereof shall be liable for acts or omissions of an officer in the
discharge of the private security employment duties.
(4) Certified police officers performing private jobs during their off-duty hours are required to notify the appropriate law enforcement agency of the place of employment, the hours to be worked, and the type of employment.
(5) The official uniform may
be worn and the official weapon and vehicle may be * * * utilized only at locations which are
within the jurisdiction of the governmental entity whose uniform * * *, weapon and vehicle are involved.
SECTION 2. This act shall take effect and be in force from and after July 1, 2020.