Senate Bill 2764

AN ACT TO CREATE A NEW SECTION IN TITLE 63, CHAPTER 21, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR ISSUANCE BY THE DEPARTMENT OF REVENUE, THROUGH THE COUNTY TAX COLLECTORS, OF SPECIAL DECALS TO BE PLACED ON THE LICENSE PLATES OF APPLICANTS WITH HEALTH CONDITIONS OR DISABILITIES LIMITING OR IMPAIRING EFFECTIVE COMMUNICATION WITH LAW ENFORCEMENT; TO REQUIRE THAT THE INITIAL APPLICATION AND THE APPLICATION FOR RENEWAL BE ACCOMPANIED BY THE CERTIFICATION OF A MISSISSIPPI LICENSED PHYSICIAN OR PSYCHOLOGIST INDICATING THAT THE APPLICANT, OR THE APPLICANT'S CHILD, PARENT OR SPOUSE, HAS A PHYSICAL OR MENTAL HEALTH CONDITION IMPAIRING THE ABILITY TO EFFECTIVELY COMMUNICATE WITH LAW ENFORCEMENT, AND THAT THE PHYSICIAN OR PSYCHOLOGIST HAS DETERMINED THAT THE COMMUNICATION IMPAIRMENT WILL LAST FOR AT LEAST FIVE YEARS; TO PROVIDE FOR THE CONFIDENTIALITY OF THE INFORMATION SUPPLIED BY THE APPLICANT TO THE DEPARTMENT OF REVENUE; TO CREATE A NEW SECTION IN TITLE 45, CHAPTER 6, MISSISSIPPI CODE OF 1972, TO DIRECT THE BOARD ON LAW ENFORCEMENT OFFICER STANDARDS AND TRAINING TO PROMULGATE REGULATIONS REQUIRING EDUCATION AND TRAINING COMPONENTS ON MENTAL HEALTH AND BEHAVIORAL ISSUES TO ASSIST LAW ENFORCEMENT OFFICERS IN RECOGNIZING HEALTH CONDITIONS OR DISABILITIES THAT MAY IMPEDE EFFECTIVE COMMUNICATION; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) Upon application by any legal resident of the State of Mississippi with a health condition or disability which limits or impairs the ability to effectively communicate with law enforcement, the department shall prepare and issue through the county tax collectors a special decal that is to be placed on license plates bearing that indication for not more than two (2) vehicles that are registered in the applicant's name.

(2) The initial application shall be accompanied by the certification of a Mississippi licensed physician or Mississippi licensed psychologist that will prescribe that (i) the applicant or the applicant's child, parent or spouse has a physical or mental health condition that will impair the ability to effectively communicate with law enforcement; and (ii) the physician or psychologist has determined that the applicant or the applicant's child, parent or spouse will have the communication impairment for at least five (5) years. The department shall prepare and issue to the tax collectors of the various counties, decals for placement on license plates.

(3) A person to whom the special decal is issued may retain the special decal and may renew it on the issuance of a new license plate by submitting to the county tax collector, on or before its expiration, the certification of a Mississippi licensed physician or Mississippi licensed psychologist that will prescribe that (i) the applicant or the applicant's child, parent or spouse has a physical or mental health condition that will impair the ability to effectively communicate with law enforcement; and (ii) the physician or psychologist has determined that the applicant or the applicant's child, parent or spouse will have the communication impairment for at least five (5) years.

(4) Information supplied to the department is for confidential use and may not be disclosed to any person.

SECTION 2. The Board on Law Enforcement Officer Standards and Training shall promulgate regulations to require education and training components on mental health and behavioral issues to consist of not less than six (6) hours in the initial law enforcement officer certification program and not less than one (1) hour in any required continuing education program for law enforcement officers. The behavioral component will train officers to recognize behavioral characteristics that distinguish conditions such as autism, Asperger's syndrome, or any other mental or medical condition that may present with atypical developmental symptoms which could be perceived by an untrained person as suspicious and which could impede effective communication with a law enforcement officer.

SECTION 3. Section 1 of this act shall be codified in Title 63, Chapter 21, Mississippi Code of 1972. Section 2 of this act shall be codified in Title 45, Chapter 6, Mississippi Code of 1972.

SECTION 4. This act shall take effect and be in force from and after July 1, 2020.