MISSISSIPPI LEGISLATURE

2021 Regular Session

To: Accountability, Efficiency, Transparency

By: Representative Yancey

House Bill 625

AN ACT TO AMEND SECTION 45-9-131, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A MUNICIPALITY OR COUNTY TO PROVIDE A RETIRED LAW ENFORCEMENT OFFICER OR HIS OR HER SPOUSE, IF SUCH OFFICER IS KILLED IN THE LINE OF DUTY, THE SIDEARM WORN BY THE OFFICER; TO BRING FORWARD SECTION 45-9-133, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES RETENTION OF SIDEARMS TO CERTAIN PERSONS EMPLOYED BY THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION, FOR PURPOSES OF AMENDMENT; TO BRING FORWARD SECTION 45-3-51, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES RETENTION OF SIDEARMS FOR CERTAIN PERSONS EMPLOYED BY THE MISSISSIPPI HIGHWAY SAFETY PATROL OR AGENT OF THE MISSISSIPPI BUREAU OF NARCOTICS FOR PURPOSES OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTION 25-31-43, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES RETENTION OF SIDEARMS FOR ANY DISTRICT ATTORNEY, LEGAL ASSISTANT TO A DISTRICT ATTORNEY OR CRIMINAL INVESTIGATOR EMPLOYED BY A DISTRICT ATTORNEY WHO RETIRES UNDER THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM, FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 45-9-131, Mississippi Code of 1972, is amended as follows:

     45-9-131.  (1)  Upon approval of the governing authority of the municipality or county, a member of any municipal or county law enforcement agency who retires under any state retirement system or the spouse of a law enforcement officer who is killed in the line of duty may be allowed to * * *purchase as retain, as his or her personal property, one (1) sidearm which was issued to the law enforcement officer by the law enforcement agency from which he or she retired or by whom he or she was employed at the time of death, if funds are available for such purpose.  * * *The governing authority of the municipality or county shall determine the amount to be paid for the firearm by the retiring member of the law enforcement agency or the spouse of the law enforcement officer.

     (2)  Each person employed as a law enforcement officer by a state agency that is not otherwise specifically authorized by statute to provide retention of a firearm, who retires for superannuation or for reason of disability under the Public Employees' Retirement System or is the spouse of a law enforcement officer who was employed by a state agency and was killed in the line of duty shall be allowed to retain, as personal property, one (1) sidearm which was issued to such law enforcement officer.

     SECTION 2.  Section 45-9-133, Mississippi Code of 1972, is brought forward as follows:

     45-9-133.  Each person employed as a law enforcement officer by the Mississippi Department of Transportation who retires for superannuation or for reason of disability under the Public Employees' Retirement System shall be allowed to retain as his personal property, one (1) sidearm which was issued to such law enforcement officer.

     SECTION 3.  Section 45-3-51, Mississippi Code of 1972, is brought forward as follows:

     45-3-51.  Each member of the Mississippi Highway Safety Patrol or agent of the Mississippi Bureau of Narcotics who retires under the Highway Safety Patrol Retirement System or the Public Employees' Retirement System, for superannuation or for reason of disability or a beneficiary of such member of the Highway Safety Patrol or agent of the Mississippi Bureau of Narcotics who is killed in the line of duty shall be allowed to retain, as his personal property, one (1) sidearm which was issued under authority of Section 45-3-19 or 41-29-159.  Likewise, a beneficiary of any law enforcement officer killed in the line of duty shall be allowed to retain the officer's sidearm.

     SECTION 4.  Section 25-31-43, Mississippi Code of 1972, is brought forward as follows:

     25-31-43.  Any district attorney, legal assistant to a district attorney or criminal investigator employed by a district attorney who retires under the Public Employees' Retirement System for superannuation or for reason of disability shall be allowed to retain, as his personal property, one (1) sidearm which was issued under authority of Section 97-37-7.  The replacement cost of the sidearm shall come from funds appropriated to the district attorney other than those funds appropriated from State General Funds.

     SECTION 5.  This act shall take effect and be in force from and after July 1, 2021.