MISSISSIPPI LEGISLATURE

2021 Regular Session

To: Judiciary, Division B

By: Senator(s) Fillingane, McMahan

Senate Bill 2106

(COMMITTEE SUBSTITUTE)

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 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 the official 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 * * * and, official weapon and 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 * * * and, official weapon and 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 * * * and, 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 * * * and, weapon and vehicle in the discharge of the officer's private security endeavor promotes the public interest.

     (3)  (a)  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 who hires or enters into any independent contractual service agreement with an officer for * * * such the private security services, and not the acts and omissions of the employing jurisdiction whose uniform * * * and, weapon and vehicle are approved for * * * such the private security use. * * *  An employer employing

(b)  The person or entity, and the person's or entity's insurer, who hires or enters into any independent contractual service agreement with an officer for private security services shall:

(i)  Hold harmless the employing jurisdiction * * * by which the officer is employed and fully indemnify the employing jurisdiction for any expense or loss, including attorney's fees and any damage to the official uniform, weapon and vehicle, which results from any action taken against the employing 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 * * *. or vehicle; and

(ii)  Name the employing jurisdiction as a named insured on its general liability and automobile liability policies for at least the amount of recovery provided for in Section 11-46-15.

(c)  If the person or entity, and the person's or entity's insurer, fails or refuses to endorse, indemnify and hold harmless the employing jurisdiction, the employing jurisdiction shall not approve the use of any official uniform, weapon or vehicle of the employing jurisdiction for private security services.

(d)  Neither the state nor any subdivision thereof shall be liable for a claim or injury arising from the acts or omissions of an officer in the discharge of * * * the any private security employment duties under this section, including travel to and from private security employment duties in the official vehicle.

(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 * * * and, weapon and vehicle may be worn and utilized only at locations which are within the jurisdiction of the governmental entity whose uniform * * * and, weapon and vehicle are involved.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2021.

---