2021 Regular Session
To: Judiciary, Division B
By: Senator(s) Fillingane, McMahan
AN ACT TO AMEND SECTION 17-25-11, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CERTAIN LAW ENFORCEMENT OFFICERS ARE AUTHORIZED TO USE PUBLIC VEHICLES IN THE PERFORMANCE OF PRIVATE SECURITY DUTIES WITHIN THEIR JURISDICTION; 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 * * *
, 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 * * * , 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 * * *
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 and weapon 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 or 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 * * *
, weapon and vehicle may be
worn and utilized only at locations which are within the jurisdiction of the
governmental entity whose uniform * * * , weapon and vehicle are
SECTION 2. This act shall take effect and be in force from and after July 1, 2021.