MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Judiciary B
By: Representative Bain
AN ACT TO AMEND SECTION 45-1-2, MISSISSIPPI CODE OF 1972, TO INCLUDE THE COMMERCIAL TRANSPORTATION ENFORCEMENT DIVISION AND THE DRIVER SERVICE BUREAU AS SEPARATE UNITS WITHIN THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 41-29-107, MISSISSIPPI CODE OF 1972, TO AMEND DISCIPLINARY POLICY WITHIN THE BUREAU OF NARCOTICS TO MATCH OTHER UNITS OF THE DEPARTMENT OF PUBLIC SAFETY AND TO REMOVE OUTDATED, UNNECESSARY LANGUAGE; TO AMEND SECTION 41-61-75, MISSISSIPPI CODE OF 1972, TO ESTABLISH THE FEE TO BE COLLECTED WHEN STATE MEDICAL EXAMINERS, PHYSICIANS AND PATHOLOGISTS ARE SUBPOENAED TO TESTIFY; TO AMEND SECTION 41-61-59, MISSISSIPPI CODE OF 1972, TO ALLOW TESTIMONY OF EMPLOYEES OF THE MISSISSIPPI FORENSICS LABORATORY AND THE OFFICE OF THE STATE MEDICAL EXAMINER IN CRIMINAL TRIALS TO BE CONDUCTED VIA REMOTE AUDIOVISUAL COMMUNICATIONS IN CERTAIN CIRCUMSTANCES; TO AMEND SECTION 41-61-77, MISSISSIPPI CODE OF 1972, TO PROVIDE THE COMMISSIONER OF PUBLIC SAFETY WITH THE AUTHORITY TO ESTABLISH THE MINIMUM QUALIFICATIONS AND SALARIES FOR EMPLOYEES OF THE MISSISSIPPI FORENSICS LABORATORY AND THE OFFICE OF THE STATE MEDICAL EXAMINER; TO REPEAL SECTION 97-35-27, MISSISSIPPI CODE OF 1972, WHICH REQUIRES PERSONS CONVICTED IN ANOTHER STATE OF AN OFFENSE THAT WOULD HAVE BEEN PUNISHABLE AS A FELONY IN THE STATE OF MISSISSIPPI TO REGISTER WITH THE CHIEF OF POLICE OF THE CITY OR SHERIFF OF THE COUNTY HE OR SHE RESIDES IN; TO AMEND SECTION 45-2-1, MISSISSIPPI CODE OF 1972, TO MAKE CERTAIN REVISIONS TO THE LAW ENFORCEMENT OFFICERS AND FIRE FIGHTERS DEATH BENEFITS TRUST FUND; TO AMEND SECTION 45-2-31, MISSISSIPPI CODE OF 1972, TO MAKE CERTAIN REVISIONS TO THE OTHER SAFETY OFFICIALS DEATH BENEFITS TRUST FUND; TO AMEND SECTION 63-16-13, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE UNINSURED MOTORIST IDENTIFICATION FUND TO BE TRANSFERRED TO THE OTHER SAFETY OFFICIALS DEATH BENEFITS TRUST FUND WHEN NEEDED DUE TO INSUFFICIENT FUNDS; TO AMEND SECTION 45-1-6, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE MISSISSIPPI BUREAU OF INVESTIGATION SHALL HAVE JURISDICTION TO INVESTIGATE ALL INCIDENTS OF OFFICER-INVOLVED SHOOTINGS, OTHER THAN SHOOTINGS INVOLVING ONE OR MORE MEMBERS OF THE MISSISSIPPI BUREAU OF INVESTIGATION, RESULTING IN INJURY OR DEATH OCCURRING IN THE STATE; TO PROVIDE THAT THE ATTORNEY GENERAL SHALL DESIGNATE ANOTHER LAW ENFORCEMENT AGENCY OR TASK FORCE TO INVESTIGATE ANY INCIDENT OF A SHOOTING INVOLVING ONE OR MORE MEMBERS OF THE MISSISSIPPI BUREAU OF INVESTIGATIONS RESULTING IN INJURY OR DEATH OCCURRING IN THE STATE; TO PROVIDE THAT THE ATTORNEY GENERAL'S OFFICE SHALL BE EXCLUSIVELY RESPONSIBLE FOR PRESENTING ALL OFFICER-INVOLVED SHOOTINGS RESULTING IN INJURY OR DEATH OCCURRING IN THE STATE TO THE APPROPRIATE DULY EMPANELED GRAND JURY AND, UPON INDICTMENT BY THE GRAND JURY, PROSECUTING SUCH MATTERS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 45-1-2, Mississippi Code of 1972, is amended as follows:
45-1-2. (1) The Executive Director of the Department of Public Safety shall be the Commissioner of Public Safety.
(2) The Commissioner of Public Safety shall establish the organizational structure of the Department of Public Safety, which shall include the creation of any units necessary to implement the duties assigned to the department and consistent with specific requirements of law including, but not limited to:
(a) Office of Public Safety Planning;
(b) Office of Mississippi Highway Safety Patrol;
(c) Office of Mississippi Bureau of Investigation (to be directed by a Lieutenant Colonel of the Mississippi Highway Safety Patrol);
(d) Office of Forensics Laboratories, which includes the Mississippi Forensics Laboratory and the Office of the State Medical Examiner;
(e) Office of Law Enforcement Officers' Training Academy;
(f) Office of Support Services;
(g) Office of Narcotics, which shall be known as the Bureau of Narcotics;
(h) Office of Homeland
Security; * * *
(i) Office of Capitol Police * * *;
(j) Driver Service Bureau; and
(k) Commercial Transportation Enforcement Division.
(3) The department shall be headed by a commissioner, who shall be appointed by and serve at the pleasure of the Governor. The appointment of the commissioner shall be made with the advice and consent of the Senate. The commissioner shall have, at a minimum, a bachelor's degree from an accredited college or university.
(4) Notwithstanding any provision of law to the contrary, the commissioner shall appoint heads of offices, who shall serve at the pleasure of the commissioner. The commissioner shall have the authority to organize the offices established by subsection (2) of this section as deemed appropriate to carry out the responsibilities of the department. The commissioner may assign to the appropriate offices such powers and duties as deemed appropriate to carry out the department's lawful functions. The organization charts of the department shall be presented annually with the budget request of the Governor for review by the Legislature.
(5) The commissioner shall appoint, from within the Department of Public Safety, a statewide safety training officer who shall serve at the pleasure of the commissioner and whose duty it shall be to perform public training for both law enforcement and private persons throughout the state concerning proper emergency response to the mentally ill, terroristic threats or acts, domestic conflict, other conflict resolution, and such other matters as the commissioner may direct.
(6) The commissioner shall establish within the department the Mississippi Office of Homeland Security for the purpose of seeing that the laws are faithfully executed and for the purpose of investigating cyber-related crimes and suppressing crimes of violence and acts of intimidation and terror. The commissioner is hereby authorized to employ within the Office of Homeland Security a director, investigators and other qualified personnel as he may deem necessary to make investigation of cyber-related crimes, crimes of violence and acts of terrorism or intimidation, to aid in the arrest and prosecution of persons charged with such cyber-related crimes, crimes of violence, acts of terrorism or intimidation, or threats of violence and to perform other duties as necessary to accomplish these purposes. Investigators and other law enforcement personnel employed by the commissioner shall have full power to investigate, apprehend, and arrest persons committing cyber-related crimes, acts of violence, intimidation, or terrorism anywhere in the state, and shall be vested with the power of police officers in the performance of such duties as provided herein. Such investigators and other personnel shall perform their duties under the direction of the commissioner, or his designee. The commissioner shall be authorized to offer and pay suitable rewards to other persons for aiding in such investigation and in the apprehension and conviction of persons charged with cyber-related crimes, acts of violence, or threats of violence, or intimidation, or acts of terrorism.
(7) The commissioner shall establish within the Office of Homeland Security a Mississippi Analysis and Information Center (MSAIC Fusion Center) which shall be the highest priority for the allocation of available federal resources for statewide information sharing, including the deployment of personnel and connectivity with federal data systems. Subject to appropriation therefor, the Mississippi Fusion Center shall employ three (3) regional analysts dedicated to analyzing and resolving potential threats identified by the agency's statewide social media intelligence platform and the dissemination of school safety information.
SECTION 2. Section 41-29-107, Mississippi Code of 1972, is amended as follows:
41-29-107. (1) There is created within the Mississippi Department of Public Safety an office to be known as the Mississippi Bureau of Narcotics. The office shall have a director who shall be appointed by the Commissioner of Public Safety. The commissioner may assign to the appropriate offices of the department such powers and duties deemed appropriate to carry out the lawful functions of the Mississippi Bureau of Narcotics.
(2) The Commissioner of Public Safety is empowered to employ or appoint necessary agents. The commissioner may also employ such secretarial, clerical and administrative personnel, including a duly licensed attorney, as necessary for the operation of the bureau, and shall have such quarters, equipment and facilities as needed. The salary and qualifications of the attorney authorized by this section shall be fixed by the director, but the salary shall not exceed the salary authorized for an assistant attorney general who performs similar duties.
(3) The director and agents so appointed shall be citizens of the United States and of the State of Mississippi, and of good moral character. The agents shall be not less than twenty-one (21) years of age at the time of such appointment. In addition thereto, those appointed shall have satisfactorily completed at least two (2) years of college studies. However, two (2) years of satisfactory service as a law enforcement officer and the completion of the prescribed course of study at a school operated by the Bureau of Narcotics and Dangerous Drugs, United States Justice Department, shall satisfy one (1) year of such college studies, and four (4) years of satisfactory service as a law enforcement officer and the completion of the prescribed course of study at such federal bureau school as stated heretofore shall fully satisfy the two (2) years of college requirement.
During the period of the
first twelve (12) months after appointment, any * * * agent of the * * * Mississippi Bureau of Narcotics shall
be subject to dismissal at the will of the * * * Commissioner of Public Safety.
After twelve (12) months' service, no * * * agent shall be
subject to dismissal * * * or otherwise have his or her salary adversely
affected except for cause, and any such action against an agent shall be subject
to and proceed under the laws, rules and regulations of the state personnel system. * * *
(4) The Commissioner of Public Safety may assign members of the Mississippi Highway Safety Patrol, regardless of age, to the bureau; however, when any highway patrolman or other employee, agent or official of the Mississippi Department of Public Safety is assigned to duty with, or is employed by, the bureau, he shall not be subject to assignment or transfer to any other office or department within the Mississippi Department of Public Safety except by the commissioner. Any highway patrolman assigned to duty with the bureau shall retain his status as a highway patrolman, but shall be under the supervision of the director. For purposes of seniority within the Highway Safety Patrol and for purposes of retirement under the Mississippi Highway Safety Patrol Retirement System, highway patrolmen assigned to the bureau will be credited as if performing duty with the Highway Safety Patrol. The commissioner may assign employees of the Highway Safety Patrol to the Mississippi Bureau of Narcotics and may assign agents of the bureau to the Highway Safety Patrol; however, any employees so assigned must meet all established requirements for the duties to which they are assigned.
(5) The Commissioner of Public Safety may enter into agreements with bureaus or departments of other states or of the United States for the exchange or temporary assignment of agents for special undercover assignments and for performance of specific duties.
(6) The Commissioner of Public Safety may assign agents of the bureau to such duty and to request and accept agents from such other bureaus or departments for such duty.
* * *
SECTION 3. Section 41-61-75, Mississippi Code of 1972, is amended as follows:
41-61-75. (1) For each investigation with the preparation and submission of the required reports, the following fees shall be billed to and paid by the county for which the service is provided:
(a) A medical examiner or his deputy shall receive One Hundred Seventy-five Dollars ($175.00) for each completed report of investigation of death, plus the examiner's actual expenses. In addition to that fee, in cases where the cause of death was sudden infant death syndrome (SIDS) and the medical examiner provides a SIDS Death Scene Investigation report, the medical examiner shall receive for completing that report an additional Fifty Dollars ($50.00), or an additional One Hundred Dollars ($100.00) if the medical examiner has received advanced training in child death investigations and presents to the county a certificate of completion of that advanced training. The State Medical Examiner shall develop and prescribe a uniform format and list of matters to be contained in SIDS/Child Death Scene Investigation reports, which shall be used by all county medical examiners and county medical examiner investigators in the state.
(b) The pathologist performing autopsies as provided in Section 41-61-65 shall receive One Thousand Dollars ($1,000.00) per completed autopsy, plus mileage expenses to and from the site of the autopsy, and shall be reimbursed for any out-of-pocket expenses for third-party testing, not to exceed One Hundred Dollars ($100.00) per autopsy.
(2) * * * When a medical examiner, physician or
pathologist * * *
is subpoenaed for appearance and testimony before a grand jury, courtroom trial
or deposition as a result of their duties as a state medical examiner, physician
or pathologist, the office with which said professional is employed shall be
entitled to bill an expert witness hourly fee * * * and mileage expenses to and
from the site of the testimony, and such amount shall be paid by the jurisdiction
or party issuing the subpoena. The expert witness fee shall be Five Hundred
Dollars ($500.00) per hour, with a minimum of four (4) hours, plus one (1) hour
preparation, plus travel expenses. This fee will apply whether the medical examiner,
physician or pathologist who is subpoenaed, or otherwise required to appear, testifies
or not. Said fees shall be made payable to the Office of the State Medical Examiner.
SECTION 4. Section 41-61-59, Mississippi Code of 1972, is amended as follows:
41-61-59. (1) A person's death that affects the public interest as specified in subsection (2) of this section shall be promptly reported to the medical examiner by the physician in attendance, any hospital employee, any law enforcement officer having knowledge of the death, the embalmer or other funeral home employee, any emergency medical technician, any relative or any other person present. The appropriate medical examiner shall notify the municipal or state law enforcement agency or sheriff and take charge of the body. When the medical examiner has received notification under Section 41-39-15(6) that the deceased is medically suitable to be an organ and/or tissue donor, the medical examiner's authority over the body shall be subject to the provisions of Section 41-39-15(6). The appropriate medical examiner shall notify the Mississippi Bureau of Narcotics within twenty-four (24) hours of receipt of the body in cases of death as described in subsection (2)(m) or (n) of this section.
(2) A death affecting the public interest includes, but is not limited to, any of the following:
(a) Violent death, including homicidal, suicidal or accidental death.
(b) Death caused by thermal, chemical, electrical or radiation injury.
(c) Death caused by criminal abortion, including self-induced abortion, or abortion related to or by sexual abuse.
(d) Death related to disease thought to be virulent or contagious that may constitute a public hazard.
(e) Death that has occurred unexpectedly or from an unexplained cause.
(f) Death of a person confined in a prison, jail or correctional institution.
(g) Death of a person where a physician was not in attendance within thirty-six (36) hours preceding death, or in prediagnosed terminal or bedfast cases, within thirty (30) days preceding death.
(h) Death of a person where the body is not claimed by a relative or a friend.
(i) Death of a person where the identity of the deceased is unknown.
(j) Death of a child under the age of two (2) years where death results from an unknown cause or where the circumstances surrounding the death indicate that sudden infant death syndrome may be the cause of death.
(k) Where a body is brought into this state for disposal and there is reason to believe either that the death was not investigated properly or that there is not an adequate certificate of death.
(l) Where a person is presented to a hospital emergency room unconscious and/or unresponsive, with cardiopulmonary resuscitative measures being performed, and dies within twenty-four (24) hours of admission without regaining consciousness or responsiveness, unless a physician was in attendance within thirty-six (36) hours preceding presentation to the hospital, or in cases in which the decedent had a prediagnosed terminal or bedfast condition, unless a physician was in attendance within thirty (30) days preceding presentation to the hospital.
(m) Death that is caused by drug overdose or which is believed to be caused by drug overdose.
(n) When a stillborn fetus is delivered and the cause of the demise is medically believed to be from the use by the mother of any controlled substance as defined in Section 41-29-105.
(3) The State Medical Examiner is empowered to investigate deaths, under the authority hereinafter conferred, in any and all political subdivisions of the state. The county medical examiners and county medical examiner investigators, while appointed for a specific county, may serve other counties on a regular basis with written authorization by the State Medical Examiner, or may serve other counties on an as-needed basis upon the request of the ranking officer of the investigating law enforcement agency. If a death affecting the public interest takes place in a county other than the one where injuries or other substantial causal factors leading to the death have occurred, jurisdiction for investigation of the death may be transferred, by mutual agreement of the respective medical examiners of the counties involved, to the county where the injuries or other substantial causal factors occurred, and the costs of autopsy or other studies necessary to the further investigation of the death shall be borne by the county assuming jurisdiction.
(4) In criminal trials where the testimony of a member of the Mississippi Forensics Laboratory or the Office of the State Medical Examiner is required, courts shall allow for the use of audiovisual communications equipment to present such testimony remotely. However, where the defendant has designated a witness challenging the conclusions made by a member of the Mississippi Forensics Laboratory or Office of the State Medical Examiner, courts shall not allow for the use of audiovisual communications equipment to present such testimony remotely.
All persons qualified to administer an oath in the State of Mississippi may swear a witness remotely by audiovisual communications technology from a location within the State of Mississippi, provided he or she can positively identify the witness and he or she is able to both see and hear the witness via audiovisual communications equipment.
A witness not located within the State of Mississippi may consent to being put under oath via audiovisual communications technology by a person located within the State of Mississippi qualified to administer an oath in the State of Mississippi.
( * * *5) The chief county medical examiner
or chief county medical examiner investigator may receive from the county in
which he serves a salary of One Thousand Two Hundred Fifty Dollars ($1,250.00)
per month, in addition to the fees specified in Sections 41-61-69 and 41-61-75,
provided that no county shall pay the chief county medical examiner or chief
county medical examiner investigator less than Three Hundred Dollars ($300.00)
per month as a salary, in addition to other compensation provided by law. In
any county having one or more deputy medical examiners or deputy medical
examiner investigators, each deputy may receive from the county in which he
serves, in the discretion of the board of supervisors, a salary of not more
than Nine Hundred Dollars ($900.00) per month, in addition to the fees
specified in Sections 41-61-69 and 41-61-75; however, no county shall pay the
deputy medical examiners or deputy medical examiner investigators less than
Three Hundred Dollars ($300.00) per month as a salary in addition to other
compensation provided by law. For this salary the chief shall assure twenty-four-hour
daily and readily available death investigators for the county, and shall
maintain copies of all medical examiner death investigations for the county for
at least the previous five (5) years. He shall coordinate his office and
duties and cooperate with the State Medical Examiner, and the State Medical
Examiner shall cooperate with him.
SECTION 5. Section 41-61-77, Mississippi Code of 1972, is amended as follows:
41-61-77. (1) The Department of Public Safety shall establish and maintain a central office for the Mississippi Forensics Laboratory and the State Medical Examiner with appropriate facilities and personnel for postmortem medicolegal examinations. District offices, with appropriate facilities and personnel, may also be established and maintained if considered necessary by the department for the proper management of postmortem examinations.
The facilities of the central and district offices and their staff services may be available to the medical examiners and designated pathologists in their investigations.
(2) In order to provide proper facilities for investigating deaths as authorized in Sections 41-61-51 through 41-61-79, the State Medical Examiner may arrange for the use of existing public or private laboratory facilities. The State Medical Examiner may contract with qualified persons to perform or to provide support services for autopsies, studies and investigations not inconsistent with other applicable laws. Such laboratory facilities may be located at the University of Mississippi Medical Center or any other suitable location. The State Medical Examiner may be an affiliate or regular faculty member of the Department of Pathology at the University of Mississippi Medical Center and may serve as a member of the faculty of other institutions of higher learning. He shall be authorized to employ, with the approval of the Commissioner of Public Safety, such additional scientific, technical, administrative and clerical assistants as are necessary for performance of his duties. Such employees in the Mississippi Forensics Laboratory and the Office of the State Medical Examiner shall be subject to the rules, regulations and policies of the Mississippi State Personnel Board in their employment. The Department of Public Safety may set the salaries for and establish minimum qualifications for the employees of the Mississippi Forensics Laboratory and the Office of the State Medical Examiner.
(3) The State Medical Examiner shall be authorized to employ qualified pathologists as deputy state medical examiners as are necessary to carry out the duties of his office. The deputy state medical examiners shall be licensed to practice medicine and, either board-certified in forensic pathology by the American Board of Pathology or be a physician who is board certified in anatomic pathology by the American Board of Pathology. The State Medical Examiner may delegate specific duties to competent and qualified medical examiners within the scope of the express authority granted to him by law or regulation. Employees of the Office of the State Medical Examiner shall have the authority to enter any political subdivisions of this state for the purpose of carrying out medical investigations.
SECTION 6. Section 45-2-1, Mississippi Code of 1972, is amended as follows:
45-2-1. (1) Whenever used in this section, the term:
(a) "Covered individual" means a law enforcement officer or firefighter, including volunteer firefighters, as defined in this section when employed by an employer as defined in this section; it does not include employees of independent contractors.
(b) "Employer" means a state board, commission, department, division, bureau or agency, or a county, municipality or other political subdivision of the state, which employs, appoints or otherwise engages the services of covered individuals.
(c) "Firefighter" means an individual who is trained for the prevention and control of loss of life and property from fire or other emergencies, who is assigned to firefighting activity, and is required to respond to alarms and perform emergency actions at the location of a fire, hazardous materials or other emergency incident.
(d) "Law enforcement officer" means any lawfully sworn officer or employee of the state or any political subdivision of the state whose duties require the officer or employee to investigate, pursue, apprehend, arrest, transport or maintain custody of persons who are charged with, suspected of committing, or convicted of a crime, whether the officer is on regular duty on full-time status, an auxiliary or reserve officer, or is serving on a temporary or part-time status.
(e) "Cause of death" means any cause of death that would be covered under the Public Safety Officers' Benefits Act of 1976 or the Hometown Heroes Survivors Benefits Act of 2003, generally codified at 42 USCS Chapter 46.
(2) (a) The Department of Public Safety shall make a payment, as provided in this section, in the amount of One Hundred Thousand Dollars ($100,000.00) when a covered individual, while engaged in the performance of the person's official duties, dies or receives accidental or intentional bodily injury that results in the loss of the covered individual's life and such death is the result of a covered cause of death, provided that the death is not the result of suicide and that the bodily injury is not intentionally self-inflicted. Upon specific appropriation by the Legislature, the Department of Public Safety may pay certain claims for death benefits that it finds to be the result of unforeseen or unprecedented circumstances, provided that sufficient funds exist at the time such a claim for death benefits is made.
(b) The payment provided for in this subsection shall be made to the beneficiary who was designated in writing by the covered individual, signed by the covered individual and delivered to the employer during the covered individual's lifetime. If no such designation is made, then the payment shall be made to the surviving child or children and spouse in equal portions, and if there is no surviving child or spouse, then to the parent or parents. If a beneficiary is not designated and there is no surviving child, spouse or parent, then the payment shall be made to the covered individual's estate.
(c) The payment made in this subsection is in addition to any workers' compensation or pension benefits and is exempt from the claims and demands of creditors of the covered individual.
(3) (a) There is established in the State Treasury a special fund to be known as the Law Enforcement Officers and Fire Fighters Death Benefits Trust Fund. The trust fund shall be funded by an initial appropriation of Two Hundred Thousand Dollars ($200,000.00), and shall be comprised of any additional funds made available by the Legislature or by donation, contribution, gift or any other source.
(b) The State Treasurer shall invest the monies of the trust fund in any of the investments authorized for the funds of the Public Employees' Retirement System under Section 25-11-121, and those investments shall be subject to the limitations prescribed by Section 25-11-121.
(c) Unexpended amounts remaining in the trust fund at the end of the state fiscal year shall not lapse into the State General Fund, and any income earned on amounts in the trust fund shall be deposited to the credit of the trust fund.
(4) The Department of Public Safety shall be responsible for the management of the trust fund and the disbursement of death benefits authorized under this section. As an alternative to the Law Enforcement Officers and Fire Fighters Death Benefits Trust Fund the Commissioner of Public Safety may establish a life insurance policy in the amount of One Hundred Thousand Dollars ($100,000.00) for covered individuals. The commissioner may use funds from the Uninsured Motorist Identification Fund established by Section 63-16-13 to pay life insurance premiums for covered individuals. The Department of Public Safety shall adopt rules and regulations necessary to implement and standardize the payment of death benefits under this section, to administer the trust fund created by this section and to carry out the purposes of this section.
SECTION 7. Section 45-2-31, Mississippi Code of 1972, is amended as follows:
45-2-31. (1) As used in this section, the term "covered individual" means the directors and assistant directors of local emergency management organizations established under Section 33-15-17, and coroners and deputy coroners.
(2) (a) The Department of Public Safety shall make a payment, as provided in this section, in the amount of One Hundred Thousand Dollars ($100,000.00) when a covered individual, while engaged in the performance of the person's official duties, is accidentally or intentionally killed, provided that the killing is not the result of suicide and that the bodily injury is not intentionally self-inflicted. Upon specific appropriation by the Legislature, the Department of Public Safety may pay certain claims for death benefits that it finds to be the result of unforeseen or unprecedented circumstances, provided that sufficient funds exist at the time such a claim for death benefits is made.
(b) The payment provided for in this subsection shall be made to the beneficiary who was designated in writing by the covered individual during the covered individual's lifetime. If no such designation is made, then the payment shall be made to the surviving child or children and spouse in equal portions, and if there is no surviving child or spouse, then to the parent or parents. If a beneficiary is not designated and there is no surviving child, spouse or parent, then the payment shall be made to the covered individual's estate.
(c) The payment made in this subsection is in addition to any workers' compensation or pension benefits and is exempt from the claims and demands of creditors of the covered individual.
(3) (a) There is established in the State Treasury a special fund to be known as the "Other Safety Officials Death Benefits Trust Fund." The trust fund shall be funded by monies made available by the Legislature by appropriations as needed, or by donation, contribution, gift or any other source.
(b) The State Treasurer shall invest the monies of the trust fund in any of the investments authorized for the funds of the Public Employees' Retirement System under Section 25-11-121, and those investments shall be subject to the limitations prescribed by Section 25-11-121.
(c) Unexpended amounts remaining in the trust fund at the end of the state fiscal year shall not lapse into the State General Fund, and any income earned on amounts in the trust fund shall be deposited to the credit of the trust fund.
(4) The Department of Public Safety shall be responsible for the management of the trust fund and the disbursement of death benefits authorized under this section. As an alternative to the Other Safety Officials Death Benefits Trust Fund the Commissioner of Public Safety may establish a life insurance policy in the amount of One Hundred Thousand Dollars ($100,000.00) for covered individuals. The commissioner may use funds from the Uninsured Motorist Identification Fund established by Section 63-16-13 to pay life insurance premiums for covered individuals. The Department of Public Safety shall adopt rules and regulations necessary to implement and standardize the payment of death benefits under this section, to administer the trust fund created by this section and to carry out the purposes of this section.
SECTION 8. Section 63-16-13, Mississippi Code of 1972, is amended as follows:
63-16-13. (1) If the operator of a motor vehicle being operated on the public roads, streets or highways of the State of Mississippi or registered in the State of Mississippi has been found failing to have motor vehicle liability insurance in at least the minimum amounts required under Section 63-15-3(j), it is a misdemeanor and, upon conviction, is punishable by a fine of One Hundred Dollars ($100.00) and suspension of driving privilege for a period of one (1) year or until the owner of the motor vehicle shows proof of liability insurance that is in compliance with the liability limits required by Section 63-15-3(j) and has paid the fines and assessments imposed and the driver's license reinstatement fees imposed by the Department of Public Safety. A judge shall determine whether the defendant is indigent, and if a determination of indigence is made, shall authorize the reinstatement of that person's driver's license upon proof of mandatory liability insurance subject to compliance with a payment plan for any fines, assessments and/or fees. If such fines are levied in a municipal court, the funds from such fines shall be deposited in the general fund of the municipality. If such fines are levied in any of the courts of the county, the funds from such fines shall be deposited in the general fund of the county. A person convicted of a criminal offense under this subsection (1) shall not be convicted of a criminal offense under Section 63-15-4(4) arising from the same incident.
(2) (a) There is created in the State Treasury a special fund to be designated as the "Uninsured Motorist Identification Fund." The fund shall consist of monies deposited therein as provided under subsection (1) of this section and monies from any other source designated for deposit into such fund. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited to the credit of the fund; however, one-half (1/2) of any monies in excess of the amount needed to defray the expenses and costs of the verification system created under Section 63-16-3 remaining in the fund at the end of a fiscal year shall be transferred to a special fund created in the State Treasury for the purpose of funding a Highway Patrol Trooper School, and one-half (1/2) of any monies in excess of the amount needed to defray the expenses and costs of the verification system created under Section 63-16-3 remaining in the fund at the end of a fiscal year shall be transferred to the Mississippi Trauma Care Systems Fund created under Section 41-59-75.
(b) Monies in the Uninsured Motorist Identification Fund may be used by the Department of Public Safety, upon appropriation by the Legislature, only for the purpose of defraying expenses and costs for the motor vehicle insurance verification system created under Section 63-16-3. In addition, at any time during a fiscal year, if the Department of Public Safety determines that funds in the Law Enforcement Officers and Fire Fighters Death Benefits Trust Fund created under Section 45-2-1 or the Other Safety Officials Death Benefits Trust Fund created under Section 45-2-31 are insufficient, the department may request the State Fiscal Officer to transfer funds from the Uninsured Motorist Identification Fund. The State Fiscal Officer may make an appropriate transfer if he determines that the funds in the Law Enforcement Officers and Fire Fighters Death Benefits Trust Fund or the Other Safety Officials Death Benefits Trust Fund are insufficient and the funds in the Uninsured Motorist Identification Fund will be sufficient for defraying the expenses and costs for the motor vehicle insurance verification system created under Section 63-16-3. Monies in the fund used for the purposes described in this paragraph (b) shall be in addition to other funds available from any other source for such purposes.
SECTION 9. Section 45-1-6, Mississippi Code of 1972, is amended as follows:
45-1-6. (1) The Director of the Mississippi Bureau of Investigation is authorized to retain on a contractual basis such persons as he shall deem necessary to detect and apprehend violators of the criminal statutes of this state.
(2) Those persons contracting with the Director of the Mississippi Bureau of Investigation pursuant to subsection (1) shall be known and hereinafter referred to as "special contract agents."
(3) The investigative services provided for in this section shall be designed to support law enforcement efforts of state agencies and to support local law enforcement efforts.
(4) Special contract investigators shall have all powers necessary and incidental to the fulfillment of their contractual obligations, including the power of arrest when authorized by the Director of the Mississippi Bureau of Investigation.
(5) No person shall be a special contract investigator unless he is at least twenty-one (21) years of age.
(6) The Director of the Mississippi Bureau of Investigation shall conduct a background investigation of all potential special contract investigators. All contract agents must meet the minimum standard requirements established by the Board on Law Enforcement Officer Standards and Training.
(7) Any contract pursuant to subsection (1) shall be:
(a) Reduced to writing; and
(b) Terminable upon written notice by either party, and shall in any event terminate one (1) year from the date of signing; and
(c) Approved as to form
by the Commissioner of
Public Safety.
Such contracts shall not be public records and shall not be available for inspection under the provisions of a law providing for the inspection of public records as now or hereafter amended.
(8) Special contract investigators shall not be considered employees of the Mississippi Bureau of Investigation for any purpose.
(9) The Director of the Mississippi Bureau of Investigation shall have all powers necessary and incidental to the effective operation of this section.
(10) The Mississippi Bureau
of Investigation shall have jurisdiction to investigate all incidents of officer-involved
shootings, other than * * * shootings involving one (1) or more
members of the Mississippi Bureau of Investigation, resulting in injury or death
occurring in the state. However, the District Attorney in the jurisdiction where
such incident occurred may designate another law enforcement agency to investigate
the incident if the District Attorney determines that there is a conflict with the
Mississippi Bureau of Investigation or that other extenuating circumstances exist.
The Attorney General shall designate another law enforcement agency or task force
to investigate any incident of a * * * shooting involving
one (1) or more members of the Mississippi Bureau of Investigations resulting
in injury or death occurring in the state. The Attorney General's Office
shall be exclusively responsible for presenting all officer-involved shootings
resulting in injury or death occurring in the state to the appropriate duly
empaneled grand jury and, upon indictment by a grand jury, prosecuting such
matters.
(11) Notwithstanding any other provisions contained in this section, all contracts authorized under this section and related matters shall be made available to the Legislative Budget Office and the Department of Finance and Administration.
SECTION 10. Section 97-35-27, Mississippi Code of 1972, which requires persons convicted in another state of an offense that would have been punishable as a felony in the State of Mississippi to register with the chief of police of the city or sheriff of the county he or she resides in, is repealed.
SECTION 11. This act shall take effect and be in force from and after July 1, 2022, and shall stand repealed on June 30, 2022.