House Bill 1238

AN ACT TO CREATE NEW SECTION 45-6-16, MISSISSIPPI CODE OF 1972, TO CREATE A RIGHT TO FOLLOW-UP TESTING FOR A LAW ENFORCEMENT OFFICER WHO TESTS POSITIVE FOR ILLEGAL DRUG USE AND TO PROVIDE FOR TERMS OF SUSPENSION PENDING THE RECEIPT OF RESULTS FROM THE FOLLOW-UP TEST; TO AMEND SECTION 45-6-17, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 45-6-16, Mississippi Code of 1972:

45-6-16. (1) Any full- or part-time law enforcement officer who is accused of drug use in violation of the employer's policies or state law based upon the results of a urinalysis must be afforded the opportunity to undergo a subsequent more scientifically reliable test before the officer is terminated or is suspended without pay.

(2) If a full- or part-time law enforcement officer is required as a condition of employment to submit to a urine test for drug use and the result of the test is positive, the officer may be relieved of duty and placed on administrative leave with pay. The officer is allowed two (2) business days following official written notice of the results to contest the test results. If the officer does not contest the test results within the two-day period, the employer may initiate disciplinary action. If the officer contests the test results within the two-day period, the officer is allowed an additional five (5) days to appear at a certified laboratory and voluntarily submit to the taking of a hair sample for the purpose of a hair follicle test for drug analysis. The hair follicle test is initially at the expense of the officer; however, if the test result is negative, the officer shall be reimbursed the cost of the test by the employer. If the test result is positive, the officer shall bear the cost of the test. If the hair follicle test result is negative for the drug or drugs specified in the urinalysis report and thereby does not support the findings of the urinalysis, then the urinalysis results shall be declared a false positive, and the officer shall be immediately placed back into his previous position of employment.

SECTION 2. Section 45-6-17, Mississippi Code of 1972, is amended as follows:

45-6-17. (1) Any full- or part-time law enforcement officer who does not comply with the provisions of this chapter, or whose certificate has been suspended or revoked under provisions of this chapter, shall not be authorized to exercise the powers of law enforcement officers generally, and particularly shall not be authorized to exercise the power of arrest.

(2) Any state agency or political subdivision that employs a person as a full- or part-time law enforcement officer who does not meet the requirements of this chapter, or who employs a person whose certificate has been suspended or revoked under provisions of this chapter, is prohibited from paying the salary of such person, or providing any public monies for the equipment or support of the law enforcement activities of such person except as provided in Section 45-6-16, and any person violating this subsection shall be personally liable for making such payment.

SECTION 3. This act shall take effect and be in force from and after July 1, 2023.