Senate Bill 2742

AN ACT TO CREATE NEW SECTION 45-9-181, MISSISSIPPI CODE OF 1972, TO ENACT THE MISSISSIPPI SCHOOL SAFETY GUARDIAN ACT TO PROVIDE THAT THE GOVERNING BODY OF A SCHOOL, IN CONSULTATION WITH SCHOOL ADMINISTRATORS AND THE MISSISSIPPI DEPARTMENT OF PUBLIC SAFETY, MAY DESIGNATE EMPLOYEES TO PARTICIPATE IN A SCHOOL SAFETY GUARDIAN PROGRAM DEVELOPED BY THE DEPARTMENT OF PUBLIC SAFETY BY WHICH DESIGNATED AND TRAINED SCHOOL EMPLOYEES MAY CARRY CONCEALED FIREARMS FOR THE PROTECTION OF THE STUDENTS, EMPLOYEES AND OTHERS ON THE CAMPUS OF THE SCHOOL; TO PROVIDE CERTAIN DEFINITIONS; TO PROVIDE CIVIL IMMUNITY UNDER CERTAIN CIRCUMSTANCES FOR SCHOOL SAFETY GUARDIANS WHO COMPLY WITH THE ACT; TO EXEMPT THE IDENTITY OF SCHOOL SAFETY GUARDIANS FROM PUBLIC DISCLOSURE; TO PROVIDE A TRAINING AND CERTIFICATION PROCESS AND TO ENACT STANDARDS; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 45-9-181, Mississippi Code of 1972:

45-9-181. (1) This section shall be known and may be cited as the "Mississippi School Safety Guardian Act."

(2) For purposes of this section, the following terms shall have the meanings ascribed herein:

(a) "School" means any public or private educational institution within the State of Mississippi and includes any elementary or secondary school.

(b) "Governing body" means with respect to any public school district or public charter school, the local school board or charter school board, as applicable; with respect to any private school, the board or other governing body of the private school as provided in the charter, bylaws or other governing documents of the school.

(3) The governing body of a school, in consultation with school administrators and the Mississippi Department of Public Safety, may designate employees to participate in a School Safety Guardian Program developed by the Department of Public Safety by which designated and trained school employees may carry concealed firearms for the protection of the students, employees and others on the campus of the school. The scope and purpose of a School Safety Guardian Program includes responding to an active shooter situation or other situation that would cause death or bodily harm on the school campus or in the immediate vicinity of the school campus. The Guardian's weapon shall always remain under his or her physical control on campus.

(4) A designated School Safety Guardian shall be immune from civil liability for any action taken by the School Safety Guardian if the action in question occurs during the reasonable exercise of and, within the course and scope of, the designated School Safety Guardian's official duties. School Safety Guardians shall be charged with these duties and must act in accordance with these duties to maintain their certification and immunity. If a School Safety Guardian is found to have failed to carry out their official duties the immunity described in this subsection shall be waived.

(5) School Safety Guardians shall be paid a monthly stipend of Five Hundred Dollars ($500.00) by the school district.

(6) The School Safety Guardian Program shall be administered by the Mississippi Department of Public Safety through the Office of Homeland Security. In consultation with the Mississippi Department of Education, the department shall establish the School Safety Guardian Program and promulgate rules, regulations and training requirements.

(7) To be eligible for the immunity provided in this section:

(a) The School Safety Guardian Program at a minimum must require that each designated member of the program who is not a law enforcement officer, as defined in Section 45-6-3, possesses a firearms license issued under Section 45-9-101 and has completed an instructional course in the safe handling and use of firearms as described in Section 97-37-7; has completed instructional training through a law enforcement training academy approved by the Mississippi Department of Public Safety ("department") not less than once every twelve (12) months; and has been CPR and First Aid certified; and

(b) The identities of any person designated by the school's governing body to serve as a School Safety Guardian must be documented at the time of the designation and shall be communicated to school administrators and local law enforcement, but records relating to School Safety Guardians shall be exempt from the provisions of the Mississippi Public Records Act of 1983.

(8) The department may establish a process to enable Mississippi law enforcement training academies that are approved by the department to offer an instructional course in the safe handling and use of firearms under Section 97-37-7(2) to offer additional School Safety Guardian training and certification.

(9) The School Safety Guardian training certification process must include:

(a) An instructional course developed by the Mississippi Department of Public Safety;

(b) A criminal background check;

(d) A shooting proficiency test; and

(e) An annual re-certification training. (10) A law enforcement training academy may provide School Safety Guardian training to any employee of a school or school district who:

(a) Holds a license to carry a concealed handgun issued under Section 45-9-101;

(b) Who has completed an instructional course in the safe handling and use of firearms as described in Section 97-37-7; and

(11) The department may establish a fee in an amount that is sufficient to cover the costs of the School Safety Guardian training certification under this section to be paid to the training academy by the governing body of the school.

(12) The department may adopt rules to administer this section, including a method to identify license holders who have completed a School Safety Guardian training certification course and establishing a fee to be charged by the department for the issuance or reissuance of identification of the license holder as being School Safety Guardian certified.

(13) A person who is indicted or charged with a violation of criminal law while acting as a School Safety Guardian may assert as a defense, in addition to any other defense available, that at the time of the action in question, the person was a certified School Safety Guardian, was then actually engaged in the performance of the person's duties as a School Safety Guardian, and had met the requirements of this section at the time of the action in question.

SECTION 2. This act shall take effect and be in force from and after July 1, 2023.