MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Judiciary B; Appropriations A
By: Representatives Summers, Karriem, Taylor, Thompson, Brown, Sanders, Hulum, Denton, Johnson, Jackson (45th), Nelson
AN ACT TO BE KNOWN AS THE "TRUST IN LAW ENFORCEMENT ACT"; TO REQUIRE THE OFFICE OF STANDARDS AND TRAINING WITHIN THE DIVISION OF PUBLIC SAFETY PLANNING IN THE DEPARTMENT OF PUBLIC SAFETY TO CREATE A SEARCHABLE DATABASE THAT ALLOWS THE PUBLIC TO ACCESS INFORMATION REGARDING LAW ENFORCEMENT OFFICERS' JOB PERFORMANCE; TO REQUIRE THE DATABASE TO BE PUBLISHED ON THE WEBSITE OF THE DEPARTMENT OF PUBLIC SAFETY BY JANUARY 1, 2025; TO SPECIFY CERTAIN INFORMATION RELATING TO A LAW ENFORCEMENT OFFICER'S CONDUCT AND PERFORMANCE WHICH MUST BE INCLUDED IN THE DATABASE; TO AUTHORIZE A LAW ENFORCEMENT OFFICER TO REQUEST A REVIEW OF DATABASE INFORMATION RELATING TO THE OFFICER; TO REQUIRE INFORMATION IN THE DATABASE TO BE ACCURATE AND UPDATED AT LEAST MONTHLY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) This section shall be known and may be cited as the "Trust in Law Enforcement Act."
(2) The Office of Standards and Training within the Division of Public Safety Planning of the Department of Public Safety shall create and maintain a searchable database that allows the public to access certain information regarding a law enforcement officer's job performance. The database must be implemented and published on the website of the Department of Public Safety no later than January 1, 2025. The database must include information relating to a law enforcement officer's conduct and performance, including the officer's:
(a) Untruthfulness. For purposes of this section, the term "untruthfulness" means a law enforcement officer knowingly made an untruthful statement concerning a material fact or knowingly omitted a material fact on an official criminal justice record, while testifying under oath, or during an internal affairs investigation or administrative investigation and disciplinary process.
(b) Three (3) or more failures to follow the Board on Law Enforcement Officer Standards and Training educational and training requirements or to complete applicable continuing education courses within a period of ten (10) consecutive years.
(c) Revocation of the certification by the Board on Law Enforcement Officer Standards and Training, including the basis for the revocation.
(d) Termination for cause by the law enforcement officer's employer unless the termination is overturned or reversed by an appellate process. A notation must be placed next to the officer's name during the pendency of any appellate process.
(e) Resignation or retirement while under investigation by the law enforcement officer's employing law enforcement agency, a district attorney or the Attorney General on a matter that could result in the officer being entered into the database.
(f) Resignation or retirement following an incident that leads, within six (6) months following the law enforcement officer's resignation or retirement, to the opening of an investigation that could result in the officer being entered into the database.
(g) Being the subject of a criminal investigation for a crime that could result in revocation or suspension of certification or the filing of criminal charges. The investigating agency shall notify the Office of Standards and Training of the investigation or filing of criminal charges as soon as practicable, so long as the notification is unlikely to disrupt or impede an investigation.
(3) Law enforcement agencies shall report to the Office of Standards and Training the information required in this section in a format established by the office.
(4) A law enforcement officer may request a review of information in the database relating to the officer. Upon the receipt of evidence that supports a determination by the Office of Standards and Training that the information in the database relating to the officer is erroneous, the office must remove the officer's name from the database immediately.
(5) The Office of Standards and Training shall update information in the database on no less than a monthly basis and shall make reasonable efforts to ensure data is current and accurate. The Department of Public Safety does not guarantee full accuracy and timeliness of data, makes no warranty as to content accuracy, and assumes no liability for content errors or omissions.
SECTION 2. Section 1 of this act shall be codified as a new section in Chapter 6, Title 45, Mississippi Code of 1972.
SECTION 3. This act shall take effect and be in force from and after July 1, 2024.