1997 Regular Session
By: Representative Short
House Bill 330
AN ACT TO AMEND SECTIONS 21-21-35 AND 21-21-37, MISSISSIPPI CODE OF 1972, TO AUTHORIZE MUNICIPALITIES TO PROVIDE LAW ENFORCEMENT ASSISTANCE TO PRIVATE COMPANIES; TO REQUIRE SUCH PRIVATE COMPANIES TO PAY ALL COSTS OF USING MUNICIPAL LAW ENFORCEMENT OFFICERS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 21-21-35, Mississippi Code of 1972, is amended as follows:
21-21-35. Any municipality shall have the power by resolution or order of its governing body to make provision for or to authorize its major or chief administrative officer or chief of police to make provision for its regularly employed law enforcement officers to assist any other municipality, or private company, when in the opinion of the mayor or other officer authorized to declare a state of civil emergency in such other municipality, there exists in such other municipality or private company a need for the services of additional law enforcement officers to protect the health, life and property of such other municipality, its inhabitants, and the visitors thereto, by reason of riot, unlawful assembly characterized by the use of force and violence, or threat thereof by three (3) or more persons acting together or without lawful authority, or during time of natural disaster or man-made calamity or for other public safety purposes. Any city which provides assistance to a private company shall contract with such private company for the use of such law enforcement officers in order to compensate such law enforcement officers and cover all other costs incurred in providing such assistance.
Any municipality shall have the power to send law enforcement officers of its municipality on loan to assist other municipalities in the state in undercover work or as a special agent to combat crime. The chief administrative officer or chief of police of a municipality shall have the power to assist other chief administrative officers or chiefs of police upon a written or oral request from such municipalities; provided, however, that an oral request must be followed by a written authorization.
SECTION 2. Section 21-21-37, Mississippi Code of 1972, is amended as follows:
21-21-37. While any law enforcement officer regularly employed as such in one municipality is in the service of another municipality pursuant to Sections 21-21-31 to 21-21-41, he shall be a peace officer of such other municipality and be under the command of the law enforcement officer therein who is in charge in that municipality, with all the powers of a regular law enforcement officer in such other municipality, as fully as though he were within the municipality where regularly employed and his qualification, respectively, for office where regularly employed shall constitute his qualification for office in such other municipality, and no other oath, bond, or compensation need be made. Any law enforcement officer providing assistance to a private company shall remain under the command of the law enforcement officer who is in charge of the law enforcement agency of the municipality in which he is employed. He shall exercise all the powers that he exercises as a law enforcement officer for the municipality.
SECTION 3. This act shall take effect and be in force from and after July 1, 1997.