MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Judiciary

By: Senator(s) Furniss

AN ACT TO AMEND SECTION 47-5-116, MISSISSIPPI CODE OF 1972, TO PROVIDE A PENALTY TO TRANSPORT ANY PRISONER COMMITTED TO THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS IN A VEHICLE WITHOUT A BIDDLE GUARD; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 47-5-116, Mississippi Code of 1972, is amended as follows:

47-5-116. (1) * * * The term "Biddle guard" * * * means a device or partition installed in a vehicle operated by a law enforcement officer which separates the front and rear passenger compartments.

(2) (a) It is unlawful to transport a prisoner who is * * * committed to the Department of Corrections * * * in a vehicle which is not equipped with a secure Biddle guard * * *.

(b) The commissioner, sheriff or chief law enforcement officer who is responsible for a vehicle in which a prisoner is transported in violation of this section shall be liable for a civil penalty of One Thousand Dollars ($1,000.00) for the first violation and Three Thousand Dollars ($3,000.00) for any subsequent violations. The penalty shall be collected by the Attorney General and paid into the State Treasury.

(3) The commissioner * * *, sheriff, or chief law enforcement officer who is responsible for a vehicle in which a prisoner is transported in violation of this section shall not be liable personally for any damages arising from injuries to persons or property caused by a prisoner who * * * escapes while being transported in violation of this section.

(4) This section does not * * * apply to any vehicle used by a correctional officer for * * * transporting prisoners * * * on the grounds of a correctional facility under the jurisdiction of the * * * department * * *.

SECTION 2. This act shall take effect and be in force from and after July 1, 1999.