MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Fees, Salaries and Administration

By: Senator(s) Ross

AN ACT TO AMEND SECTIONS 51-9-171, 51-9-175, 51-9-177, 51-9-179, 51-9-181 AND 51-9-183, MISSISSIPPI CODE OF 1972, TO REVISE THE NAME OF THE PEACE OFFICERS EMPLOYED BY THE PEARL RIVER VALLEY WATER SUPPLY DISTRICT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 51-9-171, Mississippi Code of 1972, is amended as follows:

51-9-171. Sections 51-9-171 through 51-9-185 shall be cited as "The Pearl River Valley Water Supply District Reservoir Patrol Officer Law of 1978."

SECTION 2. Section 51-9-175, Mississippi Code of 1972, is amended as follows:

51-9-175. (1) The board of directors of the district may appoint and commission qualified persons as reservoir patrol officers of the district. Any such reservoir patrol officer so appointed shall be a full-time employee of the district and shall not be employed by any privately owned guard or security service, and shall at all times be answerable and responsible to the board of directors of the district.

(2) A reservoir patrol officer appointed and commissioned as provided in subsection (1) of this section shall, before entering upon his duties as such officer, take the oath of office prescribed by Section 268, Mississippi Constitution of 1890, which shall be endorsed upon his commission. The commission, with the oath endorsed upon it, shall be entered in the official minute book of the district.

(3) A reservoir patrol officer appointed and commissioned pursuant to the provisions of Sections 51-9-171 through 51-9-185, shall, while engaged in the performance of his duties, carry on his person a badge identifying him as a reservoir patrol officer of the district and an identification card issued by the district. When in uniform, each such reservoir patrol officer shall wear his badge in plain view.

(4) A reservoir patrol officer may exercise the same powers of arrest and the right to bear firearms that may be exercised by any state, municipal or other police officer in this state, but only with respect to violations of law or violations of regulations adopted pursuant to Section 51-9-127, which are committed on the property owned by the district. This includes property which is owned by the district but has been leased or rented to other parties. Any right granted under this subsection in no way relieves the requirements of appropriate affidavit and warrant for arrest from the appropriate jurisdiction and authority pursuant to the laws of this state.

(5) On behalf of each person who is trained as a reservoir patrol officer at the Mississippi Law Enforcement Officers' Training Academy, the district shall be required to pay to the academy at least an amount equal to the per student cost of operation of said academy as tuition.

SECTION 3. Section 51-9-177, Mississippi Code of 1972, is amended as follows:

51-9-177. A person arrested by a reservoir patrol officer shall be handled or processed in the jurisdiction in which the offense was committed, in the same manner as if the arrest had been made by a sheriff or constable. If the reservoir patrol officer detains any person arrested by him, he shall forthwith deliver the arrested person to the sheriff of the county in which the offense was committed, and the reservoir patrol officer shall have no further authority as to the custody of such arrested person.

SECTION 4. Section 51-9-179, Mississippi Code of 1972, is amended as follows:

51-9-179. The district, by the act of the appointment of any such reservoir patrol officer, shall be liable and responsible for all acts of such reservoir patrol officer while he is acting or purporting to act under the provisions of Sections 51-9-171 through 51-9-185, whether such action be authorized by Sections 51-9-171 through 51-9-185 or not; further, the district shall indemnify the State of Mississippi and any sheriff for any loss, costs or expenses incurred by virtue of any act, deed or omission committed by such reservoir patrol officer while he is acting or purporting to act under the provisions of Sections 51-9-171 through 51-9-185, whether such act, deed or omission is authorized by Sections 51-9-171 through 51-9-185 or not.

SECTION 5. Section 51-9-181, Mississippi Code of 1972, is amended as follows:

51-9-181. Each reservoir patrol officer commissioned under this article shall file a bond in the sum of Ten Thousand Dollars ($10,000.00) with the district for the lawful and faithful performance of his duties. The cost of the bond shall be borne by the district. The filing of such bond shall not relieve the district from any civil liability it may otherwise incur in accordance with the provisions of Section 51-9-179. The district shall indemnify and hold the State of Mississippi, the Commissioner of Public Safety, and any sheriff harmless from any and all liability which any or all of them might otherwise incur for the negligent or unlawful acts of said reservoir patrol officer.

SECTION 6. Section 51-9-183, Mississippi Code of 1972, is amended as follows:

51-9-183. The powers and authority of any reservoir patrol officer, whether appointed or commissioned pursuant to the provisions of Sections 51-9-171 through 51-9-185 or any former law of this state, may be terminated at any time by the board of directors of the district.

SECTION 7. This act shall take effect and be in force from and after July 1, 2000.