Senate Bill 2905

AN ACT TO AUTHORIZE CERTAIN LAW ENFORCEMENT OFFICERS TO USE UNIFORMS AND EQUIPMENT IN THE PERFORMANCE OF A PRIVATE JOB; TO PROVIDE DUTIES OF LAW ENFORCEMENT AGENCIES REGARDING SUCH EMPLOYMENT; TO LIMIT THE LIABILITY OF THE LAW ENFORCEMENT AGENCIES REGARDING SUCH EMPLOYMENT; TO REQUIRE NOTICE; AND FOR RELATED PURPOSES.

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

SECTION 1. Municipal police officers, part-time municipal police officers or certified law enforcement officers employed by the Department of Public Safety meeting the definition of a law enforcement officer or part-time law enforcement officer, as defined in Section 45-6-3, may wear their uniforms and use their weapons and like equipment while performing private jobs in their off-duty hours with the written permission of the head of their law enforcement agency. Such employment shall not be considered a violation of state ethics law.

SECTION 2. Each agency head or the Commissioner of Public Safety shall determine before such off-duty work is approved that the proposed employment is not of such nature as is likely to bring disrepute on the agency, the officer, or the law enforcement profession, and that the performance of such duties and the use of such agency equipment is in the public interest. Each agency head or the Commissioner of Public Safety may adopt rules and regulations governing off-duty work by its officers, including requirements that private employers agree to indemnify the agency or governing authority as a condition of approving the off-duty employment.

SECTION 3. Off-duty work performed by municipal police officers, part-time municipal police officers or certified law enforcement officers employed by the Department of Public Safety shall not be considered as work done within the scope of his employment and no public service district, municipality, county, state, or any of its agencies or political subdivisions shall be liable for acts performed by off-duty law enforcement officers as permitted by this act.

SECTION 4. Certified municipal police officers, part-time municipal police officers or certified law enforcement officers employed by the Department of Public Safety performing private jobs during their off-duty hours shall be required to notify the appropriate law enforcement agency of the place of employment, the hours to be worked and the type of employment.

SECTION 5. This act shall take effect and be in force from and after its passage.