MISSISSIPPI LEGISLATURE

2010 Regular Session

To: Judiciary A

By: Representative McCoy

House Bill 298

(As Sent to Governor)

AN ACT TO AMEND SECTION 45-3-51, MISSISSIPPI CODE OF 1972, TO ALLOW A BENEFICIARY OF AN OFFICER OF THE HIGHWAY PATROL OR BUREAU OF NARCOTICS KILLED IN THE LINE OF DUTY TO RETAIN THE FIREARM OF SUCH OFFICER OR AGENT; TO AUTHORIZE LAW ENFORCEMENT OFFICERS OF THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION TO RETAIN A SIDEARM UPON RETIREMENT; TO AMEND SECTION 45-3-9, MISSISSIPPI CODE OF 1972, TO REVISE THE MINIMUM QUALIFICATIONS FOR MEMBERS OF THE HIGHWAY SAFETY PATROL; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 45-3-51, Mississippi Code of 1972, is amended as follows:

     45-3-51.  Each member of the Mississippi Highway Safety Patrol or agent of the Mississippi Bureau of Narcotics who retires under the Highway Safety Patrol Retirement System or the Public Employees' Retirement System, for superannuation or for reason of disability or a beneficiary of such member of the Highway Safety Patrol or agent of the Mississippi Bureau of Narcotics who is killed in the line of duty shall be allowed to retain, as his personal property, one (1) sidearm which was issued under authority of Section 45-3-19 or 41-29-159.  Likewise, a beneficiary of any law enforcement officer killed in the line of duty shall be allowed to retain the officer's sidearm.

     SECTION 2.  Each person employed as a law enforcement officer by the Mississippi Department of Transportation who retires for superannuation or for reason of disability under the Public Employees' Retirement System shall be allowed to retain as his personal property, one (1) sidearm which was issued to such law enforcement officer.

     SECTION 3.  Section 45-3-9, Mississippi Code of 1972, is amended as follows:

     45-3-9.  (1)  The chief of patrol, directors, inspectors, assistant inspectors, patrol officers and investigators of the department shall be selected after an examination as to physical and mental fitness, knowledge of traffic laws, rules and regulations of this state, the laws of the state pertaining to arrest, and the rules and regulations of the Mississippi Department of Public Safety and Public Service Commission, such examination to be prescribed by the commissioner.  At the time of appointment they shall be citizens of the United States and the State of Mississippi, of good moral character, and shall be not less than twenty-one (21) years of age and shall have:

          (a)  Sixty (60) hours and/or an associate degree from an accredited educational institution with a minimum grade point average of 2.0 on a 4.0 scale and one (1) year of continued satisfactory work experience in the field of law enforcement; or

          (b)  Two (2) years minimum active military duty providing a DD214, one (1) year of continued satisfactory work in the field of law enforcement and a high school diploma or GED; or

          (c)  A high school diploma or GED, minimum standard certification from an accredited law enforcement academy and a minimum of one (1) year of law enforcement field experience.

     (2)  Sworn agents of the Mississippi Bureau of Narcotics who are employed as enforcement troopers shall retain all compensatory, personal and sick leave accrued pursuant to Sections 25-3-92, 25-3-93 and 25-3-95.

     SECTION 4.  This act shall take effect and be in force from and after its passage.