MISSISSIPPI LEGISLATURE

2011 Regular Session

To: Appropriations

By: Representative Stringer

House Bill 1210

(As Sent to Governor)

AN ACT TO AMEND SECTION 45-3-9, MISSISSIPPI CODE OF 1972, TO REVISE THE MINIMUM QUALIFICATIONS FOR MEMBERS OF THE HIGHWAY SAFETY PATROL; TO AMEND SECTION 45-3-5, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.

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

     SECTION 1.  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 * * *; or

          (b)  A high school diploma or GED and at least four (4) years of * * * active military duty or six (6) years of National Guard duty; * * * a Department of Defense Form 214 (DD214), * * * Certificate of Release or Discharge from Active Duty, or a National Guard Bureau Form 22 (NGB Form 22), Report of Separation, or a National Guard Bureau Form 23 (NGB Form 23), ARNG Retirement Credit Points Statement must be submitted by the applicant; 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; or

          (d)  A high school diploma or GED if the applicant is not less than twenty-three (23) years of age.  This paragraph (d) shall stand repealed on January 1, 2012.

     (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 2.  Section 45-3-5, Mississippi Code of 1972, is amended as follows:

     45-3-5.  The commissioner is * * * empowered and authorized to appoint an Assistant Commissioner of Public Safety to be known as the chief of patrol, who shall have the * * * qualifications set forth in Section 45-3-9, and shall have charge of the division of operations of the patrol.  The annual salary of the chief of patrol shall be fixed by the Legislature, payable monthly.  He shall execute a bond in the penal sum of Five Thousand Dollars ($5,000.00) with a surety company authorized to do business in this state, the bond to be conditioned for the faithful performance of his duties.  The bond shall be subject to the approval of the commissioner.

     SECTION 3.  This act shall take effect and be in force from and after its passage.