MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Judiciary B
By: Representative Dixon
AN ACT TO MAKE IT UNLAWFUL FOR ANY LAW ENFORCEMENT OFFICER TO POSSESS, USE, OR PERMIT OR AUTHORIZE THE USE OF A WEAPON OWNED BY THE STATE OF MISSISSIPPI OR A POLITICAL SUBDIVISION THEREOF EXCEPT UPON OFFICIAL BUSINESS; TO MAKE IT UNLAWFUL FOR ANY LAW ENFORCEMENT OFFICER TO USE OR PERMIT OR AUTHORIZE THE USE OF ANY AUTOMOBILE OR ANY OTHER MOTOR VEHICLE OWNED BY THE STATE OF MISSISSIPPI OR A POLITICAL SUBDIVISION THEREOF EXCEPT UPON OFFICIAL BUSINESS; TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS OF THOSE PROVISIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) It shall be unlawful for any law enforcement officer to possess, use or permit or authorize the use of any weapon or radio device owned by the State of Mississippi, any county or municipality, or any agency, department, office, division, bureau, commission, board or other institution or instrumentality thereof for any purpose other than upon the official business of the State of Mississippi, the county or municipality, or the agency, department, office, division, bureau, commission, board or other institution or instrumentality thereof.
(2) It shall be unlawful for any law enforcement officer to use or permit or authorize the use of any automobile or any other motor vehicle owned by the State of Mississippi, any county or municipality, or any agency, department, office, division, bureau, commission, board or other institution or instrumentality thereof for any purpose other than upon the official business of the State of Mississippi, the county or municipality, or the agency, department, office, division, bureau, commission, board or other institution or instrumentality thereof.
(3) If any person shall knowingly and willfully violate any of the provisions of this section, such person shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than Two Hundred Fifty Dollars ($250.00) and, in addition, shall be removed from the office or position which he holds.
(4) Additionally, if a felony occurs while the law enforcement officer is off duty and has possession of the off duty weapon, radio device or duty vehicle, then the law enforcement officer shall be guilty of a felony and, upon conviction, shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) or imprisonment for not more than five (5) years, or by both such fine and imprisonment.
SECTION 2. This act shall take effect and be in force from and after July 1, 2013.