MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Judiciary A
By: Representative Miles
AN ACT TO AMEND SECTIONS 45-3-29 AND 97-7-44, MISSISSIPPI CODE OF 1972, TO REVISE THE PENALTY FOR IMPERSONATING A LAW ENFORCEMENT OFFICER; TO REPEAL SECTION 97-7-43, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE OFFENSE OF IMPERSONATING STATE, COUNTY OR MUNICIPAL OFFICERS OR EMPLOYEES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 45-3-29, Mississippi Code of 1972, is amended as follows:
45-3-29. (1) Except as
otherwise authorized under this section, it shall be unlawful for any person
not authorized so to do to impersonate a state highway safety patrolman, wear
or use the insignia or uniform thereof, or to in anywise imitate or impersonate
such patrolman. Any person adjudged guilty of violating this section 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 by imprisonment in the * * *
custody of the
Department of Corrections * * * for a term
not exceeding * * * three (3) years, or by both such fine and imprisonment.
Nothing in this section, however, shall be construed to prevent or preclude the
boards of supervisors of the several counties from employing county highway
patrolmen as presently authorized by law, and said county patrolmen shall, when
authorized by the commissioner and under rules and regulations with respect
thereto, after completing such examinations and meeting such requirements as
are specified by the commissioner, be entitled to wear the uniform and insignia
of state highway safety patrolmen and discharge the duties thereof.
(2) It shall not be unlawful or a violation of this section for a retired State Highway Safety Patrol officer to wear the uniform and insignia of the State Highway Safety Patrol when making presentations, delivering speeches or addressing public or private audiences for the purpose of entertaining or amusing such audiences provided such retired officer obtains written authorization from the Commissioner of Public Safety before engaging in such events. The approval of the commissioner shall not be required for each separate event but shall remain effective as an authorization for all such events until revoked or rescinded by the commissioner.
SECTION 2. Section 97-7-44, Mississippi Code of 1972, is amended as follows:
97-7-44. (1) Any person who falsely and willfully assumes or pretends to be an officer or employee acting under the authority of the State of Mississippi or any department, agency or officer thereof; or of any county, municipality or any other subdivision of the State of Mississippi, or of any department agency or officer of such county, municipality or subdivision, shall be guilty of a misdemeanor and punished for each separate such offense by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment of not more than six (6) months in jail, or by both such fine and imprisonment.
(2) Any person who violates this section by willfully assuming or pretending to be a law enforcement officer shall be guilty of a felony and shall be subject to a fine of not more than Five Thousand Dollars ($5,000.00) or by imprisonment in the custody of the Department of Corrections for a term not exceeding three (3) years, or by both such fine and imprisonment.
SECTION 3. Section 97-7-43, Mississippi Code of 1972, which provides for the offense of impersonating state, county or municipal officers or employees, is repealed.
SECTION 4. This act shall take effect and be in force from and after July 1, 2014.