House Bill 509

(As Passed the House)

AN ACT TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO DEVELOP A PROGRAM ON HOW PERSONS SHOULD RESPOND TO LAW ENFORCEMENT OFFICERS WHEN STOPPED; TO AMEND SECTION 37-25-5, MISSISSIPPI CODE OF 1972, TO REQUIRE DRIVER'S EDUCATION PROGRAMS TAUGHT IN PUBLIC SCHOOLS TO INCLUDE A PROGRAM DEVELOPED BY THE DEPARTMENT OF PUBLIC SAFETY ON HOW PERSONS SHOULD RESPOND TO LAW ENFORCEMENT OFFICERS WHEN STOPPED; TO REQUIRE NONPUBLIC SCHOOLS THAT OFFER A DRIVER'S EDUCATION PROGRAM TO INCLUDE IN SUCH PROGRAM THE PROGRAM DEVELOPED BY THE DEPARTMENT OF PUBLIC SAFETY ON HOW TO RESPOND TO LAW ENFORCEMENT OFFICERS WHEN STOPPED; AND FOR RELATED PURPOSES.

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

SECTION 1. The Department of Public Safety shall develop a program of study on how persons should properly respond when stopped by law enforcement officers to be taught to students as part of the state driver education and training program and as part of a driver education program taught to students attending nonpublic schools.

SECTION 2. Section 37-25-5, Mississippi Code of 1972, is amended as follows:

37-25-5. The State Superintendent of Public Education shall prepare and recommend to the State Board of Education, and the board shall adopt rules and regulations governing the establishment, conduct and scope of driver education and training programs in secondary schools of this state, subject to the requirements and exceptions set forth in this chapter. Said program shall be established and maintained only in accordance with such rules and regulations. The state driver education and training program in secondary schools of this state shall include a program of study for alcohol and safety education as it pertains to driver and highway safety and shall also include instruction relating to organ and tissue donation and organ and tissue donation procedures, and shall include instruction on the litter laws of the state and the responsibilities of the driver and all passengers to dispose of litter in the proper container. The state driver education and training program in secondary schools of this state shall also include a program of study, developed by the Department of Public Safety under Section 1 of this act, on how persons should properly respond when stopped by law enforcement officers.

The State Superintendent of Public Education shall prepare an administrative budget from funds made available under this chapter which budget shall be approved by the State Board of Education. It shall be the responsibility of the State Superintendent of Public Education to administer this program in accordance with rules and regulations established by the State Board of Education and to appoint the necessary supervisors of safety education and the necessary clerical personnel.

SECTION 3. (a) Any nonpublic school accredited by the State Board of Education or any other accreditation agency that offers a driver's education program shall include as part of such program the program developed by the Department of Public Safety under Section 1 of this act, related to how persons should properly respond when stopped by law enforcement officers.

(b) Any program developed by the Department of Public Safety under Section 1 of this act shall incorporate in that curriculum the constitutional rights that drivers have when encountering a law enforcement officer, including, but not limited to, consent to search and refusal to provide information not pertinent to the traffic stop.

SECTION 4. Any nonpublic school accredited by the State Board of Education or any other accreditation agency that offers a driver's education program shall include as part of such program the program developed by the Department of Public Safety under Section 1 of this act, related to how persons should properly respond when stopped by law enforcement officers.

SECTION 5. This act shall take effect and be in force from and after July 1, 2017.