MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Judiciary A
By: Representative Baker
AN ACT TO PROHIBIT A PERSON FROM KNOWINGLY GAINING ACCESS TO A NONPUBLIC AREA OF COMMERCIAL PROPERTY AND ENGAGING IN CERTAIN PROHIBITED CONDUCT; TO PROVIDE DEFINITIONS; TO DESCRIBE THE PROHIBITED CONDUCT; TO PROVIDED THAT ANY PERSON WHO ASSISTS IN VIOLATING THIS ACT SHALL BE HELD JOINTLY LIABLE FOR ALL DAMAGES; TO AUTHORIZE A COURT TO AWARD APPROPRIATE REMEDIES TO A PREVAILING PARTY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) As used in this section, the following words shall have the meaning ascribed herein unless the context indicates otherwise:
(a) "Commercial property" means:
(i) A business property;
(ii) Agricultural or timber production operations, including buildings and all outdoor areas that are not open to the public; and
(iii) Residential property used for business purposes; and
(b) "Nonpublic area" means an area not accessible to or not intended to be accessed by the general public.
(2) A person who knowingly gains access to a nonpublic area of any commercial property and engages in any act that exceeds the person's authority to enter the nonpublic area is liable to the owner and operator of the commercial property for any damages sustained by the owner or operator of the property.
(3) For purposes of this act, the phrase "exceeds a person's authority" any act to enter a nonpublic area of commercial property, including any act by an employee who knowingly enters a nonpublic area of commercial property for a reason other than a bona fide intent of seeking or holding employment or doing business with the employer and without authorization and subsequently:
(a) Captures or removes the employer's data, paper, records, or any other documents and uses the information contained on or in the employer's data, paper, records, or any other documents in a manner that damages the employer;
(b) Records images or sound occurring within an employer's commercial property and uses the recording in a manner that damages the employer;
(c) Places on the commercial property an unattended camera or electronic surveillance device and uses the unattended camera or electronic surveillance device to record images or data for an unlawful purpose;
(d) Conspires in any organized theft of items belonging to the employer; or
(e) Commits an act that substantially interferes with the ownership or possession of the commercial property.
(4) Any person who knowingly directs or assists another person in violating this section shall be held jointly liable for any damages authorized by subsection (5) of this act.
(5) A court may award to a prevailing party in an action brought under this section one or more of the following remedies:
(a) Equitable relief;
(b) Compensatory damages;
(c) Costs and fees, including reasonable attorney's fees; and
(d) In a case where compensatory damages cannot be quantified, a court may award additional damages as otherwise allowed by state or federal law in an amount not to exceed Five Thousand Dollars ($5,000.00) for each day, or portion thereof, which the defendant has violated the provisions of subsection (2) of this section, and that in the court's discretion are comparable with the harm caused to the plaintiff by the defendant's conduct in violation of this section.
(6) The provisions of this section shall not be construed to: (a) diminish the protections provided to employees under state or federal law, or (b) limit any other remedy available at common law; or (c) replace any other remedies provided by law for any act listed in subsection (3) of this section.
(7) The provisions of this section does not apply to a state agency, a state-funded institution of higher education, a law enforcement officer engaged in a lawful investigation of commercial property or of the owner operator of the commercial property.
SECTION 2. This act shall take effect and be in force from and after July 1, 2018.