House Bill 448

AN ACT TO PROHIBIT A PERSON WHO IS NOT THE SUBJECT OF POLICE CONTACT FROM VIDEO RECORDING LAW ENFORCEMENT ACTIVITY WITHIN A CERTAIN NUMBER OF FEET OF THE LAW ENFORCEMENT OFFICER WHEN THE OFFICER HAS GIVEN A CLEAR, VERBAL INSTRUCTION TO THE PERSON TO STAND NO LESS THAN FIFTEEN FEET AWAY FROM THE LAW ENFORCEMENT ACTIVITY; TO REQUIRE ANY PERSON WHO IS NOT THE SUBJECT OF POLICE CONTACT TO OBTAIN THE LAW ENFORCEMENT OFFICER'S PERMISSION BEFORE RECORDING THE ACTIVITIES OF THE LAW ENFORCEMENT OFFICER; TO AUTHORIZE A PERSON WHO IS THE SUBJECT OF CONTACT WITH A LAW ENFORCEMENT OFFICER TO RECORD THE CONTACT WITHOUT REQUIRING PERMISSION OF THE LAW ENFORCEMENT OFFICER; TO AUTHORIZE A PERSON WHO IS THE OCCUPANT OF A VEHICLE STOP BY A LAW ENFORCEMENT OFFICER TO RECORD ALL ACTIVITY WITHOUT FIRST OBTAINING THE PERMISSION OF THE LAW ENFORCEMENT OFFICER; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) (a) Except as otherwise provided in this section, it shall be unlawful for a person on public property who is not the subject of contact with a law enforcement officer to knowingly make a video recording of any law enforcement activity while standing less than fifteen (15) feet away from the law enforcement activity when the officer has given a clear, verbal instruction to the person to stand no less than fifteen (15) feet away from the law enforcement activity.

The provisions of this section shall not be construed to prohibit any law enforcement officer from requiring a person to stand more than fifteen (15) away from any law enforcement activity.

(b) When the law enforcement activity occurs on private property in an enclosed structure, a person who is the owner of or has authority to manage or control the private property may make a video recording of the law enforcement activity from an adjacent room or area that is less than fifteen (15) feet away from where the activity is occurring, unless the law enforcement officer determines that: (i) the person is interfering in the law enforcement activity, (ii) it is not safe for the person to be in the enclosed area and orders the person to stop recording or to leave the area; or the person needs to stand more than fifteen (15) feet away from where the activity is occurring.

(c) Any person convicted for violation of this section shall be guilty of a misdemeanor and fined no less than Five Hundred Dollars ($500.00), nor more than One Thousand Dollars ($1,000.00) and/or imprisoned in the custody of the county jail up to six (6) months. Upon conviction for a second or subsequent violation of this section, a person shall be guilty of a misdemeanor and fined no less than Two Thousand Dollars ($2,000.00) and/or imprisoned in the custody of the county jail for twelve (12) months.

(d) No person shall be found in violation of this act if the law enforcement officer does not provide a clear, verbal instruction to the person to stand no less than fifteen (15) feet away from the law enforcement activity.

(2) (a) Any person who is the subject of contact with a law enforcement officer may record all contact with the law enforcement officer, including searching, handcuffing or administering a field sobriety test without being required to obtain the permission of the law enforcement officer and without interfering with the lawful actions of the law enforcement officer.

(b) The occupant of a vehicle who is the subject of a police stop is authorized to record all contact of any other occupant of the vehicle with a law enforcement officer without being required to obtain the permission of the law enforcement officer and without interfering with the lawful actions of the law enforcement officer.

(3) The provisions of this section shall not be construed to create a right or authorize any person to make a video recording of law enforcement activity.

SECTION 2. This act shall take effect and be in force from and after its passage.