House Bill 1076

AN ACT TO AMEND SECTION 17-25-11, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE POLICE CHIEF, RATHER THAN THE GOVERNING AUTHORITY OF A MUNICIPALITY, TO APPROVE OFF-DUTY LAW ENFORCEMENT OFFICERS TO USE PUBLIC UNIFORMS, WEAPONS AND OFFICIAL VEHICLES IN PERFORMANCE OF PRIVATE SECURITY SERVICES; TO AUTHORIZE THE GOVERNING AUTHORITY OF A MUNICIPALITY OR A COUNTY SHERIFF TO ENTER INTO AN AGREEMENT WITH A THIRD-PARTY VENDOR TO PROVIDE THE SERVICES INVOLVED IN THE ADMINISTRATIVE PROCEDURES OF PRIVATE SECURITY SERVICE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 17-25-11, Mississippi Code of 1972, is amended as follows:

17-25-11. (1) Certified law enforcement officers or certified part-time law enforcement officers, as defined in Section 45-6-3, who are employed by a county or municipality may wear the official uniform and may utilize the official firearm and the official vehicle issued by the employing jurisdiction while in the performance of private security services in off-duty hours. The * * *~~governing authority~~ police chief of a municipality must approve of such use of the uniform, official weapon and vehicle by municipal law enforcement officers * * *. The sheriff of a county must approve such use of the uniform, official weapon and vehicle by deputy sheriffs. * * * The approval of private security services by a police chief or a sheriff shall not be by general order. Any proceedings regarding application or approval and the minutes regarding same shall be a public record.

(2) Each governing board and chief executive or sheriff shall determine before the use of the official uniform, weapon and vehicle is approved that the proposed employment is not likely to bring disrepute to the employing jurisdiction or its law enforcement agency, the officer at issue, or law enforcement generally, and that the use of the official uniform, weapon and vehicle in the discharge of the officer's private security endeavor promotes the public interest.

(3) (a) Acts and omissions of an officer in discharge of private security employment shall be deemed to be the acts and omissions of the person or entity who hires or enters into any independent contractual service agreement with an officer for the private security services, and not the acts and omissions of the employing jurisdiction whose uniform, weapon and vehicle are approved for the private security use.

(b) The person or entity, and the person's or entity's insurer, who hires or enters into any independent contractual service agreement with an officer for private security services shall:

(i) Hold harmless the employing jurisdiction and fully indemnify the employing jurisdiction for any expense or loss, including attorney's fees and any damage to the official vehicle, which results from any action taken against the employing jurisdiction arising out of the acts or omissions of the officer in discharge of private security services while wearing the official uniform or using the official weapon or vehicle; and

(ii) Name the employing jurisdiction as a named insured on its general liability and automobile liability policies for at least the amount of recovery provided for in Section 11-46-15 for any damage to the official vehicle.

(c) If the person or entity, and the person's or entity's insurer, fails or refuses to endorse, indemnify and hold harmless the employing jurisdiction, the employing jurisdiction shall not approve the use of the official vehicle of the employing jurisdiction for private security services.

(d) Neither the state nor any subdivision thereof shall be liable for a claim or injury arising from the acts or omissions of an officer in the discharge of any private security employment duties under this section, including travel to and from private security employment duties in the official vehicle.

(e) The governing authority of a municipality or a sheriff of a county may enter into an agreement with a third-party vendor to provide the services involved in the administrative procedures of private security services. The term of service, under an agreement, shall not extend beyond one (1) year or beyond the term of the governing authority. Upon the end of the term of service, the agreement may automatically extend for one (1) year periods, not to extend beyond the term of the governing authority.

(4) Certified police officers performing private jobs during their off-duty hours are required to notify the appropriate law enforcement agency of the place of employment, the hours to be worked, and the type of employment.

(5) The official uniform, weapon and vehicle may be worn and utilized only at locations which are within the jurisdiction of the governmental entity whose uniform, weapon and vehicle are involved.

SECTION 2. This act shall take effect and be in force from and after July 1, 2023.