MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Judiciary B
By: Representative Ford (73rd)
AN ACT TO AMEND SECTION 17-25-11, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT UPON APPROVAL BY THE COLONEL OF THE MISSISSIPPI HIGHWAY PATROL, A MISSISSIPPI HIGHWAY PATROL OFFICER MAY WEAR THE OFFICIAL UNIFORM AND UTILIZE THE OFFICIAL FIREARM AND OFFICIAL VEHICLE OF THE HIGHWAY PATROL IN THE PERFORMANCE OF PRIVATE SECURITY SERVICES IN OFF-DUTY HOURS; TO PROVIDE THAT SUCH APPROVAL SHALL BE MADE ON AN EMPLOYEE-BY-EMPLOYEE BASIS; 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 or the Mississippi
Highway Patrol 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 of a municipality
must approve of such use of the uniform,
official weapon and vehicle by municipal law enforcement officers by act spread
upon the minutes of such board and approved by the chief executive. The sheriff
of a county must approve such use of the uniform, official weapon and vehicle by deputy sheriffs. Approval shall
be on an employee-by-employee basis and not by general order. Any proceedings regarding
application or approval and the minutes regarding same shall be a public record.
The Colonel of the Mississippi Highway Patrol must approve such use of the uniform,
official weapon and vehicle by highway patrol officers. Approval shall be on an
employee-by-employee basis and not 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 or Colonel of the Mississippi Highway Patrol 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.
(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.