MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Judiciary, Division B
By: Senator(s) Fillingane, Sparks
AN ACT TO AMEND SECTION 45-1-19, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT TO ENFORCE THE CITY OF JACKSON'S MUNICIPAL CODE WITHIN THE BOUNDARIES OF THE CAPITOL COMPLEX IMPROVEMENT DISTRICT; TO DELETE THE PROVISION OF LAW THAT REQUIRES PRIOR WRITTEN APPROVAL FROM THE CHIEF OF THE CAPITOL POLICE OR THE COMMISSIONER OF THE DEPARTMENT OF PUBLIC SAFETY FOR EVENTS WHICH WILL TAKE PLACE ON ANY STREET OR SIDEWALK IMMEDIATELY ADJACENT TO ANY BUILDING OR PROPERTY OWNED OR OCCUPIED BY ANY OFFICIAL, AGENCY, BOARD, COMMISSION, OFFICE OR OTHER ENTITY OF THE STATE OF MISSISSIPPI, OR WHICH CAN REASONABLY BE EXPECTED TO BLOCK, IMPEDE OR OTHERWISE HINDER INGRESS THERETO AND/OR EGRESS THEREFROM; TO AMEND SECTION 9-12-1, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 45-1-19, Mississippi Code of 1972, is amended as follows:
45-1-19. (1) The Department of Public Safety, through the Office of Capitol Police, shall have jurisdiction relative to the enforcement of all laws of the State of Mississippi on the properties, from curb to curb, including adjoining streets, sidewalks and leased parking lots within the Capitol Complex, set forth in Section 29-5-2, the Governor's mansion, the Supreme Court Building, the Mississippi Department of Transportation Building and the Public Employees' Retirement System Building, and any property purchased, constructed or otherwise acquired by the State of Mississippi for conducting state business and not specifically under the supervision and care by any other state entity, but which is reasonably assumed the Department of Public Safety would be responsible for such. The Department of Public Safety shall, through any person or persons appointed by the commissioner, make arrests for any violation of any law of the State of Mississippi on the grounds of or within those properties. The Department of Public Safety shall, in addition, enforce the provisions of this section and Sections 29-5-57 through 29-5-67, 29-5-73 through 29-5-75, and 29-5-81 through 29-5-95, and prescribe such rules and regulations as are necessary therefor. The powers and duties related to the administration of Sections 29-5-57 through 29-5-67, 29-5-73 through 29-5-75, and 29-5-81 through 29-5-95 shall remain with the Department of Finance and Administration.
(2) Subject to the approval of the Board of Trustees of State Institutions of Higher Learning, the Board of Trustees and the Department of Public Safety shall be authorized to enter into a contract for the Department of Public Safety to supply the security personnel with jurisdiction to enforce all laws of the State of Mississippi on the property of the Board of Trustees located at the corner of Ridgewood Road and Lakeland Drive in the City of Jackson.
(3) The Department of Public Safety and the Department of Agriculture are authorized to enter into a contract for the Department of Public Safety to have jurisdiction and enforce all laws of the State of Mississippi on the property of the Department of Agriculture located at 121 North Jefferson Street and the new Farmers Market Building located at the corner of High and Jefferson Streets in the City of Jackson, Hinds County, Mississippi. It is the intent of the Legislature that the Department of Public Safety will not post any security personnel at such buildings, but will provide regular vehicle patrols and responses to security system alarms.
(4) The Department of Public Safety and the Department of Agriculture are authorized to enter into a contract for the Department of Public Safety to have jurisdiction and enforce all laws of the State of Mississippi on the property of the Department of Agriculture known as the "Mississippi State Fairgrounds Complex" and any and all of its outlying buildings and property. The Department of Public Safety and the Department of Agriculture are authorized to enter into a contract for the Department of Public Safety to supply the security personnel to the Department of Agriculture with jurisdiction to enforce all laws of the State of Mississippi on this property and any and all buildings on this property. The Department of Public Safety is authorized to charge the Department of Agriculture a fee for security services provided for special events at the Mississippi State Fairgrounds Complex. The fee charged will be commensurate with the cost associated with the Department of Public Safety providing those services.
(5) The Department of Public Safety and the Department of Revenue are authorized to enter into a contract for the Department of Public Safety to supply the security personnel with jurisdiction to enforce all laws of the State of Mississippi at the Alcoholic Beverage Control facility and the Department of Revenue main office.
(6) (a) The Department of Public
Safety shall have primary jurisdiction relative to any other state or municipal
law enforcement agency to enforce all laws of the State of Mississippi within the
boundaries of the Capitol Complex Improvement District created in Section 29-5-203;
such enforcement shall be its primary function. The Department of Public Safety
may, through any person or persons appointed by the Department of Public Safety,
make arrests for any violation of any law of the State of Mississippi and violations
of the City of Jackson's * * * traffic ordinances * * *
which * * *
occur within the boundaries of the district and within the boundaries of
the City of Jackson . As the law enforcement agency with primary jurisdiction
within the boundaries of the Capitol Improvement District as created in Section
29-5-203, the department shall enforce the City of Jackson's municipal code within
the boundaries of the district. The Department of Public Safety may choose
to present cases to either the District Attorney or the prosecuting attorneys designated
by the Attorney General for prosecution of any violation of law that accrues or
occurs, in whole or in part, within the boundaries established by Section 29-5-203.
The jurisdiction of the Department of Public Safety granted under this subsection
(6) shall be concurrent with the jurisdiction of the City of Jackson, Mississippi,
and that of Hinds County, Mississippi within the boundaries of the Capitol Complex
Improvement District created in Section 29-5-203. At any time and/or during any
event necessitating the coordination of and/or utilization at multiple jurisdictions,
as determined by the Chief of Capitol Police or the Commissioner of the Department
of Public Safety shall be the lead agency when the event occurs on property as defined
herein that is owned or leased by the state as provided in subsection (1) of this
section. The jurisdiction and authority of the Department of Public Safety under
this subsection (6) shall be in addition to any other jurisdiction and authority
provided to the department under this section or any other law.
(b) The Department of Public Safety shall have jurisdiction relative to the enforcement of all laws of the State of Mississippi within the boundaries of the City of Jackson, Mississippi. The Department of Public Safety may, through any person or persons appointed by the Department of Public Safety, make arrests for any violation of any law of the State of Mississippi which occurs within the boundaries of the City of Jackson. The jurisdiction of the Department of Public Safety granted under this paragraph (b) shall not be primary and shall be concurrent with the jurisdiction of the City of Jackson, Mississippi, and that of Hinds County, Mississippi.
* * *
( * * *c) The Chief of the Capitol Police and/or
the Commissioner of the Department of Public Safety, the Chief of the Jackson Police
Department, and the Sheriff of Hinds County shall hold a regular meeting within
the boundaries of the Capitol Complex Improvement District to address the concerns
of the public. Each meeting shall be called by the Chief of the Capitol Police;
and the first meeting shall be called by October 15, 2023.
(7) The Department of Public Safety is authorized to enter into a contract with any county for the county to take custody of the misdemeanor offenders arrested under the authority granted under this section.
(8) All accrued personal leave earned pursuant to Section 25-3-93, accrued major medical leave earned pursuant to Section 25-3-95, accrued state compensatory leave earned pursuant to Section 25-3-92, and compensatory leave earned pursuant to the Fair Labor Standards Act (FLSA) shall transfer from the Department of Finance and Administration to the Department of Public Safety for all employees transferred under this section.
SECTION 2. Section 9-12-1, Mississippi Code of 1972, is amended as follows:
9-12-1. (1) (a) From and after
January 1, 2024, there shall be created one (1) inferior court as authorized by
Article 6, Section 172 of the Mississippi Constitution of 1890, to be located within
the boundaries established in Section 29-5-203 for the Capitol Complex Improvement
District, hereinafter referred to as "CCID". The CCID inferior court
shall have jurisdiction to hear and determine all preliminary matters and criminal
matters authorized by law for municipal courts that accrue or occur, in whole or
in part, within the boundaries of the Capitol Complex Improvement District; and
shall have the same jurisdiction as municipal courts to hear and determine all cases
charging violations of the motor vehicle and traffic laws of this state, and violations
of the City of Jackson's * * * ordinances or municipal
code * * * that
accrue or occur, in whole or in part, within the boundaries of the Capitol Complex
Improvement District.
(b) Any person convicted in the CCID inferior court may be placed in the custody of the Mississippi Department of Corrections, Central Mississippi facility.
(2) The Chief Justice of the Mississippi Supreme Court shall appoint the CCID inferior court judge authorized by this section. The judge shall possess all qualifications required by law for municipal court judges. Such judge shall be a qualified elector of this state, and shall have such other qualifications as provided by law for municipal judges.
(3) The Administrative Office of Courts shall provide compensation for the CCID inferior court judge and the support staff of the judge. Such compensation shall not be in an amount less than the compensation paid to municipal court judges and their support staff in the City of Jackson.
(4) All fines, penalties, fees and costs imposed and collected by the CCID inferior court shall be deposited with the City of Jackson municipal treasurer or equivalent officer.
(5) This section shall stand repealed on July 1, 2027.
SECTION 3. This act shall take effect and be in force from and after its passage.