Senate Bill 2430

AN ACT TO AUTHORIZE THE GOVERNING BODY OF AN EDUCATIONAL ENTITY TO ESTABLISH A POLICE DEPARTMENT; TO AUTHORIZE THE GOVERNING BODY OF AN EDUCATIONAL ENTITY TO APPOINT QUALIFIED INDIVIDUALS TO SERVE AS LAW ENFORCEMENT OFFICERS UPON ANY PREMISES OWNED OR LEASED BY THE EDUCATIONAL ENTITY AND UNDER THE JURISDICTION OF THE GOVERNING BODY; TO AUTHORIZE THE DEPARTMENT OF PUBLIC SAFETY TO PROMULGATE RESTRICTIONS AND CONDITIONS UPON THE EXERCISE OF AUTHORITY UNDER THIS SECTION; TO REQUIRE THE GOVERNING BOARD OF THE EMPLOYING EDUCATIONAL ENTITY TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH A LOCAL LAW ENFORCEMENT AGENCY TO HOLD AND MAINTAIN THE CERTIFICATION OF AN EDUCATIONAL ENTITY'S LAW ENFORCEMENT OFFICER; TO PROVIDE THE CERTIFICATION STANDARDS AND THE DUTIES OF A LAW ENFORCEMENT OFFICER OF AN EDUCATIONAL ENTITY; TO PROVIDE THAT THE SALARY OF AN EDUCATIONAL ENTITY LAW ENFORCEMENT OFFICER SHALL BE PAID BY THE EMPLOYING EDUCATIONAL ENTITY'S GOVERNING BODY; TO PROVIDE THAT AN OFFICER SHALL SERVE AT THE WILL AND PLEASURE OF THE GOVERNING BODY; TO PROVIDE FOR A LIMITATION OF LIABILITY FOR A LAW ENFORCEMENT OFFICER OF AN EDUCATIONAL ENTITY; TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO TRAIN LAW ENFORCEMENT OFFICERS OF AN EDUCATIONAL ENTITY IN CRISIS DE-ESCALATION TECHNIQUES AT THE EXPENSE OF THE EDUCATIONAL ENTITY; AMEND SECTIONS 45-5-5, 45-5-11 AND 45-6-3, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) As used in this act, "educational entity" means an independent school that is a member of the Mississippi Association of Independent Schools, a private college or private university.

(2) (a) The governing body of an educational entity may establish a school police department.

(b) The Chief of Police, in accordance with the rules and policy of the governing body, shall appoint qualified individuals to serve as law enforcement officers upon any premises owned or leased by the educational entity and under the jurisdiction of the educational entity's governing body.

(c) (i) In the exercise of its authority under this section, a police department shall be subject to the conditions and restrictions established in this section and any conditions and restrictions promulgated by rule by the department or the Department of Public Safety.

(ii) The authority granted under this section does not supersede in any way the authority or duty of other law enforcement officers to preserve law and order on the premises of an educational entity.

(iii) The authority granted under this section shall be the sole law enforcement authority for the educational entity's police department and a law enforcement officer of such department.

(d) Police departments authorized under this section shall be subject to the same reporting and accountability requirements as a public police department as provided for by law.

(e) The governing body of the employing educational entity shall enter into a memorandum of understanding with a local law enforcement agency with concurrent jurisdiction of the geographic location of the educational entity to hold and to maintain the certification issued by the Board on Law Enforcement Officer Standards and Training of a law enforcement officer of an educational entity. Without the memorandum of understanding required by this section, a educational entity's police department shall lose its law enforcement authority granted under this section. A local law enforcement agency may withdraw from a memorandum of understanding executed with an educational entity at any time without any required notice to the educational entity.

(3) (a) A person who fulfills the certification requirements prescribed by Title 45, Mississippi Code of 1972, for law enforcement officers as defined in Section 45-6-3 is considered qualified for appointment as a law enforcement officer under this section.

(b) A retired law enforcement officer may qualify for appointment as a law enforcement officer under this section if he or she meets the certification requirements of paragraph (a) of this subsection.

(4) (a) A law enforcement officer authorized under this section may carry a gun and any other dangerous weapon while on duty as long as the officer meets the certification requirements of subsection (3)(a) of this section.

(b) A law enforcement officer authorized under this section has and may exercise all the powers and authority of a law enforcement officer as to offenses committed on the premises under the jurisdiction established by the educational entity's governing body, except arrest where the offense is solely a violation of school policy or procedure.

(c) A law enforcement officer authorized under this section is subject to all the requirements and responsibilities of a law enforcement officer as otherwise provided by law or by rule or regulation promulgated by the Commissioner of the Department of Public Safety or the Board on Law Enforcement Officer Standards and Training.

(5) Under this section, a law enforcement officer shall:

(a) Preserve law and order on the premises under the jurisdiction of the governing body of the educational entity and its affiliated properties;

(b) Preserve law and order on any street, road, or thoroughfare, except controlled access highways, immediately adjacent to or passing through the premises under the jurisdiction of the governing body, to which the officer is assigned by the Chief of Police, or his or her designee, if a local law enforcement agency requests an educational entity's police department to enforce the provisions of Title 63, Chapter 3, Mississippi Code of 1972, under this paragraph (b);

(c) Enforce the general policies and procedures of the educational entity as established by the governing body of the educational entity;

(d) Wear a badge with the appropriate inscription while on duty; and

(e) Carry credentials certifying the person's identity and authority as a law enforcement officer of the educational entity while on duty.

(6) Under this section a law enforcement officer may:

(a) Assist a local law enforcement agency on public highways. The assistance may be provided when:

(i) Traffic is generated as a result of activities or events conducted or sponsored by the educational activity; and

(ii) The assistance has been requested by the local law enforcement agency; and

(b) Assist a local law enforcement agency in any location under the agency's jurisdiction at the specific request of the agency.

(7) The salary of a law enforcement officer authorized under this section shall be paid by the employing educational entity's governing body. The educational entity shall furnish each school law enforcement officer with a firearm and an official uniform and badge to be worn while on duty. The educational entity shall furnish credentials certifying the law enforcement officer's identity and authority as a law enforcement officer of the educational entity.

(8) The governing body of the employing educational entity may at its pleasure revoke the authority of any law enforcement officer authorized under this section and such officers shall serve at the will and pleasure of the governing body. The Chief of Police of the educational entity, or his or her designee, shall report the termination of employment of a law enforcement officer of the educational entity by submitting the law enforcement officer's notice of termination to the Board on Law Enforcement Officer Standards and Training. The Chief of Police of the educational entity, or his or her designee, shall report the hiring of a school law enforcement officer by submitting notice of the hired officer to the Board on Law Enforcement Officer Standards and Training.

(9) A law enforcement officer authorized under this section shall not be subject to civil or criminal liability unless one of the following applies:

(a) His or her acts or omissions were manifestly outside the scope of employment or official responsibilities;

(b) His or her acts or omissions were with malicious purpose, in bad faith, or in a wanton or reckless manner; or

(c) Liability is expressly imposed upon the law enforcement officer of the educational entity by any other provision of this code.

(10) At the expense of the governing body of the educational entity, the Department of Public Safety shall train a law enforcement officer in crisis de-escalation techniques consistent with the goals and objectives of this section within six (6) months of the officer beginning work at the school.

(11) This section shall stand repealed on July 1, 2028.

SECTION 2. Section 45-5-5, Mississippi Code of 1972, is amended as follows:

45-5-5. The commissioner of public safety is hereby authorized and empowered to establish, maintain and supervise a "law enforcement officers' training academy" for the purpose of providing training facilities for members of the Department of Public Safety and such other law enforcement officers of the state, counties, municipalities, educational entities as provided in Section 1 of this act, or hospitals as provided in Section 41-9-41, as may schedule the use of the same with the commissioner.

The commissioner shall promulgate such reasonable rules and regulations as are necessary; provided, however, that any such rules and regulations shall be published and kept on file in the office of the commissioner and in the administrative office of the academy. To carry out the provisions of this chapter and any such rules and regulations, the commissioner shall appoint a director who shall answer to the commissioner in the performance of his duties. The commissioner shall employ such other technical, professional and clerical assistance as may be required from time to time, and fix their duties and compensation. All employees and other personnel must be qualified by education and experience.

SECTION 3. Section 45-5-11, Mississippi Code of 1972, is amended as follows:

45-5-11. (1) The Legislature may appropriate funds to carry out the purposes of this chapter in whole or in part. The commissioner shall establish and charge reasonable tuition fees to be paid. Any municipality, county, district or other political subdivision or agency of the state is hereby authorized to pay the expenses, including tuition, of any of its officers or officer-designees or officers-elect for attending the academy. All municipalities, counties, districts, other political subdivisions and agencies of the state shall comply with subsection (4) of Section 45-6-13 in the event that an officer leaves one governmental entity and becomes employed by another governmental entity within three (3) years. Grants and donations to the academy may be accepted from individuals, firms, corporations, foundations and other interested organizations and societies.

(2) A hospital, as provided in Section 41-9-41, shall pay the expenses, including tuition, of any of its officers or officer designees or officers elect for attending the academy.

(3) An educational entity, as provided in Section 1 of this act, shall pay the expenses, including tuition, of any of its officers or officer designees or officers elect for attending the academy.

SECTION 4. Section 45-6-3, Mississippi Code of 1972, is amended as follows:

45-6-3. For the purposes of this chapter, the following words shall have the meanings ascribed herein, unless the context shall otherwise require:

(a) "Commission" means the Criminal Justice Planning Commission.

(b) "Board" means the Board on Law Enforcement Officer Standards and Training.

(c) "Law enforcement officer" means any person appointed or employed full time by the state or any political subdivision thereof, by the state military department as provided in Section 33-1-33, an educational entity as provided in Section 1 of this act, or by a hospital as provided in Section 41-9-41, who is duly sworn and vested with authority to bear arms and make arrests, and whose primary responsibility is the prevention and detection of crime, the apprehension of criminals and the enforcement of the criminal and traffic laws of this state and/or the ordinances of any political subdivision thereof. The term "law enforcement officer" also includes employees of the Department of Corrections who are designated as law enforcement officers by the Commissioner of Corrections pursuant to Section 47-5-54, those district attorney criminal investigators who are designated as law enforcement officers, the acting Commissioner of Public Safety, the acting Director of Mississippi Bureau of Narcotics, the acting Director of the Office of Homeland Security, and any employee of the Department of Public Safety designated by the commissioner who has previously served as a law enforcement officer and who would not otherwise be disqualified to serve in such capacity. However, the term "law enforcement officer" shall not mean or include any elected official or any person employed as a legal assistant to a district attorney in this state, compliance agents of the State Board of Pharmacy, or any person or elected official who, subject to approval by the board, provides some criminal justice related services for a law enforcement agency. As used in this paragraph, "appointed or employed full time" means any person, other than a deputy sheriff or municipal law enforcement officer, who is receiving gross compensation for his or her duties as a law enforcement officer of Two Hundred Fifty Dollars ($250.00) or more per week or One Thousand Seventy-five Dollars ($1,075.00) or more per month; for a deputy sheriff or municipal law enforcement officer, the term "appointed or employed full time" means a deputy sheriff or municipal law enforcement officer who is receiving gross compensation for his or her duties as a law enforcement officer of Four Hundred Seventy-five Dollars ($475.00) or more per week or Two Thousand Fifty Dollars ($2,050.00) or more per month.

(d) "Part-time law enforcement officer" shall mean any person appointed or employed in a part-time, reserve or auxiliary capacity by the state or any political subdivision thereof, by the state military department as provided in Section 33-1-33, an educational entity as provided in Section 1 of this act, or by a hospital as provided in Section 41-9-41, who is duly sworn and vested with authority to bear arms and make arrests, and whose primary responsibility is the prevention and detection of crime, the apprehension of criminals and the enforcement of the criminal and traffic laws of this state or the ordinances of any political subdivision thereof. However, the term "part-time law enforcement officer" shall not mean or include any person or elected official who, subject to approval by the board, provides some criminal justice related services for a law enforcement agency. As used in this paragraph, "appointed or employed" means any person, other than a deputy sheriff or municipal law enforcement officer, who is performing such duties at any time whether or not they receive any compensation for duties as a law enforcement officer provided that such compensation is less than Two Hundred Fifty Dollars ($250.00) per week or One Thousand Seventy-five Dollars ($1,075.00) per month; for a deputy sheriff or municipal law enforcement officer, the term "appointed or employed" means a deputy sheriff or municipal law enforcement officer who is performing such duties at any time whether or not they receive any compensation for duties as a law enforcement officer provided that such compensation is less than Four Hundred Seventy-five Dollars ($475.00) per week or Two Thousand Fifty Dollars ($2,050.00) per month.

(e) "Law enforcement trainee" shall mean any person appointed or employed in a full-time, part-time, reserve or auxiliary capacity by the state or any political subdivision thereof, by the state military department as provided in Section 33-1-33, an educational entity as provided in Section 1 of this act, or by a hospital as provided in Section 41-9-41, for the purposes of completing all the selection and training requirements established by the board to become a law enforcement officer or a part-time law enforcement officer. The term "law enforcement trainee" also includes any employee of the Department of Public Safety so designated by the Commissioner of Public Safety. Individuals under this paragraph shall not have the authority to use force, bear arms, make arrests or exercise any of the powers of a peace officer unless:

(i) The trainee is under the direct control and supervision of a law enforcement officer;

(ii) The trainee was previously certified under this chapter; or

(iii) The trainee is a certified law enforcement officer in a reciprocating state.

SECTION 5. This act shall take effect and be in force from and after July 1, 2024.