MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Judiciary B
By: Representative Owen
AN ACT TO AMEND SECTION 25-1-87, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS OF LAW REGULATING UNMARKED VEHICLES FOR PURPOSES OF CLARIFICATION; TO AMEND SECTION 45-3-29, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE CRIME OF IMPERSONATING A PATROLMAN SHALL BE A FELONY; TO INCREASE THE MINIMUM TERM OF IMPRISONMENT FOR THE CRIME OF IMPERSONATING A PATROLMAN; TO AMEND SECTION 97-7-44, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE CRIME OF IMPERSONATING A LAW ENFORCEMENT OFFICER SHALL BE A FELONY; TO INCREASE THE PENALTY FOR IMPERSONATING A LAW ENFORCEMENT OFFICER; TO REPEAL SECTION 97-7-43, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE OFFENSE OF IMPERSONATING STATE, COUNTY OR MUNICIPAL OFFICERS OR EMPLOYEES AND IS A DUPLICATIVE SECTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 25-1-87, Mississippi Code of 1972, is amended as follows:
25-1-87. (1) All
motor vehicles owned or leased by the State of Mississippi or any agency, department
or political subdivision thereof, which shall include counties and
municipalities, when such agency or department or political subdivision, which
shall include counties and municipalities, is supported wholly or in part by
public taxes or by appropriations from public funds, shall have painted on both
sides in letters at least three (3) inches in height, and on the rear in
letters not less than one and one-half (1-1/2) inches in height, the name of
the state agency or department, or political subdivision, which shall include
counties and municipalities, in a color which is in contrast with the color of
the vehicle; provided, however, that a permanent decal may be used in lieu of
paint, and provided further, that any * * * state agency or department, or
political subdivision, which shall include counties and municipalities, may
affix a permanent decal or design at least twelve (12) inches in height and
twelve (12) inches in width on both sides of the vehicle with the name of the
municipality within or across the permanent decal or design, and the permanent
design or decal shall be in a color or colors which are in contrast with the
color of the vehicle. No privilege license tag shall be issued for such
vehicle until the name has been painted thereon or a permanent design or decal
affixed thereto as required by this section. A permanent decal may be used in
lieu of paint. The provisions of this paragraph shall not apply to vehicles
used by the Chief Executive of the State of Mississippi, to vehicles owned or
leased by the Department of Economic and Community Development, to vehicles
owned or leased by the Office of the Attorney General, * * * to vehicles owned or leased
motor vehicles operated by the Department of Mental Health or by facilities operated
by the Department of Mental Health and used for transporting patients living in
group homes or alternative living arrangements, up to four (4) vehicles
owned or leased by economic development districts or economic development
authorities, up to three (3) vehicles owned or leased by the Department of
Insurance for use by the State Fire Marshal's Office, up to three (3) vehicles
owned or leased by the Department of Corrections and used only by Community
Services Division officers, to vehicles owned or leased by the Department of
Public Safety for executive protection, and to vehicles owned or leased by the
Agricultural and Livestock Theft Bureau of the Department of Agriculture and
Commerce and used for investigative purposes. The provisions of this paragraph
shall not apply to one (1) vehicle owned or leased by the Executive
Director of the Department of Mental Health, * * *
the Mississippi Division of Medicaid, * * * the
State Department of Rehabilitation Services, * * * the
Mississippi Department of Transportation, * * * the
Commissioner of the Mississippi Department of Corrections, * * * the Mississippi Department of Marine Resources,
or to not more than one (1) vehicle owned or leased by the Department of
Revenue; * * * the State Adjutant General, the
Commissioner of Public Safety, * * * the Alcoholic Beverage Control
Division of the Department of Revenue, * * * the Mississippi Department
of Wildlife, Fisheries and Parks, the Director of the Bureau of Narcotics, * * * the Board of
Pharmacy, the Executive Director of the Mississippi Gaming Commission, the
State Auditor or a president or chancellor of a state institution of higher
learning * * *.
The Governor may authorize
the use of specified unmarked vehicles * * * upon written request of any
state agency department or political subdivision only in instances where such
identifying marks will hinder official investigations. The written
request shall contain the manufacturer's serial number, the state inventory
number, where applicable, and shall set forth why the vehicle should be exempt.
In the event the request is granted, the Governor shall furnish the State
Department of Audit with a copy of his written authority for the use of the
unmarked vehicles. The governing authorities of any municipality or
county may authorize the use of specified, unmarked police vehicles when
identifying marks would hinder official criminal investigations by the police.
The * * * order or resolution authorizing such shall contain the
manufacturer's serial number, the state inventory number, where applicable, and
shall set forth why the vehicle should be exempt from the provisions of this
paragraph. * * * The governing authority * * * shall enter its order or
resolution on the minutes and shall furnish the State Department of Audit with
a certified copy of its order or resolution for the use of the unmarked police
vehicle. The governing authorities of any board or political subdivision of
the State of Mississippi may authorize the use of specified, unmarked vehicles
when identifying marks would hinder official investigations by a sworn law
enforcement officer. The governing authority of any airport or school may
authorize the use of unmarked vehicles when identifying mark will compromise
security at such airport or school. The order or resolution authorizing such
unmarked vehicles shall contain the manufacturer's serial number, the inventory
number, and shall set forth why the vehicle should be exempt from the
provisions of this paragraph. The governing authority shall enter its order or
resolution on the minutes and shall furnish the State Department of Audit with
a certified copy of its order or resolution for the use of the unmarked police
vehicle. The state property auditors of the State Department of Audit
shall personally examine vehicles owned or leased by the State of Mississippi
or any agency, department or commission thereof and report violations of the
provisions of this paragraph to the State Auditor and the Chairman of the Joint
Legislative Committee on Performance Evaluation and Expenditure Review. Any
vehicle found to be in violation of this paragraph shall be reported
immediately to the department head charged with such vehicle, and five (5) days
shall be given for compliance; and if not complied with, such vehicles shall be
impounded by the State Auditor until properly marked or exempted.
Upon notification to the Department of Revenue by the State Auditor that any municipality or political subdivision is not in compliance with this section, the Department of Revenue shall withhold any sales tax due for distribution to any such municipality and any excise tax on gasoline, diesel fuel, kerosene and oil due any such county and for any months thereafter, and shall continue to withhold such funds until compliance with this section is certified to the Department of Revenue by the State Department of Audit.
County-owned motor vehicles operated by the sheriff's department shall not be subject to the provisions of this section, but shall be subject to the provisions of Section 19-25-15. County-owned motor vehicles operated by a family court established pursuant to Section 43-23-1 et seq., shall not be subject to the provisions of this section.
* * *
(2) Any authorization of unmarked vehicles under this section, notwithstanding any other provision of law, shall only apply to vehicles which are for use by sworn officers in the performance of their official duties which include, but are not limited to, ensuring the safety of the public, the apprehension and investigation of criminal offenders, or the investigation of criminal activities, including vehicles.
SECTION 2. Section 45-3-29, Mississippi Code of 1972, is amended as follows:
45-3-29. (1) Except as
otherwise authorized under this section, it shall be unlawful for any person not
authorized so to do to impersonate a state highway safety patrolman, wear or
use the insignia or uniform thereof, or to in anywise imitate or impersonate
such patrolman. Any person adjudged guilty of violating this section shall be
guilty of a * * * felony and upon conviction,
shall be punished by a fine of not more than * * * Five Thousand
Dollars ($5,000.00) or by imprisonment in the * * * custody
of the Department of Corrections for a term not exceeding * * * three (3) years, or by
both such fine and imprisonment. Nothing in this section, however, shall be
construed to prevent or preclude the boards of supervisors of the several
counties from employing county highway patrolmen as presently authorized by
law, and said county patrolmen shall, when authorized by the commissioner and
under rules and regulations with respect thereto, after completing such
examinations and meeting such requirements as are specified by the
commissioner, be entitled to wear the uniform and insignia of state highway
safety patrolmen and discharge the duties thereof.
(2) It shall not be unlawful or a violation of this section for a retired state highway safety patrol officer to wear the uniform and insignia of the state highway safety patrol when making presentations, delivering speeches or addressing public or private audiences for the purpose of entertaining or amusing such audiences provided such retired officer obtains written authorization from the Commissioner of Public Safety before engaging in such events. The approval of the commissioner shall not be required for each separate event but shall remain effective as an authorization for all such events until revoked or rescinded by the commissioner.
SECTION 3. Section 97-7-44, Mississippi Code of 1972, is amended as follows:
97-7-44. (1) Any person who falsely and willfully assumes or pretends to be an officer or employee acting under the authority of the State of Mississippi or any department, agency or officer thereof; or of any county, municipality or any other subdivision of the State of Mississippi, or of any department agency or officer of such county, municipality or subdivision, shall be guilty of a misdemeanor and punished for each separate such offense by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment of not more than six (6) months in jail, or by both such fine and imprisonment.
(2) Any person who violates this section by willfully assuming or pretending to be a law enforcement officer shall be guilty of a felony and shall be subject to a fine of not more than Five Thousand Dollars ($5,000.00) or by imprisonment in the custody of the Department of Corrections for a term not exceeding three (3) years, or by both such fine and imprisonment.
SECTION 4. Section 97-7-43, Mississippi Code of 1972, which provides for the offense of impersonating state, county or municipal officers or employees, is repealed.
SECTION 5. This act shall take effect and be in force from and after July 1, 2025.