MISSISSIPPI LEGISLATURE

2014 Regular Session

To: Municipalities

By: Representative Bennett

House Bill 1023

AN ACT TO AMEND SECTION 17-25-11, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE POLICE CHIEF OF A MUNICIPALITY MUST APPROVE A MUNICIPAL DEPUTY OFFICER'S USE OF HIS OR HER OFFICIAL UNIFORM AND OFFICIAL WEAPON IN THE PERFORMANCE OF PRIVATE SECURITY SERVICES IN OFF-DUTY HOURS; 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 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 and official weapon by municipal law enforcement officers by act spread upon the minutes of such board and approved by the chief executive. The police chief of a municipality must approve such use of the uniform and official weapon by deputy officers.  The sheriff of a county must approve such use of the uniform and official weapon 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.

     (2)  Each * * *governing board and chief executive police chief or sheriff shall determine before the use of the official uniform and weapon 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 and weapon in the discharge of the officer's private security endeavor promotes the public interest.

     (3)  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 employing the officer for such private security services, and not the acts and omissions of the jurisdiction whose uniform and weapon are approved for such private security use.  An employer employing the officer for private security services shall hold harmless the jurisdiction by which the officer is employed and fully indemnify the jurisdiction for any expense or loss, including attorney's fees, which results from any action taken against the 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.  Neither the state nor any subdivision thereof shall be liable for acts or omissions of an officer in the discharge of the

private security employment duties.

     (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 and weapon may be worn and utilized only at locations which are within the jurisdiction of the governmental entity whose uniform and weapon are.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2014.