MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Judiciary B
By: Representative Moak
AN ACT TO REQUIRE ANY PERSON WHO EMPLOYS A LAW ENFORCEMENT OFFICER AS DEFINED BY LAW TO ADOPT A POLICY REGULATING THE USE OF ELECTRONIC CONTROL DEVICES BY SUCH LAW ENFORCEMENT OFFICER; TO PROVIDE THE MINIMUM REQUIREMENTS FOR SUCH POLICY; TO AMEND SECTIONS 45-6-3, 45-6-7, AND 45-6-13, MISSISSIPPI CODE OF 1972, TO REQUIRE THE BOARD ON LAW ENFORCEMENT OFFICER STANDARDS AND TRAINING TO REGULATE AND MANAGE THE ADOPTION OF ELECTRONIC CONTROL DEVICE POLICIES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. By July 1, 2016, any person who employs a law enforcement officer as defined by Section 45-6-3, shall adopt a policy regulating the use of electronic control devices by such law enforcement officer. For purposes of this section, "Electronic Control Device" means a device primarily designed to disrupt an individual's central nervous system by means of deploying electrical energy sufficient to cause uncontrolled muscle contractions and override an individual's voluntary motor responses. The policy shall include at least all of the following model requirements:
(a) Electronic control devices are less-lethal, but not necessarily nonlethal, alternatives to lethal force.
(b) Officers may deploy an electronic control device only:
(i) Against subjects who are exhibiting active aggression or who are actively resisting in a manner that, in the officer's judgment, is likely to result in injuries to others or themselves; or
(ii) If, without further action or intervention by the officer, injuries to the subject or others will likely occur.
(c) Neither an officer, a subject, or a third party has to actually suffer an injury before an officer is permitted to use an electronic control device, and officers are not required to use alternatives that increase the danger to the public or themselves. (d) When it is safe to do so, officers shall attempt to de-escalate situations and shall provide a warning prior to deploying an electronic control device.
(e) Electronic control devices shall not be used in a punitive or coercive manner and shall not be used to awaken, escort, or gain compliance from passively resisting subjects. The act of fleeing or of destroying evidence, in and of itself, does not justify the use of an electronic control device.
(f) The use of electronic control devices shall comply with all recommendations by manufacturers for the reduction of risk of injury to subjects, including situations where a subject's physical susceptibilities are known.
(g) Electronic control devices shall be used in a manner that recognizes the potential additional risks that can result from situations:
(i) Involving persons who are in an emotional crisis that may interfere with their ability to understand the consequences of their actions or to follow directions;
(ii) Involving persons with disabilities whose disability may impact their ability to communicate with an officer, or respond to an officer's directions; and
(iii) Involving higher risk populations that may be more susceptible to injury as a result of electronic control devices.
(h) Electronic control devices shall not be used on animals unless necessary to deter vicious or aggressive behavior that threatens the safety of officers or others.
SECTION 2. 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) "Board" means the Board on Law Enforcement Officer Standards and Training.
( * * *b) "Commission" means the
Criminal Justice Planning Commission.
* * *
(c) "Electronic Control Device" means a device primarily designed to disrupt an individual's central nervous system by means of deploying electrical energy sufficient to cause uncontrolled muscle contractions and override an individual's voluntary motor responses.
( * * *d) "Law enforcement
officer" means any person appointed or employed full time by the state or
any political subdivision thereof, or by the state military department as
provided in Section 33-1-33, 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, and includes those district attorney criminal investigators who are
designated as law enforcement officers. 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 who is receiving
gross compensation for his 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.
( * * *e) "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
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
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.
( * * *f) "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 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. Such individuals 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 3. Section 45-6-7, Mississippi Code of 1972, is amended as follows:
45-6-7. In addition to the powers conferred upon the board elsewhere in this chapter, the board shall have power to:
(a) Promulgate rules and regulations for the administration of this chapter, including the authority to require the submission of reports and information by law enforcement agencies of the state and its political subdivisions.
(b) Establish minimum educational and training standards for admission to employment or appointment as a law enforcement officer or a part-time law enforcement officer: (i) in a permanent position; and (ii) in a probationary status.
(c) Certify persons as being qualified under the provisions of this chapter to be law enforcement officers or part-time law enforcement officers.
(d) Revoke certification for cause and in the manner provided in this chapter. The board is authorized to subpoena documents regarding revocations. The board shall maintain a current list of all persons certified under this chapter who have been placed on probation, suspended, subjected to revocation of certification, or any combination of these.
(e) Establish minimum curriculum requirements for basic and advanced courses and programs for schools operated by or for the state or any political subdivision thereof for the specific purpose of training police and other law enforcement officers, both full- and part-time.
(f) Consult and cooperate with counties, municipalities, state agencies, other governmental agencies, and with universities, colleges, community and junior colleges and other institutions concerning the development of training schools, programs or courses of instruction for personnel defined in this chapter.
(g) Make recommendations concerning any matter within its purview pursuant to this chapter.
(h) Make such inspection and evaluation as may be necessary to determine if governmental units are complying with the provisions of this chapter.
(i) Approve law enforcement officer training schools for operation by or for the state or any political subdivision thereof for the specific purpose of training personnel defined in this chapter.
(j) Upon the request of agencies employing personnel defined in this chapter, conduct surveys or aid municipalities and counties to conduct surveys through qualified public or private agencies and assist in the implementation of any recommendations resulting from such surveys.
(k) Upon request of agencies within the purview of this chapter, conduct general and specific management surveys and studies of the operations of the requesting agencies at no cost to those agencies. The role of the board under this subsection shall be that of management consultant.
(l) Adopt and amend regulations consistent with law, for its internal management and control of board programs.
(m) Enter into contracts or do such things as may be necessary and incidental to the administration of this chapter.
(n) Establish jointly with the State Board of Education the minimum level of basic law enforcement training required of persons employed by school districts as school security guards, or school resource officers or in other positions that have the powers of a peace officer.
(o) Require each training school to include curriculum regarding the use of electronic control devices by law enforcement officers.
(p) Establish a procedure to monitor use of training for electronic control devices.
SECTION 4. Section 45-6-13, Mississippi Code of 1972, is amended as follows:
45-6-13. (1) The board shall establish, provide or maintain law enforcement training programs through such agencies and institutions as the board may deem appropriate.
(2) The board shall authorize, but only from such funds authorized and appropriated by the Legislature, the reimbursement to each political subdivision and to state agencies of at least fifty percent (50%) of the allowable salary and allowable tuition, living and travel expense incurred by law enforcement officers in attendance at approved training programs, provided said political subdivisions and state agencies do in fact adhere to the selection and training standards established by the board. The board shall authorize, but only from such funds authorized and appropriated by the Legislature, the direct funding of a part-time law enforcement officer training program. The board shall require the payment of a reasonable tuition fee to aid in funding the costs of administering the part-time law enforcement officer training program.
(3) The board is authorized to expend funds for the purpose of providing a professional library and training aids that will be available to state agencies and political subdivisions.
(4) If any full- or part-time law enforcement officer in this state who is employed by a municipality, county or other governmental entity shall, within three (3) years after the date of his employment, resign from, or be terminated from, employment by such entity and immediately become employed by another governmental entity in a law enforcement capacity, then the governmental entity by which the resigned or terminated officer is employed shall reimburse the governmental entity from which the officer resigned or was terminated a proportionate share of the officer's law enforcement training expenses which were incurred by such entity, if any.
(5) The Mississippi Board on Law Enforcement Officers Standards and Training shall reimburse each county for the expenses incurred by sheriffs and deputy sheriffs for attendance at approved training programs as provided in Section 25-3-25.
(6) The board shall create rules and regulations to ensure that the requirements of Section 1, House Bill No. , 2015 Regular Session are exercised by any person who employs a law enforcement officer.
SECTION 5. This act shall take effect and be in force from and after July 1, 2015.