Bill Text: MS HB565 | 2025 | Regular Session | Introduced
Bill Title: Board on Law Enforcement Officer Standards and Training; require law enforcement agencies to report terminated officers to.
Spectrum: Moderate Partisan Bill (Republican 28-8)
Status: (Introduced) 2025-01-30 - Title Suff Do Pass [HB565 Detail]
Download: Mississippi-2025-HB565-Introduced.html
MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Judiciary B
By: Representatives Anderson (122nd), Arnold, Barnett, Bell (21st), Blackwell, Carpenter, Clark, Estrada, Eure, Faulkner, Grady, Hale, Hall, Harris, Hawkins, Hulum, Johnson, Keen, Kinkade, Ladner, Mangold, Mattox, McKnight, Morgan, Newman, Pigott, Rosebud, Rushing, Sanders, Scoggin, Shanks, Varner, Wallace
House Bill 565
AN ACT TO AMEND SECTION 45-6-11, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT WHEN A LAW ENFORCEMENT OFFICER RESIGNS, THE LAW ENFORCEMENT AGENCY FROM WHICH THE OFFICER HAS RESIGNED MUST PROVIDE THE BOARD ON LAW ENFORCEMENT OFFICER STANDARDS AND TRAINING NOTIFICATION OF THE OFFICER'S ACTION WITHIN A SPECIFIED TIME FRAME; TO PROVIDE THAT WHEN AN OFFICER IS TERMINATED OR RESIGNS, DUE TO DISCIPLINARY ACTION, THE AGENCY SHALL PROVIDE NOTIFICATION OF THE RESIGNATION OR TERMINATION TO THE BOARD AND MUST PROVIDE AN EXPLANATION CONCERNING THE RESIGNATION OR TERMINATION DUE TO SUCH DISCIPLINARY ACTION; TO PRESCRIBE CERTAIN PENALTIES FOR THE FAILURE OF AN AGENCY TO REPORT SUCH ACTION OF AN OFFICER; TO PROVIDE THAT SUCH AGENCY MAY APPEAL THE DECISION OF THE BOARD; TO AMEND SECTION 45-6-19, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; TO BRING FORWARD SECTION 45-6-17, MISSISSIPPI CODE OF 1972, WHICH PERTAINS TO NONCOMPLYING OFFICERS AND OFFICERS WITH CERTIFICATES REVOKED OR SUSPENDED, FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 45-6-11, Mississippi Code of 1972, is amended as follows:
45-6-11. (1) Law
enforcement officers already serving under permanent appointment on July 1,
1981, and personnel of the Division of Community Services under Section 47-7-9 * * * serving on July 1,
1994, shall not be required to meet any requirement of subsections (3) and (4)
of this section as a condition of continued employment; nor shall failure of
any such law enforcement officer to fulfill such requirements make that person
ineligible for any promotional examination for which that person is otherwise
eligible. Provided, however, if any law enforcement officer certified under
the provisions of this chapter leaves his or her employment as such and
does not become employed as a law enforcement officer within two (2) years from
the date of termination of his or her prior employment, he or she
shall be required to comply with board policy as to rehiring standards in order
to be employed as a law enforcement officer; except, that, if any law
enforcement officer certified under this chapter leaves his or her
employment as such to serve as a sheriff, he or she may be employed as a
law enforcement officer after he or she has completed his or her
service as a sheriff without being required to comply with board policy as to
rehiring standards. Part-time law enforcement officers serving on or before
July 1, 1998, shall have until July 1, 2001, to obtain certification as a part-time
officer.
(2) (a) Any person who has twenty (20) years of law enforcement experience and who is eligible to be certified under this section shall be eligible for recertification after leaving law enforcement on the same basis as someone who has taken the basic training course. Application to the board to qualify under this paragraph shall be made no later than June 30, 1993.
(b) Any person who has twenty-five (25) years of law enforcement experience, whether as a part-time, full-time, reserve or auxiliary officer, and who has received certification as a part-time officer, may be certified as a law enforcement officer as defined in Section 45-6-3(c) without having to meet further requirements. Application to the board to qualify under this paragraph shall be made no later than June 30, 2009.
(3) (a) No person shall be appointed or employed as a law enforcement officer or a part-time law enforcement officer unless that person has been certified as being qualified under the provisions of subsection (4) of this section.
(b) No person shall be appointed or employed as a law enforcement trainee in a full-time capacity by any law enforcement unit for a period to exceed one (1) year. No person shall be appointed or employed as a law enforcement trainee in a part-time, reserve or auxiliary capacity by any law enforcement unit for a period to exceed two (2) years. The prohibition against the appointment or employment of a law enforcement trainee in a full-time capacity for a period not to exceed one (1) year or a part-time, reserve or auxiliary capacity for a period not to exceed two (2) years may not be nullified by terminating the appointment or employment of such a person before the expiration of the time period and then rehiring the person for another period. Any person, who, due to illness or other events beyond his control, could not attend the required school or training as scheduled, may serve with full pay and benefits in such a capacity until he can attend the required school or training.
(c) No person shall serve as a law enforcement officer in any full-time, part-time, reserve or auxiliary capacity during a period when that person's certification has been suspended, cancelled or recalled pursuant to the provisions of this chapter.
(4) In addition to the requirements of subsections (3), (7) and (8) of this section, the board, by rules and regulations consistent with other provisions of law, shall fix other qualifications for the employment of law enforcement officers, including minimum age, education, physical and mental standards, citizenship, good moral character, experience and such other matters as relate to the competence and reliability of persons to assume and discharge the responsibilities of law enforcement officers, and the board shall prescribe the means for presenting evidence of fulfillment of these requirements. Additionally, the board shall fix qualifications for the appointment or employment of part-time law enforcement officers to essentially the same standards and requirements as law enforcement officers. The board shall develop and implement a part-time law enforcement officer training program that meets the same performance objectives and has essentially the same or similar content as the programs approved by the board for full-time law enforcement officers and the board shall provide that such training shall be available locally and held at times convenient to the persons required to receive such training.
(5) Any elected sheriff, constable, deputy or chief of police may apply for certification. Such certification shall be granted at the request of the elected official after providing evidence of satisfaction of the requirements of subsections (3) and (4) of this section. Certification granted to such elected officials shall be granted under the same standards and conditions as established by law enforcement officers and shall be subject to recall as in subsection (7) of this section.
(6) The board shall issue a certificate evidencing satisfaction of the requirements of subsections (3) and (4) of this section to any applicant who presents such evidence as may be required by its rules and regulations of satisfactory completion of a program or course of instruction in another jurisdiction or military training equivalent in content and quality to that required by the board for approved law enforcement officer education and training programs in this state, and has satisfactorily passed any and all diagnostic testing and evaluation as required by the board to ensure competency.
(7) Professional certificates remain the property of the board, and the board reserves the right to either reprimand the holder of a certificate, suspend a certificate upon conditions imposed by the board, or cancel and recall any certificate when:
(a) The certificate was issued by administrative error;
(b) The certificate was obtained through misrepresentation or fraud;
(c) The holder has been convicted of any crime involving moral turpitude;
(d) The holder has been convicted of a felony;
(e) The holder has committed an act of malfeasance or has been dismissed from his employing law enforcement agency; or
(f) Other due cause as determined by the board.
(8) When the board believes there is a reasonable basis for either the reprimand, suspension, cancellation of, or recalling the certification of a law enforcement officer or a part-time law enforcement officer, notice and opportunity for a hearing shall be provided in accordance with law prior to such reprimand, suspension or revocation.
(9) Any full- or part-time law enforcement officer aggrieved by the findings and order of the board may file an appeal with the chancery court of the county in which such person is employed from the final order of the board. Such appeals must be filed within thirty (30) days of the final order of the board.
(10) Any full- or part-time law enforcement officer whose certification has been cancelled pursuant to this chapter may reapply for certification, but not sooner than two (2) years after the date on which the order of the board cancelling such certification becomes final.
(11) (a) Any full- or part-time law enforcement officer, who is certified as required by the provisions under this chapter, and such officer resigns from his or her law enforcement agency, then the agency that the officer has resigned from shall notify the board in writing and by email within seventy-two (72) hours of the officer's resignation.
(b) If any full- or part-time law enforcement officer is terminated or resigns due to disciplinary action, the law enforcement agency shall notify the board within seventy-two (72) hours of the termination or resignation, as the case may be, and the agency shall provide in writing and by email to the board, the explanation for the termination or resignation of the officer. The required explanation of such termination or resignation shall be submitted, along with the required notification, within the same seventy-two (72) hour time frame as required under this subsection.
(c) If a law enforcement agency fails to adhere to the reporting requirements of this subsection, as determined by the board, then such agency:
(i) Shall not be eligible for state grants or other subsidiary funding provided by the state; and
(ii) Shall not receive reimbursement for continuing education requirements as provided under Section 45-6-19.
(d) When the board determines that a law enforcement agency failed to adhere to the reporting requirements of this subsection, notice and opportunity for a hearing shall be provided by the board in accordance with law prior to the failure of the reporting.
(e) Any law enforcement agency that is aggrieved by any order or ruling made under the provisions of this subsection has the same rights and procedure of appeal as from any other order or ruling of the board.
(f) The board is authorized to institute and promulgate all rules necessary for implementing the requirements set out under this subsection (11).
SECTION 2. Section 45-6-19, Mississippi Code of 1972, is amended as follows:
45-6-19. (1) The chief of police of any state agency, county, municipality, public two-year or four-year college or university and any extension thereof in the State of Mississippi, and the Pearl River Valley Water Supply District, is required to annually complete twenty (20) hours of executive level continuing education courses which are approved by the Mississippi Board on Law Enforcement Officer Standards and Training. Any new chief of police having never previously served in that capacity, is required to complete forty (40) hours of executive level continuing education courses for his first year of service. Such education courses may be provided by an accredited law enforcement academy or by the Mississippi Association of Chiefs of Police.
(2) Any law enforcement officer of any state agency, county, municipality, public two-year or four-year college or university and any extension thereof in the State of Mississippi, and the Pearl River Valley Water Supply District, is required to annually complete a specified number of hours, as stated in this subsection, of continuing education courses which are approved by the Mississippi Board on Law Enforcement Officer Standards and Training. The following number of hours of continuing education courses is required for law enforcement officers specified in this subsection based upon the number of years following July 1, 2004:
0-2 years after July 1, 2004 ........8 hours of annual training
3-4 years after July 1, 2004 .......16 hours of annual training
5 or more years after July 1, 2004..24 hours of annual training
Such education courses may be provided by an accredited law enforcement academy or by the Mississippi Association of Chiefs of Police.
(3) Except as otherwise provided in Section 45-6-11 (11), the Mississippi Board on Law Enforcement Officer Standards and Training shall reimburse each state agency, county, municipality, public two-year or four-year college or university and any extension thereof or the Pearl River Valley Water Supply District for the expense incurred for chiefs of police and state agency, county, municipal, public two-year or four-year college or university and any extension thereof and the Pearl River Valley Water Supply District law enforcement officers in attendance at approved training programs as required by this section.
(4) Any chief of police or state agency, county, municipal, public two-year or four-year college or university and any extension thereof and the Pearl River Valley Water Supply District law enforcement officer who fails to comply with the provisions of this section shall be subject to having his certification as a chief of police or state agency, county, municipal, public two-year or four-year college or university and any extension thereof and the Pearl River Valley Water Supply District law enforcement officer revoked by the Mississippi Board on Law Enforcement Officer Standards and Training, in accordance with Section 45-6-11.
(5) The Mississippi Board on Law Enforcement Officer Standards and Training is authorized to institute and promulgate all rules necessary for considering the revocation of any municipal chief of police or state agency, county, municipal, public two-year or four-year college or university and any extension thereof and the Pearl River Valley Water Supply District law enforcement officer who does not comply with the provisions of this section, and may grant, for sufficient cause shown, an extension of time in which compliance with the provisions of this section may be made.
(6) Any chief of police or state agency, county, municipal, public two-year or four-year college or university and any extension thereof and the Pearl River Valley Water Supply District law enforcement officer who is aggrieved by any order or ruling made under the provisions of this section has the same rights and procedure of appeal as from any other order or ruling of the Mississippi Board on Law Enforcement Officers Standards and Training.
SECTION 3. Section 45-6-17, Mississippi Code of 1972, is brought forward as follows:
45-6-17. (1) Any full- or part-time law enforcement officer who does not comply with the provisions of this chapter, or whose certificate has been suspended or revoked under provisions of this chapter, shall not be authorized to exercise the powers of law enforcement officers generally, and particularly shall not be authorized to exercise the power of arrest.
(2) Any state agency or political subdivision that employs a person as a full- or part-time law enforcement officer who does not meet the requirements of this chapter, or who employs a person whose certificate has been suspended or revoked under provisions of this chapter, is prohibited from paying the salary of such person, or providing any public monies for the equipment or support of the law enforcement activities of such person and any person violating this subsection shall be personally liable for making such payment.
SECTION 4. This act shall take effect and be in force from and after July 1, 2025.
