Bill Text: MS HB70 | 2018 | Regular Session | Introduced
Bill Title: School resource officers; clarify ability to make arrests on school property.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2018-01-30 - Died In Committee [HB70 Detail]
Download: Mississippi-2018-HB70-Introduced.html
MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Education; Judiciary B
By: Representative Hines
House Bill 70
AN ACT TO AMEND SECTION 37-7-321, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT WHENEVER A SCHOOL DISTRICT EMPLOYS SECURITY PERSONNEL AND DESIGNATES SUCH PERSONNEL AS A PEACE OFFICER, THEN THE SECURITY PERSONNEL HAS THE POWER TO MAKE ARRESTS UPON SCHOOL PROPERTY; TO PROVIDE THAT IF SUCH SECURITY PERSONNEL IS ASSAULTED ON SCHOOL PROPERTY, THEN THE PERSON WHO COMMITS THE ASSAULT IS CRIMINALLY LIABLE AS IF HE OR SHE COMMITTED AN ASSAULT UPON A PEACE OFFICER; TO AMEND SECTION 37-7-323, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-7-321, Mississippi Code of 1972, is amended as follows:
37-7-321. (1) The school board of any school district within the State of Mississippi, in its discretion, may employ one or more persons as security personnel and may designate such persons as peace officers in or on any property operated for school purposes by such board upon their taking such oath and making such bond as required of a constable of the county in which the school district is situated.
(2) (a) Any person employed by a school board as a security guard or school resource officer or in any other position that has the powers of a peace officer must receive a minimum level of basic law enforcement training, as jointly determined and prescribed by the Board on Law Enforcement Officer Standards and Training and the State Board of Education, within two (2) years of the person's initial employment in such position. Upon the failure of any person employed in such position to receive the required training within the designated time, the person may not exercise the powers of a peace officer in or on the property of the school district.
(b) A security guard or school resource officer who is employed and designated a peace officer under the authority of this section has the power to arrest individuals on school property for violations of law. If the security guard or school resource officer is assaulted on school district property, then the person who assaults the security guard or school resource officer is criminally liable to the same extent as if he or she had committed an assault upon a peace officer.
(3) The school board is authorized and empowered, in its discretion, and subject to the approval of the Federal Communications Commission, to install and operate a noncommercial radio broadcasting and transmission station for educational and vocational educational purposes.
(4) If a law enforcement officer is duly appointed to be a peace officer by a school district under this section, the local school board may enter into an interlocal agreement with other law enforcement entities for the provision of equipment or traffic control duties, however, the duty to enforce traffic regulations and to enforce the laws of the state or municipality off of school property lies with the local police or sheriff's department which cannot withhold its services solely because of the lack of such an agreement.
SECTION 2. Section 37-7-323, Mississippi Code of 1972, is amended as follows:
37-7-323. Any act which, if
committed within the limits of a city, town or village, or in any public place,
would be a violation of the general laws of this state, shall be criminal and
punishable if done on the campus, grounds or roads of any of the public schools
of this state. The peace officers duly appointed by the school board of any
school district are vested with the powers, including arresting powers,
and subjected to the duties of a constable for the purpose of preventing all
violations of law on school property within the district, and for preserving
order and decorum thereon. The peace officers duly appointed by the school
board of any school district are also vested with the powers and subjected to
the duties of a constable for the purpose of preventing all violations of law
that occur within five hundred (500) feet of any property owned by the school
district, if reasonably determined to have a possible impact on the safety of
students, faculty or staff of the school district while on said property. * * * However, * * * nothing in this section shall be
interpreted to require action by any such peace officer appointed by a school
district to events occurring outside the boundaries of school property, nor
shall any such school district or its employees be liable for any failure to
act to any event occurring outside the boundaries of property owned by the
school district.
SECTION 3. This act shall take effect and be in force from and after July 1, 2018.
