Bill Text: MS HB998 | 2025 | Regular Session | Introduced
Bill Title: Mental health care personnel; clarify inclusion for enhanced penalties for violence against.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-01-17 - Referred To Judiciary B [HB998 Detail]
Download: Mississippi-2025-HB998-Introduced.html
MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Judiciary B
By: Representative Creekmore IV
House Bill 998
AN ACT TO AMEND SECTION 97-3-7, MISSISSIPPI CODE OF 1972, TO CLARIFY THE INCLUSION OF MENTAL HEALTH CARE PERSONNEL FOR ENHANCED PENALTIES FOR ASSAULT AGAINST HEALTHCARE WORKERS; TO AMEND SECTION 41-9-41, MISSISSIPPI CODE OF 1972, TO REQUIRE ALL HOSPITALS TO HAVE A HOSPITAL POLICE DEPARTMENT; TO AMEND SECTION 41-4-23, MISSISSIPPI CODE OF 1972, TO REQUIRE CAMPUS POLICE AND SECURITY TO BE TRAINED IN THE SAME MANNER AS LAW ENFORCEMENT OFFICERS; TO AMEND SECTION 41-9-3, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF HOSPITAL; TO BRING FORWARD SECTIONS 45-6-3, 45-5-5 AND 45-5-11, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE LAW ENFORCEMENT OFFICERS' TRAINING ACADEMY AND PAYMENT FOR THE TRAINING; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 97-3-7, Mississippi Code of 1972, is amended as follows:
97-3-7. (1) (a) A person is guilty of simple assault if he or she (i) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; (ii) negligently causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or (iii) attempts by physical menace to put another in fear of imminent serious bodily harm; and, upon conviction, he or she shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) months, or both.
(b) However, a person convicted of simple assault upon any of the persons listed in subsection (14) of this section under the circumstances enumerated in subsection (14) shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment for not more than five (5) years, or both.
(2) (a) A person is guilty of aggravated assault if he or she (i) attempts to cause serious bodily injury to another, or causes such injury purposely, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life; (ii) attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or (iii) causes any injury to a child who is in the process of boarding or exiting a school bus in the course of a violation of Section 63-3-615; and, upon conviction, he or she shall be punished by imprisonment in the county jail for not more than one (1) year or sentenced to the custody of the Department of Corrections for not more than twenty (20) years.
(b) However, a person convicted of aggravated assault upon any of the persons listed in subsection (14) of this section under the circumstances enumerated in subsection (14) shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) or by imprisonment for not more than thirty (30) years, or both.
(3) (a) When the offense is committed against a current or former spouse of the defendant or a child of that person, a person living as a spouse or who formerly lived as a spouse with the defendant or a child of that person, a parent, grandparent, child, grandchild or someone similarly situated to the defendant, a person who has a current or former dating relationship with the defendant, or a person with whom the defendant has had a biological or legally adopted child, a person is guilty of simple domestic violence who:
(i) Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another;
(ii) Negligently causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or
(iii) Attempts by physical menace to put another in fear of imminent serious bodily harm.
Upon conviction, the defendant shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) months, or both.
(b) Simple domestic violence: third. A person is guilty of the felony of simple domestic violence third who commits simple domestic violence as defined in this subsection (3) and who, at the time of the commission of the offense in question, has two (2) prior convictions, whether against the same or another victim, within seven (7) years, for any combination of simple domestic violence under this subsection (3) or aggravated domestic violence as defined in subsection (4) of this section or substantially similar offenses under the law of another state, of the United States, or of a federally recognized Native American tribe. Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years.
(4) (a) When the offense is committed against a current or former spouse of the defendant or a child of that person, a person living as a spouse or who formerly lived as a spouse with the defendant or a child of that person, a parent, grandparent, child, grandchild or someone similarly situated to the defendant, a person who has a current or former dating relationship with the defendant, or a person with whom the defendant has had a biological or legally adopted child, a person is guilty of aggravated domestic violence who:
(i) Attempts to cause serious bodily injury to another, or causes such an injury purposely, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life;
(ii) Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or
(iii) Strangles, or attempts to strangle another.
Upon conviction, the defendant shall be punished by imprisonment in the custody of the Department of Corrections for not less than two (2) nor more than twenty (20) years.
(b) Aggravated domestic violence; third. A person is guilty of aggravated domestic violence third who, at the time of the commission of that offense, commits aggravated domestic violence as defined in this subsection (4) and who has two (2) prior convictions within the past seven (7) years, whether against the same or another victim, for any combination of aggravated domestic violence under this subsection (4) or simple domestic violence third as defined in subsection (3) of this section, or substantially similar offenses under the laws of another state, of the United States, or of a federally recognized Native American tribe. Upon conviction for aggravated domestic violence third, the defendant shall be sentenced to a term of imprisonment of not less than ten (10) nor more than twenty (20) years.
(5) Sentencing for fourth or subsequent domestic violence offense. Any person who commits an offense defined in subsection (3) or (4) of this section, and who, at the time of the commission of that offense, has at least three (3) previous convictions, whether against the same or different victims, for any combination of offenses defined in subsections (3) and (4) of this section or substantially similar offenses under the law of another state, of the United States, or of a federally recognized Native American tribe, shall, upon conviction, be sentenced to imprisonment for not less than fifteen (15) years nor more than twenty (20) years.
(6) In sentencing under subsections (3), (4) and (5) of this section, the court shall consider as an aggravating factor whether the crime was committed in the physical presence or hearing of a child under sixteen (16) years of age who was, at the time of the offense, living within either the residence of the victim, the residence of the perpetrator, or the residence where the offense occurred.
(7) Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section.
(8) A person convicted under subsection (4) or (5) of this section shall not be eligible for parole under the provisions of Section 47-7-3(1)(c) until he or she shall have served one (1) year of his or her sentence.
(9) For the purposes of this section:
(a) "Strangle" means to restrict the flow of oxygen or blood by intentionally applying pressure on the neck, throat or chest of another person by any means or to intentionally block the nose or mouth of another person by any means.
(b) "Dating relationship" means a social relationship as defined in Section 93-21-3.
(10) Every conviction under subsection (3), (4) or (5) of this section may require as a condition of any suspended sentence that the defendant participate in counseling or treatment to bring about the cessation of domestic abuse. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court.
(11) (a) Upon conviction under subsection (3), (4) or (5) of this section, the court shall be empowered to issue a criminal protection order prohibiting the defendant from any contact with the victim. The court may include in a criminal protection order any other condition available under Section 93-21-15. The duration of a criminal protection order shall be based upon the seriousness of the facts before the court, the probability of future violations, and the continued safety of the victim or another person. However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. Circuit and county courts may issue a criminal protection order for any period of time deemed necessary. Upon issuance of a criminal protection order, the clerk of the issuing court shall enter the order in the Mississippi Protection Order Registry within twenty-four (24) hours of issuance with no exceptions for weekends or holidays, pursuant to Section 93-21-25.
(b) A criminal protection order shall not be issued against the defendant if the victim of the offense, or the victim's lawful representative where the victim is a minor or incompetent person, objects to its issuance, except in circumstances where the court, in its discretion, finds that a criminal protection order is necessary for the safety and well-being of a victim who is a minor child or incompetent adult.
(c) Criminal protection orders shall be issued on the standardized form developed by the Office of the Attorney General and a copy provided to both the victim and the defendant.
(d) It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. Upon conviction for a violation, the defendant shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) months, or both.
(12) When investigating allegations of a violation of subsection (3), (4), (5) or (11) of this section, whether or not an arrest results, law enforcement officers shall utilize the form prescribed for such purposes by the Office of the Attorney General in consultation with the sheriff's and police chief's associations. However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under this section. The uniform offense report shall not be required if, upon investigation, the offense does not involve persons in the relationships specified in subsections (3) and (4) of this section.
(13) In any conviction under subsection (3), (4), (5) or (11) of this section, the sentencing order shall include the designation "domestic violence." The court clerk shall enter the disposition of the matter into the corresponding uniform offense report.
(14) Assault upon any of the following listed persons is an aggravating circumstance for charging under subsections (1)(b) and (2)(b) of this section:
(a) When acting within
the scope of his or her duty, office or employment at the time of the assault:
a statewide elected official; law enforcement officer; fireman; emergency
medical personnel; health care provider; mental health care provider,
employees of a health care provider * * *, health care facility, mental
health provider or mental health facility; social worker, family protection
specialist or family protection worker employed by the Department of Human
Services or another agency; Division of Youth Services personnel; any county or
municipal jail officer; superintendent, principal, teacher or other
instructional personnel, school attendance officer or school bus driver; any
member of the Mississippi National Guard or United States Armed Forces; a judge
of a circuit, chancery, county, justice, municipal or youth court or a judge of
the Court of Appeals or a justice of the Supreme Court; district attorney or
legal assistant to a district attorney; county prosecutor or municipal
prosecutor; court reporter employed by a court, court administrator, clerk or
deputy clerk of the court; public defender; or utility worker;
(b) A legislator while the Legislature is in regular or extraordinary session or while otherwise acting within the scope of his or her duty, office or employment; or
(c) A person who is sixty-five (65) years of age or older or a person who is a vulnerable person, as defined in Section 43-47-5.
SECTION 2. Section 41-9-41, Mississippi Code of 1972, is amended as follows:
41-9-41. (1) (a) The
governing body of a * * * hospital licensed under this chapter * * * shall establish a hospital police
department * * *.
(b) The Chief of Hospital Police, in accordance with the rules and policy of the governing body, shall appoint qualified individuals to serve as hospital police officers upon any premises owned or leased by the hospital and under the jurisdiction of the governing body.
(c) (i) In the exercise of its authority under this section, a hospital police department shall be subject to the conditions and restrictions established in this section and any conditions and restrictions promulgated by rule by the department or the Department of Public Safety.
(ii) The authority granted under this section does not supersede in any way the authority or duty of other law-enforcement officers to preserve law and order on such hospital premises.
(iii) The authority granted under this section shall be the sole law-enforcement authority for the hospital police department and a hospital police officer.
(d) Hospital police departments shall be subject to the same reporting and accountability requirements as a public police department as provided for by law.
(e) The governing body of the employing hospital shall enter into a memorandum of understanding with a local law enforcement agency with concurrent jurisdiction of the geographic location of the hospital to hold and to maintain a hospital police officer's certification issued by the Board on Law Enforcement Officer Standards and Training.
(2) (a) A person who fulfills the certification requirements prescribed by Title 45, Mississippi Code of 1972, for law-enforcement officers as defined in Section 45-6-3 is considered qualified for appointment as a hospital police officer.
(b) A retired police officer may qualify for appointment as a hospital police officer if he or she meets the certification requirements of paragraph (a) of this subsection.
(3) (a) A hospital police officer may carry a gun and any other dangerous weapon while on duty as long as the officer meets the certification requirements of subsection (2)(a) of this section.
(b) A hospital police officer has and may exercise all the powers and authority of a law enforcement officer as to offenses committed on the premises under the jurisdiction established by the governing body, except arrest where the offense is solely a violation of policy or procedure.
(c) A hospital police officer is subject to all the requirements and responsibilities of a law enforcement officer.
(4) Under this section, a hospital police officer shall:
(a) Preserve law and order on the premises under the jurisdiction of the governing body of the hospital and its affiliated properties;
(b) Preserve law and order on any street, road, or thoroughfare, except controlled access highways, immediately adjacent to or passing through the premises under the jurisdiction of the governing body, to which the officer is assigned by the Chief of Hospital Police, or his or her designee, if a local law-enforcement agency requests a hospital police department to enforce the provisions of Title 63, Chapter 3, Mississippi Code of 1972, under this paragraph (b);
(c) Enforce the general policies and procedures of the hospital as established by the chief executive officer or his or her designee;
(d) Wear a badge with the appropriate inscription while on duty; and
(e) Carry credentials certifying the person's identity and authority as a hospital police officer while on duty.
(5) Under this section a hospital police officer may:
(a) Assist a local law-enforcement agency on public highways. The assistance may be provided when:
1. Traffic is generated as a result of activities or events conducted or sponsored by the hospital; and
2. The assistance has been requested by the local law-enforcement agency; and
(b) Assist a local law-enforcement agency in any location under the agency's jurisdiction at the specific request of the agency.
(6) The salary of a hospital police officer shall be paid by the employing hospital's governing body. The hospital shall furnish each hospital police officer with a firearm and an official uniform and badge to be worn while on duty. The hospital shall furnish credentials certifying the officer's identity and authority as a hospital police officer.
(7) The governing body of the employing hospital may at its pleasure revoke the authority of any hospital police officer and such officers shall serve at the will and pleasure of the governing body. The Chief Hospital Police of the hospital, or his or her designee, shall report the termination of employment of a hospital police officer by submitting notice of the terminated officers to the Board on Law Enforcement Officer Standards and Training. The Chief Hospital Police of the hospital, or his or her designee, shall report the hiring of a hospital police officer by submitting notice of the hired officers to the Board on Law Enforcement Officer Standards and Training.
(8) A hospital police officer shall not be subject to civil or criminal liability unless one of the following applies:
(a) His or her acts or omissions were manifestly outside the scope of employment or official responsibilities;
(b) His or her acts or omissions were with malicious purpose, in bad faith, or in a wanton or reckless manner; or
(c) Liability is expressly imposed upon the hospital police officer by any other provision of this code.
(9) At the expense of the governing body of the hospital, the Department of Public Safety shall train a hospital police officer in crisis de-escalation techniques consistent with the goals and objectives of this section within 180 days of the officer beginning work at the hospital.
(10) This section shall stand repealed on July 1, 2028.
SECTION 3. Section 41-4-23, Mississippi Code of 1972, is amended as follows:
41-4-23. (a) It will be the duty of the director of any mental health or intellectual disability facility under the direction or control of the State Department of Mental Health to designate certain employees as security guards and campus police. The training of qualifications of the security guards and campus police shall comply with the law enforcement requirements of Section 41-9-41. The names, qualifications, and training of such campus police will be reported to the Executive Director of the State Department of Mental Health and spread upon the official minutes of the State Board of Mental Health.
All campus police,
subsequent to employment but prior to performing duties as campus police, will
attend and satisfactorily complete the training course required for law
enforcement officers * * *
described in Section 41-9-41. Campus police training may be at the
expense of the Department of Mental Health and conditioned upon work repayment
by the employee in accordance with educational leave regulations promulgated by
the State Board of Mental Health. Failure to meet repayment obligations may
result in revocation of law enforcement certification in the same manner
provided in Section 37-101-291. A complete record of all law enforcement
training of each employee will be maintained in each employee's record of
employment. A master file of all such employees' training will be kept in the
central office of the State Department of Mental Health.
(b) All campus police will be duly constituted peace officers with powers and duties of a constable but such authority may be exercised only on the premises of institutions under the control of the State Department of Mental Health and public property immediately adjacent to such premises. Each person designated as a security guard or campus police will enter into bond in the penalty amount of not less than Ten Thousand Dollars ($10,000.00), the premium for which shall be paid by the facility employing such security guard or campus police.
(c) All security guards and campus police will exercise their authority while in performance of their duty on any of the facilities under the direction or control of the State Department of Mental Health and public property immediately adjacent to such facilities; will be required to dress in uniforms prescribed by the State Board of Mental Health; and will be authorized to carry weapons. Employees designated as campus police shall be duly sworn and vested with authority to bear arms and make arrests, and shall exercise primarily the responsibilities of the prevention and detection of crime, the apprehension of criminals, and the enforcement of the ordinances and policies of the Department of Mental Health, a political subdivision of the State of Mississippi. Employees designated as campus police shall be considered law enforcement officers within the meaning of Section 45-6-3.
SECTION 4. Section 41-9-3, Mississippi Code of 1972, is amended as follows:
41-9-3. As used in Sections 41-9-1 through 41-9-41, the following words shall have the meaning ascribed in this section unless the context clearly indicates otherwise:
(a) "Hospital"
means a place devoted primarily to the maintenance and operation of facilities
for the diagnosis, treatment and care of individuals suffering from physical or
mental infirmity, illness, disease, injury or deformity, or a place devoted
primarily to providing obstetrical or other medical, surgical or nursing care
of individuals, whether or not any such place be organized or operated for
profit and whether any such place be publicly or privately owned. The term
"hospital" does not include convalescent or boarding homes,
children's homes, homes for the aged or other like establishments where room
and board only are provided, nor does it include offices or clinics where
patients are not regularly kept as bed patients. For the purposes of Section
41-9-41, the term "hospital" shall mean * * *
any hospital premises under the jurisdiction established by the governing body
of * * * a
public or private hospital.
(b) "Person" means any individual, firm, partnership, corporation, company, association or joint-stock association, and the legal successor thereof.
(c) "Governmental unit" means the state, or any county, municipality or other political subdivision or any department, division, board or other agency of any of the foregoing, excluding all federal establishments.
(d) "Licensing agency" means the State Department of Health.
SECTION 5. Section 45-6-3, Mississippi Code of 1972, is brought forward 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) "Commission" means the Criminal Justice Planning Commission.
(b) "Board" means the Board on Law Enforcement Officer Standards and Training.
(c) "Law enforcement officer" means any person appointed or employed full time by the state or any political subdivision thereof, by the state military department as provided in Section 33-1-33 or by a hospital as provided in Section 41-9-41, 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, those district attorney criminal investigators who are designated as law enforcement officers, the acting Commissioner of Public Safety, the acting Director of Mississippi Bureau of Narcotics, the acting Director of the Office of Homeland Security, and any employee of the Department of Public Safety designated by the commissioner who has previously served as a law enforcement officer and who would not otherwise be disqualified to serve in such capacity. 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, other than a deputy sheriff or municipal law enforcement officer, who is receiving gross compensation for his or her 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; for a deputy sheriff or municipal law enforcement officer, the term "appointed or employed full time" means a deputy sheriff or municipal law enforcement officer who is receiving gross compensation for his or her duties as a law enforcement officer of Four Hundred Seventy-five Dollars ($475.00) or more per week or Two Thousand Fifty Dollars ($2,050.00) or more per month.
(d) "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, by the state military department as provided in Section 33-1-33 or by a hospital as provided in Section 41-9-41, 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, other than a deputy sheriff or municipal law enforcement officer, 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; for a deputy sheriff or municipal law enforcement officer, the term "appointed or employed" means a deputy sheriff or municipal law enforcement officer 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 Four Hundred Seventy-five Dollars ($475.00) per week or Two Thousand Fifty Dollars ($2,050.00) per month.
(e) "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, by the state military department as provided in Section 33-1-33 or by a hospital as provided in Section 41-9-41, 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. The term "law enforcement trainee" also includes any employee of the Department of Public Safety so designated by the Commissioner of Public Safety. Individuals under this paragraph 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 6. Section 45-5-5, Mississippi Code of 1972, is brought forward as follows:
45-5-5. The commissioner of public safety is hereby authorized and empowered to establish, maintain and supervise a "law enforcement officers' training academy" for the purpose of providing training facilities for members of the department of public safety and such other law enforcement officers of the state, counties, municipalities or hospitals as provided in Section 41-9-41 as may schedule the use of the same with the commissioner.
The commissioner shall promulgate such reasonable rules and regulations as are necessary; provided, however, that any such rules and regulations shall be published and kept on file in the office of the commissioner and in the administrative office of the academy. To carry out the provisions of this chapter and any such rules and regulations, the commissioner shall appoint a director who shall answer to the commissioner in the performance of his duties. The commissioner shall employ such other technical, professional and clerical assistance as may be required from time to time, and fix their duties and compensation. All employees and other personnel must be qualified by education and experience.
SECTION 7. Section 45-5-11, Mississippi Code of 1972, is brought forward as follows:
45-5-11. (1) The Legislature may appropriate funds to carry out the purposes of this chapter in whole or in part. The commissioner shall establish and charge reasonable tuition fees to be paid. Any municipality, county, district or other political subdivision or agency of the state is hereby authorized to pay the expenses, including tuition, of any of its officers or officer-designees or officers-elect for attending the academy. All municipalities, counties, districts, other political subdivisions and agencies of the state shall comply with subsection (4) of Section 45-6-13 in the event that an officer leaves one governmental entity and becomes employed by another governmental entity within three (3) years. Grants and donations to the academy may be accepted from individuals, firms, corporations, foundations and other interested organizations and societies.
(2) A hospital, as provided in Section 41-9-41, shall pay the expenses, including tuition, of any of its officers or officer designees or officers elect for attending the academy.
SECTION 8. This act shall take effect and be in force from and after July 1, 2025.
