Bill Text: MS SB2326 | 2013 | Regular Session | Introduced
Bill Title: Law enforcement officers; revise salary threshold determining full-time status as.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-02-05 - Died In Committee [SB2326 Detail]
Download: Mississippi-2013-SB2326-Introduced.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Accountability, Efficiency, Transparency; Judiciary, Division B
By: Senator(s) Blount
Senate Bill 2326
AN ACT TO AMEND SECTION 45-6-3, MISSISSIPPI CODE OF 1972, TO REVISE THE SALARY THRESHOLD USED TO DISTINGUISH BETWEEN A LAW ENFORCEMENT OFFICER'S STATUS AS EITHER FULL TIME OR PART TIME; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. 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 * * * requires otherwise * * *:
(a) "Commission" means the Criminal Justice Planning Commission.
(b) "Board" means the Board on Law Enforcement Officer Standards and Training.
(c) (i) 1.
"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. * * * As used in this paragraph (c),
"appointed or employed full time" * * * refers to any person * * * receiving gross compensation * * * as a law enforcement officer of * * *
Three
Hundred Twenty-five Dollars ($325.00) or more per week or * * * One
Thousand Four Hundred Dollars ($1,400.00) or more per month.
* * *2. "Part-time law enforcement
officer" * * * means 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. * * * As used in this paragraph (c),
"appointed or employed" * * * refers to a person who is
performing * * * law
enforcement duties at any time, whether * * * with or without
compensation, for duties as a law enforcement officer * * *
if the compensation
is less than * * * the minimum compensation defined in
paragraph (a) of this section.
(ii) For the purposes of this chapter, the terms "law enforcement officer" and "part-time law enforcement officer" do not 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.
( * * *d) "Law enforcement trainee" * * *
means 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 2. This act shall take effect and be in force from and after July 1, 2013.
