Bill Text: MS SB2439 | 2024 | Regular Session | Introduced
Bill Title: Board on Law Enforcement Officers Standards and Training; authorize revocation of certification for pattern of proscribed conduct.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2024-03-05 - Died In Committee [SB2439 Detail]
Download: Mississippi-2024-SB2439-Introduced.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Judiciary, Division B
By: Senator(s) Barnett
Senate Bill 2439
AN ACT TO PROHIBIT ANY GOVERNMENTAL AUTHORITY, OR ANY AGENT THEREOF, ANY LAW ENFORCEMENT OFFICER, OR ANY PERSON ACTING ON BEHALF OF A GOVERNMENTAL AUTHORITY, TO ENGAGE IN A PATTERN OR PRACTICE OF CONDUCT BY LAW ENFORCEMENT OFFICERS OR BY OFFICIALS OR EMPLOYEES OF ANY GOVERNMENTAL AGENCY WITH RESPONSIBILITY FOR THE ADMINISTRATION OF JUSTICE OR THE INCARCERATION OF PERSONS THAT DEPRIVES PERSONS OF RIGHTS, PRIVILEGES, OR IMMUNITIES SECURED OR PROTECTED BY THE UNITED STATES CONSTITUTION, MISSISSIPPI CONSTITUTION OF 1890 OR THE LAWS OF THIS STATE; TO PROVIDE THAT A LAW ENFORCEMENT OFFICER WHO ENGAGES IN SUCH CONDUCT SHALL BE SUBJECT TO LOSS OF CERTIFICATION UPON THE COMPLETION OF AN INVESTIGATION BY THE BOARD ON LAW ENFORCEMENT OFFICERS STANDARDS AND TRAINING; TO REQUIRE CERTAIN PERSONS WITH ACTUAL KNOWLEDGE OF SUCH CONDUCT TO REPORT TO THE BOARD ON LAW ENFORCEMENT OFFICERS STANDARDS AND TRAINING; TO REQUIRE CERTAIN HIRING ENTITIES TO MAKE REASONABLE INQUIRY INTO THE EMPLOYMENT HISTORY OF CERTAIN PERSONS; TO PROVIDE CIVIL PENALTIES FOR FAILURE TO COMPLY WITH THE ACT; TO AMEND SECTION 45-6-7, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. As used in this act, the following words shall have the meaning ascribed herein unless the context clearly requires otherwise:
(a) "Board" means the Board on Law Enforcement Officers Standards and Training established under Section 45-6-5.
(b) "Emergency medical technician" means a person as defined in Section 41-59-3(d).
(c) "Law enforcement officer" means a person as defined by Section 45-6-3(c), (d) and (e).
SECTION 2. It shall be unlawful for any governmental authority, or any agent thereof, any law enforcement officer or any person acting on behalf of a governmental authority, to engage in a pattern or practice of conduct by law enforcement officers or by officials or employees of any governmental agency with responsibility for the administration of justice or the incarceration of persons that deprives persons of rights, privileges, or immunities secured or protected by the United States Constitution, Mississippi Constitution of 1890 or the laws of this state.
SECTION 3. (1) Any law enforcement officer who engages in the pattern of conduct proscribed in Section 2 of this act shall be subject to loss of certification upon the completion of an investigation by the board.
(2) Any person, employed as a law enforcement officer, a government employee of any governmental agency with responsibility for the administration of justice or the incarceration of persons or a emergency medical technician with actual knowledge of the pattern of conduct proscribed in Section 2 of this act shall report the conduct to the board. Any person who fails to make a required report under this section shall be subject to a civil penalty of Five Thousand Dollars ($5,000.00).
(3) Any governmental authority, agency or political subdivision shall make reasonable inquiry into the employment history of any law enforcement officer before hiring such officer. A governmental authority, agency or political subdivision that hires a person who engaged in the pattern of conduct proscribed in Section 2 of this act while previously employed shall be subject to a civil penalty of Two Thousand Five Hundred Dollars ($2,500.00) where the employee is hired without the reasonable inquiry required by this subsection.
SECTION 4. 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. The minimum educational and training standards for any law enforcement officer assigned to field or investigative duties shall include at least two (2) hours of training related to handling complaints of human trafficking and commercial sexual exploitation of children as defined in Section 43-21-105, communicating with such victims, and requiring the officer to contact the Department of Child Protection Services when human trafficking or commercial sexual exploitation is suspected.
(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 conduct investigations, including investigations of the proscribed conduct in Section 2 of this act, and 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, which shall include a minimum of two (2) hours of training in a course or courses related to the identification of and support for victims of human trafficking and commercial sexual exploitation.
(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.
SECTION 5. This act shall take effect and be in force from and after its passage.
