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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Crudup
HOUSE BILL NO. 1316
AN ACT TO AMEND SECTIONS 21-21-3 AND 19-25-13, MISSISSIPPI 1
CODE OF 1972, TO REQUIRE EACH SHERIFF OR POLICE OFFICER TO HAVE AT 2
LEAST ONE LESS-LETHAL FORCE OPTION MADE AVAILABLE TO SUCH SHERIFF 3
OR POLICE OFFICER WHILE ON DUTY; AND FOR RELATED PURPOSES. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 5
SECTION 1. Section 21-21-3, Mississippi Code of 1972, is 6
amended as follows: 7
21-21-3. (1) The governing authorities of municipalities 8
shall have the power and authority to employ, regulate and support 9
a sufficient police force or night marshals, to define the duties 10
thereof, and to furnish and supply all suitable and necessary 11
equipment therefor. 12
(2) The equipment provided for under subsection (1) of 13
this section shall include for each police officer, but is not 14
limited to, at least one (1) less-lethal force option such as a 15
stun gun, baton or pepper spray. The equipment described under 16
this subsection shall be made available to an officer while he or 17
she is on duty. 18
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SECTION 2. Section 19-25-13, Mississippi Code of 1972, is 19
amended as follows: 20
19-25-13. The sheriff shall, at the July meeting of the 21
board of supervisors, submit a budget of estimated expenses of his 22
office for the ensuing fiscal year beginning October 1 in such 23
form as shall be prescribed by the Director of the State 24
Department of Audit. The board shall examine this proposed budget 25
and determine the amount to be expended by the sheriff in the 26
performance of his duties for the fiscal year and may increase or 27
reduce that amount as it deems necessary and proper. 28
The budget shall include amounts for compensating the 29
deputies and other employees of the sheriff's office, for 30
insurance providing protection for the sheriff and his deputies in 31
case of disability, death and other similar coverage, for travel 32
and transportation expenses of the sheriff and deputies, for 33
feeding prisoners and inmates of the county jail, and for any 34
other expenses that may be incurred in the performance of the 35
duties of the office of sheriff. Such other expenses shall 36
include for each sheriff and deputy sheriff at least one (1) 37
less-lethal force option such as a stun gun, baton or pepper spray 38
that shall be made available to each sheriff and deputy sheriff 39
while he or she is on duty. In addition, the budget shall include 40
amounts for the payment of premiums on bonds and insurance for the 41
sheriff and his deputies which, in the opinion of the board of 42
supervisors, are deemed necessary to protect the interests of the 43
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county or the sheriff and his deputies. The amounts may include 44
official bonds and any bonds required of his deputies by the 45
sheriff; liability insurance; insurance against false arrest 46
charges; insurance against false imprisonment charges; theft, fire 47
and other hazards insurance; and hospitalization insurance as 48
provided for in Sections 25-15-101 and 25-15-103. The board may 49
authorize the reimbursement of the sheriff and deputies for the 50
use of privately owned automobiles or other motor vehicles in the 51
performance of official duties at the rate provided by law for 52
state officers and employees, or may authorize the purchase by the 53
sheriff of such motor vehicles and such equipment as may be needed 54
for operation of the sheriff's office, the vehicles and equipment 55
to be owned by the county. In counties that have elected to 56
purchase the motor vehicles and the equipment for the operation of 57
the sheriff's office, if a sheriff or deputy shall be required in 58
the performance of his official duties, in the event of an 59
emergency, to use his privately owned automobile or other motor 60
vehicle, the board of supervisors may, in its discretion, 61
authorize the reimbursement for that use at the rate per mile 62
provided by law for state officers and employees. This shall not 63
be construed as giving an officer a choice of whether to use his 64
own or the county's vehicle, but shall be construed so as not to 65
penalize an officer who must use his own vehicle because the 66
county's vehicle was not available. 67
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The board of supervisors, in its discretion, may include in 68
its annual budget for the sheriff's office an amount not to exceed 69
One Thousand Dollars ($1,000.00), which may be expended by the 70
sheriff to provide food, water and beverages for the sheriff, the 71
sheriff's deputies, state, national and local law enforcement 72
officers, emergency personnel, county employees and members of the 73
general public who the sheriff requests to assist him and his 74
office while in the performance of search and rescue missions, 75
disasters or other emergency operations. 76
The board of supervisors may acquire one or more credit cards 77
that may be used by the sheriff and his deputies to pay expenses 78
incurred by them when traveling in or out of state in the 79
performance of their official duties. The chancery clerk or 80
county purchase clerk shall maintain complete records of all 81
credit card numbers and all receipts and other documents relating 82
to the use of those credit cards. The sheriff shall furnish 83
receipts for the use of the credit cards each month to the 84
chancery clerk or purchase clerk who shall submit a written report 85
monthly to the board of supervisors, which report shall include an 86
itemized list of all expenditures and use of the credit cards for 87
the month, and the expenditures may be allowed for payment by the 88
county in the same manner as other items on the claims docket. 89
The issuance of a credit card to a sheriff or his deputy under the 90
provisions of this section shall not be construed to authorize the 91
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sheriff or deputy sheriff to use the credit card to make any 92
expenditure that is not otherwise authorized by law. 93
The board of supervisors is hereby authorized and empowered, 94
in its discretion, to appropriate and pay a sum not to exceed One 95
Thousand Dollars ($1,000.00) annually as a clothing allowance to 96
each plainclothes investigator employed by the sheriff's office of 97
that county. The board of supervisors of any county bordering on 98
the Gulf of Mexico and having a population of more than thirty-one 99
thousand seven hundred (31,700) but less than thirty-one thousand 100
eight hundred (31,800) according to the 1990 Federal Census may 101
appropriate and pay a sum not to exceed One Thousand Dollars 102
($1,000.00) annually as a clothing allowance to the administrator 103
of the county jail. 104
The board of supervisors shall, at its first meeting of each 105
quarter beginning on October 1, January 1, April 1 and July 1, 106
appropriate a lump sum for the sheriff for the expenses of his 107
office during the current quarter. The quarterly appropriation 108
shall be one-fourth (1/4) of the amount approved in the annual 109
budget unless the sheriff requests a different amount. Except in 110
case of emergency, as provided in the county budget law, the 111
appropriation for the quarter beginning in October of the last 112
year of the sheriff's term shall not exceed one-fourth (1/4) of 113
the annual budget. 114
The sheriff shall file a report of all expenses of his office 115
incurred during the preceding month with the board of supervisors 116
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ST: Sheriffs and police officers; require
availability of less-lethal force option while
on duty.
for approval at its regular monthly meeting in a form to be 117
prescribed by the Director of the State Department of Audit, and 118
upon filing thereof, and approval by the board, the clerk of the 119
board shall issue warrants in payment thereof but not to exceed 120
the budget appropriation for that quarter. Any appropriated funds 121
that are unexpended at the end of the fiscal year shall remain in 122
the county general fund. 123
The budget for the sheriff's office may be revised at any 124
regular meeting by the board of supervisors. Upon recommendation 125
of the sheriff, the board may at any regular meeting make 126
supplemental appropriations to the sheriff's office. 127
Any fees previously required to be paid by a sheriff shall be 128
paid by the board of supervisors by including the estimates 129
therefor in the sheriff's budget. All fees and charges for 130
services heretofore collected by sheriffs shall be collected by 131
the sheriff and paid monthly into the general fund of the 132
concerned county. However, any fees heretofore collected by those 133
sheriffs from the county shall not be paid. 134
SECTION 3. This act shall take effect and be in force from 135
and after July 1, 2026. 136