Read the full stored bill text
H. B. No. 1323 *HR26/R1905* ~ OFFICIAL ~ G1/2
26/HR26/R1905
PAGE 1 (GT\KW)
To: Judiciary B;
Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representatives Felsher, Hall
HOUSE BILL NO. 1323
AN ACT TO AMEND SECTION 45-2-1, MISSISSIPPI CODE OF 1972, TO 1
REMOVE SUICIDE AS A LIMITATION FOR RECEIVING BENEFITS FROM THE LAW 2
ENFORCEMENT DEATH BENEFITS TRUST FUND; AND FOR RELATED PURPOSES. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 4
SECTION 1. Section 45-2-1, Mississippi Code of 1972, is 5
amended as follows: 6
45-2-1. (1) Whenever used in this section, the term: 7
(a) "Covered individual" means a law enforcement 8
officer or firefighter, including volunteer firefighters, as 9
defined in this section when employed by an employer as defined in 10
this section; it does not include employees of independent 11
contractors. 12
(b) "Employer" means a state board, commission, 13
department, division, bureau or agency, or a county, municipality 14
or other political subdivision of the state, which employs, 15
appoints or otherwise engages the services of covered individuals. 16
(c) "Firefighter" means an individual who is trained 17
for the prevention and control of loss of life and property from 18
H. B. No. 1323 *HR26/R1905* ~ OFFICIAL ~
26/HR26/R1905
PAGE 2 (GT\KW)
fire or other emergencies, who is assigned to firefighting 19
activity, and is required to respond to alarms and perform 20
emergency actions at the location of a fire, hazardous materials 21
or other emergency incident. 22
(d) "Law enforcement officer" means any lawfully sworn 23
officer or employee of the state or any political subdivision of 24
the state whose duties require the officer or employee to 25
investigate, pursue, apprehend, arrest, transport or maintain 26
custody of persons who are charged with, suspected of committing, 27
or convicted of a crime, whether the officer is on regular duty on 28
full-time status, an auxiliary or reserve officer, or is serving 29
on a temporary or part-time status. 30
(e) "Cause of death" means any cause of death that 31
would be covered under the Public Safety Officers' Benefits Act 32
of * * * 2022, the Hometown Heroes Survivors Benefits Act of 2003, 33
generally codified at 42 USCS Chapter 46, or the Safeguarding 34
America's First Responders Act of 2020. 35
(2) (a) (i) The Department of Public Safety shall make a 36
payment, as provided in this section, in the amount of One Hundred 37
Fifty Thousand Dollars ($150,000.00) when a covered individual, 38
while engaged in the performance of the person's official duties, 39
dies or receives accidental or intentional bodily injury that 40
results in the loss of the covered individual's life and such 41
death is the result of a covered cause of death * * *. 42
H. B. No. 1323 *HR26/R1905* ~ OFFICIAL ~
26/HR26/R1905
PAGE 3 (GT\KW)
(ii) In addition to the payment authorized in 43
subparagraph (i) of this paragraph, the Department of Public 44
Safety shall pay Twenty-five Thousand Dollars ($25,000.00) per 45
child of the covered individual, not to exceed a total payment of 46
Two Hundred Fifty Thousand Dollars ($250,000.00) under this 47
subsection (2). 48
(b) The payment provided for in this subsection shall 49
be made to the beneficiary who was designated in writing by the 50
covered individual, signed by the covered individual and delivered 51
to the employer during the covered individual's lifetime. If no 52
such designation is made, then the payment shall be made to the 53
surviving child or children and spouse in equal portions, and if 54
there is no surviving child or spouse, then to the parent or 55
parents. 56
(c) The payment made in this subsection is in addition 57
to any workers' compensation or pension benefits and is exempt 58
from the claims and demands of creditors of the covered 59
individual. 60
(3) The Department of Public Safety shall make a payment, as 61
provided in this section, in the amount not to exceed Fifteen 62
Thousand Dollars ($15,000.00) to pay funeral and other related 63
burial expenses when a covered individual dies or receives 64
accidental or intentional bodily injury that results in the loss 65
of the covered individual's life. This payment may be made 66
H. B. No. 1323 *HR26/R1905* ~ OFFICIAL ~
26/HR26/R1905
PAGE 4 (GT\KW)
directly to the funeral home chosen by the next of kin and is 67
subject to the availability of funds. 68
(4) (a) There is established in the State Treasury a 69
special fund to be known as the Law Enforcement Officers and Fire 70
Fighters Death Benefits Trust Fund. The trust fund shall maintain 71
a minimum balance of Four Million Dollars ($4,000,000.00), and 72
shall be comprised of any additional funds made available by the 73
Legislature or by donation, contribution, gift or any other 74
source. 75
(b) The State Treasurer shall invest the monies of the 76
trust fund in any of the investments authorized for the funds of 77
the Public Employees' Retirement System under Section 25-11-121, 78
and those investments shall be subject to the limitations 79
prescribed by Section 25-11-121. 80
(c) Unexpended amounts remaining in the trust fund at 81
the end of the state fiscal year shall not lapse into the State 82
General Fund, and any income earned on amounts in the trust fund 83
shall be deposited to the credit of the trust fund. At the end of 84
each state fiscal year, the State Treasurer shall transfer any 85
amount of funds that exceed the minimum required balance in 86
paragraph (a) of this subsection to the Law Enforcement Officers 87
and Fire Fighters Training and Equipment Trust Fund. 88
( * * *5) The Department of Public Safety shall be 89
responsible for the management of the trust fund and the 90
disbursement of death benefits authorized under this section. The 91
H. B. No. 1323 *HR26/R1905* ~ OFFICIAL ~
26/HR26/R1905
PAGE 5 (GT\KW)
ST: Law Enforcement Death Benefits Fund; remove
restriction for suicide deaths.
Department of Public Safety shall adopt rules and regulations 92
necessary to implement and standardize the payment of death 93
benefits under this section, to administer the trust fund created 94
by this section and to carry out the purposes of this section. 95
( * * *6) (a) There is created in the State Treasury a 96
special fund to be known as the Law Enforcement Officers and Fire 97
Fighters Training and Equipment Trust Fund. Money in the fund may 98
be disbursed pursuant to the Law Enforcement Officers and Fire 99
Fighters Training and Equipment Grant Program established in this 100
subsection. The fund shall consist of monies received from any 101
source, including those transferred at the end of each fiscal year 102
from the Law enforcement Death Benefit Trust Fund. Monies 103
remaining in the revolving fund at the end of a fiscal year shall 104
not lapse into the State General Fund, and any interest earned on 105
the fund shall be deposited to the credit of the fund. 106
(b) There is established the Law Enforcement Officers 107
and Fire Fighters Training and Equipment Grant Program in the 108
Department of Public Safety. Upon agreement, the Commissioner of 109
the Department of Public Safety and the State Fire Marshal may 110
award grants for enhanced training or safety equipment for covered 111
individuals. 112
SECTION 2. This act shall take effect and be in force from 113
and after July 1, 2026. 114