Department of Public Safety; consolidate offices and revise provisions related to.

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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives Horan, Hale

HOUSE BILL NO. 1612
(As Sent to Governor)

AN ACT TO AMEND SECTION 45-1-2, MISSISSIPPI CODE OF 1972, TO 1
CONSOLIDATE CERTAIN OFFICES WITHIN THE DEPARTMENT OF PUBLIC 2
SAFETY; TO AMEND SECTION 19-5-371, MISSISSIPPI CODE OF 1972, TO 3
DELETE THE REPEALER ON SECTION 19-5-357, WHICH IS THE PROVISION OF 4
LAW THAT AUTHORIZES A FEE ON EACH SUBSCRIBER SERVICE LINE WITHIN 5
THE STATE OF MISSISSIPPI TO FUND TRAINING BY THE BOARD OF 6
EMERGENCY TELECOMMUNICATIONS STANDARDS AND TRAINING; TO AMEND 7
SECTION 41-61-75, MISSISSIPPI CODE OF 1972, TO INCREASE THE FEE 8
PAID TO THE STATE MEDICAL EXAMINER PER COMPLETED AUTOPSY; TO AMEND 9
SECTION 63-21-39, MISSISSIPPI CODE OF 1972, TO INCREASE THE FEE 10
THE DEPARTMENT OF PUBLIC SAFETY CHARGES FOR THE COMPLETION OF A 11
SAFETY INSPECTION FOR THE PURPOSE OF REQUESTING A BRANDED TITLE ON 12
A VEHICLE WITH A SALVAGE CERTIFICATE OF TITLE; TO AMEND SECTION 13
45-3-21, MISSISSIPPI CODE OF 1972, TO VEST THE OFFICERS OF THE 14
DEPARTMENT OF PUBLIC SAFETY ASSIGNED BY THE COMMISSIONER TO 15
TRANSPORT AND PROTECT STATE OFFICIALS OR DIGNITARIES WHILE ACTING 16
IN THEIR OFFICIAL CAPACITIES WITH THE POWER OF GENERAL POLICE 17
OFFICERS ANYWHERE IN THE STATE WHILE IN THE PERFORMANCE OF THEIR 18
DUTIES; AND FOR RELATED PURPOSES. 19
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 20
SECTION 1. Section 45-1-2, Mississippi Code of 1972, is 21
amended as follows: 22
45-1-2. (1) The Executive Director of the Department of 23
Public Safety shall be the Commissioner of Public Safety. 24
(2) The Commissioner of Public Safety shall establish the 25
organizational structure of the Department of Public Safety, which 26
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shall include the creation of any units necessary to implement the 27
duties assigned to the department and consistent with specific 28
requirements of law, including, but not limited to: 29
(a) * * * The Mississippi State Patrol which shall be 30
the uniformed divisions of the Department of Public Safety, which 31
shall include: 32
(i) The Office of the Mississippi Highway Safety 33
Patrol; 34
(ii) The Office of the Commercial Transportation 35
Enforcement Division; and 36
(iii) The Office of Capitol Police; 37
(b) * * * The Mississippi Bureau of Investigation, 38
which shall include: 39
(i) The Bureau of Criminal Investigations; 40
(ii) The Bureau of Narcotics; 41
(iii) The Bureau of Homeland Security, which may 42
also be referred to as the Office of Homeland Security; and 43
(iv) The Bureau of Forensics, which may also be 44
referred to as the Office of Forensic Laboratories and shall 45
include the Mississippi Forensics Laboratory and the State Medical 46
Examiner; 47
(c) * * * The Mississippi Law Enforcement Division, 48
which shall include: 49
(i) The Office of Public Safety and Planning; 50
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(ii) The Office of the Mississippi Law Enforcement 51
Officers' Training Academy; 52
(iii) The Driver Services Bureau; and 53
(iv) The Office of Standards and Training; and 54
(d) * * * Support Services, which shall include all 55
other support divisions related to the operations of the 56
Department of Public Safety. 57
* * * 58
(3) The department shall be headed by a commissioner, who 59
shall be appointed by and serve at the pleasure of the Governor. 60
The appointment of the commissioner shall be made with the advice 61
and consent of the Senate. The commissioner shall have, at a 62
minimum, a bachelor's degree from an accredited college or 63
university. 64
(4) Notwithstanding any provision of law to the contrary, 65
the commissioner shall appoint heads of offices, who shall serve 66
at the pleasure of the commissioner. The commissioner shall have 67
the authority to organize the offices established by subsection 68
(2) of this section as deemed appropriate to carry out the 69
responsibilities of the department. The commissioner may assign 70
to the appropriate offices such powers and duties as deemed 71
appropriate to carry out the department's lawful functions. The 72
organization charts of the department shall be presented annually 73
with the budget request of the Governor for review by the 74
Legislature. 75
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(5) The commissioner shall appoint, from within the 76
Department of Public Safety, a statewide safety training officer 77
who shall serve at the pleasure of the commissioner and whose duty 78
it shall be to perform public training for both law enforcement 79
and private persons throughout the state concerning proper 80
emergency response to the mentally ill, terroristic threats or 81
acts, domestic conflict, other conflict resolution, and such other 82
matters as the commissioner may direct. 83
(6) The commissioner, after consultation with the 84
Mississippi Association of Chiefs of Police and the Mississippi 85
Sheriffs' Association, shall be responsible for establishing 86
guidelines for response to active shooter situations and any 87
related jurisdictional issues. 88
(7) The commissioner shall establish within the department 89
the Mississippi Office of Homeland Security for the purpose of 90
seeing that the laws are faithfully executed and for the purpose 91
of investigating cyber-related crimes and suppressing crimes of 92
violence and acts of intimidation and terror. The commissioner is 93
hereby authorized to employ within the Office of Homeland Security 94
a director, investigators and other qualified personnel as he may 95
deem necessary to make investigation of cyber-related crimes, 96
crimes of violence and acts of terrorism or intimidation, to aid 97
in the arrest and prosecution of persons charged with such 98
cyber-related crimes, crimes of violence, acts of terrorism or 99
intimidation, or threats of violence and to perform other duties 100
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as necessary to accomplish these purposes. Investigators and 101
other law enforcement personnel employed by the commissioner shall 102
have full power to investigate, apprehend, and arrest persons 103
committing cyber-related crimes, acts of violence, intimidation, 104
or terrorism anywhere in the state, and shall be vested with the 105
power of police officers in the performance of such duties as 106
provided herein. Such investigators and other personnel shall 107
perform their duties under the direction of the commissioner, or 108
his designee. The commissioner shall be authorized to offer and 109
pay suitable rewards to other persons for aiding in such 110
investigation and in the apprehension and conviction of persons 111
charged with cyber-related crimes, acts of violence, or threats of 112
violence, or intimidation, or acts of terrorism. 113
(8) The commissioner shall establish within the Office of 114
Homeland Security a Mississippi Analysis and Information Center 115
(MSAIC Fusion Center) which shall be the highest priority for the 116
allocation of available federal resources for statewide 117
information sharing, including the deployment of personnel and 118
connectivity with federal data systems. Subject to appropriation 119
therefor, the Mississippi Fusion Center shall employ three (3) 120
regional analysts dedicated to analyzing and resolving potential 121
threats identified by the agency's statewide social media 122
intelligence platform and the dissemination of school safety 123
information. 124
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(9) Nothing within this section shall expand or contract the 125
eligibility for service retirements benefits under Section 126
25-13-3. 127
SECTION 2. Section 19-5-371, Mississippi Code of 1972, is 128
amended as follows: 129
19-5-371. Sections 19-5-303, 19-5-313, 19-5-319, 19-5-331, 130
19-5-333, 19-5-335, 19-5-337, 19-5-339, 19-5-341, 19-5-353, * * * 131
19-5-359 and 19-5-361 shall stand repealed from and after July 1, 132
2028. 133
SECTION 3. Section 41-61-75, Mississippi Code of 1972, is 134
amended as follows: 135
[From and after January 1, 2024, and through December 31, 136
2027, this section shall read as follows:] 137
41-61-75. (1) For each investigation with the preparation 138
and submission of the required reports, the following fees shall 139
be billed to and paid by the county for which the service is 140
provided: 141
(a) A medical examiner or his deputy shall receive One 142
Hundred Eighty-five Dollars ($185.00) for each completed report of 143
investigation of death, plus the examiner's actual expenses. In 144
addition to that fee, in cases where the cause of death was sudden 145
infant death syndrome (SIDS) and the medical examiner provides a 146
SIDS Death Scene Investigation report, the medical examiner shall 147
receive for completing that report an additional Fifty Dollars 148
($50.00), or an additional One Hundred Dollars ($100.00) if the 149
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medical examiner has received advanced training in child death 150
investigations and presents to the county a certificate of 151
completion of that advanced training. The State Medical Examiner 152
shall develop and prescribe a uniform format and list of matters 153
to be contained in SIDS/Child Death Scene Investigation reports, 154
which shall be used by all county medical examiners and county 155
medical examiner investigators in the state. 156
(b) The pathologist performing autopsies as provided in 157
Section 41-61-65 shall receive * * * One Thousand Two Hundred 158
Dollars ($1,200.00) per completed autopsy, plus mileage expenses 159
to and from the site of the autopsy, and shall be reimbursed for 160
any out-of-pocket expenses for third-party testing, not to exceed 161
One Hundred Dollars ($100.00) per autopsy. 162
(2) (a) When a medical examiner, physician or pathologist 163
is subpoenaed for appearance and testimony before a grand jury, 164
courtroom trial or deposition as a result of their duties as a 165
State Medical Examiner, physician or pathologist, the office with 166
which the subpoenaed professional is employed shall be entitled to 167
bill an expert witness hourly fee and mileage expenses to and from 168
the site of the testimony, and such amount shall be paid by the 169
jurisdiction or party issuing the subpoena. 170
(b) The expert witness fee shall be set by the 171
director, and the expert fee shall be a reasonable fee considering 172
the prevailing rates of other comparably respected available 173
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experts. The fee under this paragraph (b) shall be made payable 174
to the Office of the State Medical Examiner. 175
[From and after January 1, 2028, this section shall read as 176
follows:] 177
41-61-75. (1) For each investigation with the preparation 178
and submission of the required reports, the following fees shall 179
be billed to and paid by the county for which the service is 180
provided: 181
(a) A medical examiner or his deputy shall receive One 182
Hundred Ninety-five Dollars ($195.00) for each completed report of 183
investigation of death, plus the examiner's actual expenses. In 184
addition to that fee, in cases where the cause of death was sudden 185
infant death syndrome (SIDS) and the medical examiner provides a 186
SIDS Death Scene Investigation report, the medical examiner shall 187
receive for completing that report an additional Fifty Dollars 188
($50.00), or an additional One Hundred Dollars ($100.00) if the 189
medical examiner has received advanced training in child death 190
investigations and presents to the county a certificate of 191
completion of that advanced training. The State Medical Examiner 192
shall develop and prescribe a uniform format and list of matters 193
to be contained in SIDS/Child Death Scene Investigation reports, 194
which shall be used by all county medical examiners and county 195
medical examiner investigators in the state. 196
(b) The pathologist performing autopsies as provided in 197
Section 41-61-65 shall receive * * * One Thousand Two Hundred 198
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Dollars ($1,200.00) per completed autopsy, plus mileage expenses 199
to and from the site of the autopsy, and shall be reimbursed for 200
any out-of-pocket expenses for third-party testing, not to exceed 201
One Hundred Dollars ($100.00) per autopsy. 202
(2) (a) When a medical examiner, physician or pathologist 203
is subpoenaed for appearance and testimony before a grand jury, 204
courtroom trial or deposition as a result of their duties as a 205
State Medical Examiner, physician or pathologist, the office with 206
which the subpoenaed professional is employed shall be entitled to 207
bill an expert witness hourly fee and mileage expenses to and from 208
the site of the testimony, and such amount shall be paid by the 209
jurisdiction or party issuing the subpoena. 210
(b) The expert witness fee shall be set by the 211
director, and the expert fee shall be a reasonable fee considering 212
the prevailing rates of other comparably respected available 213
experts. The fee under this paragraph (b) shall be made payable 214
to the Office of the State Medical Examiner. 215
SECTION 4. Section 63-21-39, Mississippi Code of 1972, is 216
amended as follows: 217
63-21-39. (1) (a) An owner who scraps, dismantles or 218
destroys a vehicle and a person who purchases a vehicle as scrap 219
or to be dismantled or destroyed shall indicate same on the back 220
of the certificate of title and shall immediately cause the 221
certificate of title and any other documents required by the 222
department to be mailed or delivered to the department for 223
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cancellation. A certificate of title of the vehicle shall not 224
again be issued except upon application containing the information 225
the department requires, accompanied by a certificate of 226
inspection in the form and content specified in Section 227
63-21-15(5) and proof of payment of a fee as provided in 228
subsection (2) of this section. Before a used motor vehicle parts 229
dealer or scrap metal processor may purchase or receive a motor 230
vehicle from the owner or authorized agent of the owner of the 231
motor vehicle for the purpose of scrapping, dismantling or 232
destroying the motor vehicle, the used motor vehicle parts dealer 233
or scrap metal processor must verify under Section 63-21-18 the 234
absence of any lien on the motor vehicle. If a lien exists on the 235
motor vehicle, the used motor vehicle parts dealer or scrap metal 236
processor may not purchase or receive the motor vehicle for the 237
purpose of scrapping, dismantling or destroying the vehicle, and 238
may not purchase or receive the motor vehicle for such purposes 239
during any time for which a lien exists on the motor vehicle. 240
(b) Notwithstanding any other provision of this chapter 241
to the contrary, if the owner or authorized agent of the owner has 242
not obtained a title in his or her name for the vehicle to be 243
transferred, has lost the title for the vehicle to be transferred, 244
or has returned the title to the department in accordance with 245
paragraph (a) of this subsection, he or she may sign a statement 246
swearing that, in addition to the foregoing conditions, the 247
vehicle is at least ten (10) model years old. The statement 248
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described in this paragraph may be used only to transfer such a 249
vehicle to a licensed used motor vehicle parts dealer or scrap 250
metal processor. The department shall promulgate a form for the 251
statement which shall include, but not be limited to: 252
(i) A statement that the vehicle shall never be 253
titled again; it must be dismantled or scrapped; 254
(ii) A description of the vehicle including the 255
year, make, model and vehicle identification number; 256
(iii) The name, address, and driver's license 257
number, nondriver identification card number or tribal 258
identification card number of the owner; 259
(iv) A certification that the owner: 260
1. Never obtained a title to the vehicle in 261
his or her name; or 262
2. Was issued a title for the vehicle, but 263
the title was lost or stolen; 264
(v) A certification that the vehicle: 265
1. Is at least ten (10) model years old; and 266
2. Is not subject to any security interest or 267
lien; 268
(vi) An acknowledgment that the owner and buyer of 269
the vehicle realizes this form will be filed with the department 270
and that: 271
1. It is a misdemeanor, punishable by a fine 272
of not more than One Thousand Dollars ($1,000.00) or imprisonment 273
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for not more than six (6) months, or both, for conviction of a 274
first offense of knowingly falsifying any information on this 275
statement; and 276
2. It is a felony, punishable by a fine of 277
not less than One Thousand Dollars ($1,000.00) nor more than Five 278
Thousand Dollars ($5,000.00) or imprisonment for not less than one 279
(1) year nor more than five (5) years, or both, for conviction of 280
a second or subsequent offense of knowingly falsifying any 281
information on this statement; 282
(vii) The owner's signature and the date of the 283
transaction; 284
(viii) The name and address of the business 285
acquiring the vehicle; 286
(ix) The National Motor Vehicle Title Information 287
System identification number; and 288
(x) The business agent's signature and date along 289
with a printed name and title if the agent is signing on behalf of 290
a corporation. 291
(c) Until such time as the department makes available 292
an Internet-based system, the used motor vehicle parts dealer or 293
scrap metal processor shall mail or otherwise deliver the 294
statement required under paragraph (b) of this subsection (1) to 295
the department within three (3) business days of the completion of 296
the transaction, requesting that the department cancel the 297
Mississippi certificate of title and registration. Once the 298
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department develops an Internet-based system, the used motor 299
vehicle parts dealer or scrap metal processor shall utilize such 300
system and within two (2) business days electronically submit the 301
information contained in the statement using that system. 302
(d) Within two (2) business days of each day's close of 303
business, the used motor vehicle parts dealer or scrap metal 304
processor who purchases or receives motor vehicles for scrap or 305
for parts shall deliver in a format approved by the department, by 306
electronic means once developed and made available by the 307
department, a list of all such vehicles purchased that day for 308
scrap or for parts. That list shall contain the following 309
information: 310
(i) The name, address and contact information for 311
the reporting entity; 312
(ii) The vehicle identification numbers of such 313
vehicles; 314
(iii) The dates such vehicles were obtained; 315
(iv) The names of the individuals or entities from 316
whom the vehicles were obtained, for use by law enforcement 317
personnel and appropriate governmental agencies only; 318
(v) A statement of whether the vehicles were, or 319
will be, crushed or disposed of, or offered for sale or other 320
purposes; 321
(vi) A statement of whether the vehicle is 322
intended for export out of the United States; and 323
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(vii) The National Motor Vehicle Title Information 324
System identification number of the business acquiring the 325
vehicle. 326
In addition, the used motor vehicle parts dealer or scrap 327
metal processor must certify compliance with the requirements of 328
Section 63-21-39(1)(a). 329
(e) (i) For purposes of this subsection, the term 330
"motor vehicle" shall not include a vehicle which has been crushed 331
or flattened by mechanical means such that it is no longer the 332
motor vehicle as described by the certificate of title, or such 333
that the vehicle identification number is no longer visible or 334
accessible. 335
(ii) In cases in which crushed or flattened 336
vehicles are purchased or received, the purchasing or receiving 337
used motor vehicle parts dealer or scrap metal processor shall 338
verify that the seller has reported the vehicles in accordance 339
with this subsection. Such verification may be in the form of a 340
certification from the seller or a contract between the seller and 341
the purchasing or receiving used motor vehicle parts dealer or 342
scrap metal processor attesting to the seller's compliance with 343
the reporting requirements of this subsection. Such verification 344
must clearly identify the seller by a government issued photograph 345
identification card or employer identification number, and the 346
verification and copy of the identification card or number shall 347
be maintained by the purchasing or receiving used motor vehicle 348
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parts dealer or scrap metal processor for a period of not less 349
than two (2) years. 350
(f) The information obtained by the department in 351
accordance with paragraph (d) of this subsection (1) shall be 352
reported to the National Motor Vehicle Title Information System, 353
in a format that will satisfy the requirement for reporting this 354
information, in accordance with rules adopted by the United States 355
Department of Justice in 28 CFR 25.56. 356
(g) Until such time as the department develops and 357
makes available the Internet-based system described in paragraph 358
(d) of this subsection, the used motor vehicle parts dealer or 359
scrap metal processor who purchases or receives motor vehicles for 360
scrap or for parts shall deliver the information required by 361
paragraph (d) to the National Motor Vehicle Title Information 362
System through any data consolidator approved by such system, 363
within forty-eight (48) hours of the day the vehicle was purchased 364
or acquired by such used motor vehicle parts dealer or scrap metal 365
processor which shall satisfy the requirements of paragraph (d). 366
(h) The information obtained by the department in 367
accordance with paragraph (d) of this subsection (1) shall be made 368
available only to law enforcement agencies and for purposes of 369
canceling certificates of title. The information shall otherwise 370
be considered to be confidential business information of the 371
respective reporting entities. 372
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(i) All records required under the provisions of this 373
subsection shall be maintained for a period of two (2) years by 374
the reporting entity and shall include a scanned or photocopied 375
copy of the seller's or seller's representative's driver's license 376
or state-issued identification card or other valid form of 377
identification. 378
(j) A person who knowingly and willfully violates this 379
subsection (1), or any person who knowingly and willfully 380
falsifies or assists another person in falsifying the statement or 381
information required under paragraph (b) or (d) of this 382
subsection, or any person who knowingly and willfully sells a 383
vehicle upon which there is an unsatisfied lien or security 384
interest, or who purchases a vehicle without complying with either 385
paragraph (a) or (b) of this subsection and who knowingly and 386
willfully destroys or dismantles a vehicle upon which he knows 387
that there is an unsatisfied lien or security interest shall: 388
(i) Be guilty of a misdemeanor, punishable by a 389
fine not more than One Thousand Dollars ($1,000.00) or 390
imprisonment for not more than six (6) months, or both, for 391
conviction of a first offense; or 392
(ii) Upon conviction of a second or subsequent 393
offense, a felony, punishable by imprisonment for not less than 394
one (1) year nor more than five (5) years or a fine of not less 395
than One Thousand Dollars ($1,000.00) nor more than Five Thousand 396
Dollars ($5,000.00), or both. 397
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In addition, the court may order each person convicted to pay 398
restitution to any party suffering monetary loss in the amount of 399
such loss. No part of any sentence imposed by the court shall be 400
suspended unless such restitution has been paid in full. 401
(k) A person who knowingly and willfully fails to 402
deliver the title as required under paragraph (a) of this 403
subsection, or the statement required under paragraph (b) of this 404
subsection to the department within seventy-two (72) hours of the 405
completion of the transaction, or who, until such time as the 406
department develops and makes available the Internet-based system 407
described in paragraph (d), fails to deliver the information 408
required by paragraph (d) to the National Motor Vehicle Title 409
Information System through any data consolidator approved by such 410
system, within two (2) business days of the day the vehicle was 411
purchased or acquired by such used motor vehicle parts dealer or 412
scrap metal processor shall be in violation of this section, and 413
subject to a civil penalty of up to One Thousand Dollars 414
($1,000.00) per violation. Actions to impose this penalty may be 415
brought by any local or state law enforcement agency, district 416
attorney, or by the Attorney General, in any court of competent 417
jurisdiction. One-half (1/2) of the monies generated from such 418
civil penalties shall be deposited in a special fund created in 419
the State Treasury for use by the department's Title Bureau, and 420
one-half (1/2) of the monies generated from such civil penalties 421
shall be deposited in the general fund of the municipality if the 422
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suit was brought in a municipal court, or in the general fund of 423
the county if the suit was brought in the court of a county. 424
(2) For the purpose of requesting a branded title on a 425
vehicle with a salvage certificate of title, every owner of a 426
vehicle that has been issued a salvage certificate of title in 427
this state or any other state which has been restored in this 428
state to its operating condition which existed prior to the event 429
which caused the salvage certificate of title to be issued shall 430
make application to the department, accompanied by a certificate 431
of inspection issued by the Department of Public Safety in the 432
form and content specified in Section 63-21-15(5) and the payment 433
of a fee of * * * One Hundred Twenty-five Dollars ($125.00) for 434
each motor vehicle for which a certificate of inspection is 435
issued. In addition, the Department of Public Safety may charge 436
such a person a fee in the amount of * * * Fifty Dollars ($50.00) 437
for performing any vehicle identification number verification 438
required by federal law or regulation for the vehicle for which 439
the person is applying for a title. All such monies shall be 440
collected by the Department of Public Safety and paid to the State 441
Treasurer for deposit in a special fund that is hereby created in 442
the State Treasury to be known as the "Salvage Certificate of 443
Title Fund." Monies in the special fund may be expended by the 444
Department of Public Safety, upon appropriation by the 445
Legislature. The department shall establish by regulation the 446
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minimum requirements by which a vehicle which has been issued a 447
salvage certificate of title may be issued a branded title. 448
(3) Before a branded title may be issued for a vehicle for 449
which a salvage certificate of title has been issued, the 450
applicant shall submit, by hand delivery or mail, such documents 451
and information to the Department of Public Safety as the 452
department may require for the purpose of determining if the 453
vehicle complies with the requirements of this section and all 454
applicable regulations promulgated by the Commissioner of Public 455
Safety and the department. The Department of Public Safety also 456
may require that an applicant bring a vehicle for which 457
application for a branded title is being made to a Highway Patrol 458
facility for a visual inspection whenever the department deems 459
that a visual inspection is necessary or advisable. Nothing in 460
this section shall be construed to prohibit inspectors of the 461
Mississippi Highway Patrol from conducting on-site inspections and 462
investigations of motor vehicle rebuilders or motor vehicle repair 463
businesses to determine if such businesses are in compliance with 464
all applicable laws relating to the motor vehicle title laws of 465
this state and regulations promulgated by the Commissioner of 466
Public Safety and the department. 467
SECTION 5. Section 45-3-21, Mississippi Code of 1972, is 468
amended as follows: 469
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45-3-21. (1) The powers and duties of the Highway Safety 470
Patrol shall be, in addition to all others prescribed by law, as 471
follows: 472
(a) To enforce all of the traffic laws, rules and 473
regulations of the State of Mississippi upon all highways of the 474
state highway system and the rights-of-way of such highways; 475
provided, however, that if any person commits an offense upon the 476
state highway system and be pursued by a member of the Highway 477
Safety Patrol, such patrol officer may pursue and apprehend such 478
offender upon any of the highways or public roads of this state, 479
or to any other place to which such offender may flee. 480
(b) To enforce all rules and regulations of the 481
commissioner promulgated pursuant to legal authority. 482
(c) When so directed by the Governor, to enforce any of 483
the laws of this state upon any of the highways or public roads 484
thereof. 485
(d) Upon the request of the Department of Revenue, and 486
with the approval of the Governor, to enforce all of the 487
provisions of law with reference to the registration, license and 488
taxation of vehicles using the highways of this state, and 489
relative to the sizes, weights and load limits of such vehicles, 490
and to enforce the provisions of all other laws administered by 491
the Department of Revenue upon any of the highways or public roads 492
of this state; and for such purpose the Highway Safety Patrol 493
shall have the authority to collect and receive all taxes which 494
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may be due under any of such laws, and to report and remit same to 495
the Department of Revenue in the manner required by law, or the 496
rules and regulations of the Department of Revenue. 497
(e) Upon request of the Commercial Transportation 498
Enforcement Division within the Department of Public Safety, and 499
when so instructed by the commissioner, to enforce the Mississippi 500
Motor Carrier Regulatory Law of 1938 and rules and regulations 501
promulgated thereunder. 502
(f) To arrest without warrant any person or persons 503
committing or attempting to commit any misdemeanor, felony or 504
breach of the peace within their presence or view, and to pursue 505
and so arrest any person committing such an offense to and at any 506
place in the State of Mississippi where he may go or be. Nothing 507
herein shall be construed as granting the Mississippi Highway 508
Safety Patrol general police powers. 509
(g) To aid and assist any law enforcement officer whose 510
life or safety is in jeopardy. Additionally, officers of the 511
Highway Safety Patrol may arrest without warrant any fugitive from 512
justice who has escaped or who is using the highways of the state 513
in an attempt to flee. With the approval of the commissioner or 514
his designee, officers of the Highway Safety Patrol may assist 515
other law enforcement agencies in manhunts for convicted felons 516
who have escaped and/or for alleged felons where there is probable 517
cause to believe that the person being sought committed the felony 518
and a felony had actually been committed. 519
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(h) To cooperate with the State Forest Service by 520
reporting all forest fires. 521
(i) Upon request of the sheriff or his designee, or 522
board of supervisors of any county or the chief of police or mayor 523
of any municipality, and when so instructed by the commissioner or 524
his designee, to respond to calls for assistance in a law 525
enforcement incident; such request and action shall be noted and 526
clearly reflected on the radio logs of both the Mississippi 527
Highway Safety Patrol district substation and that of the 528
requesting agency, entered on the local NCIC terminal, if 529
available, and a request in writing shall follow within 530
forty-eight (48) hours. Additionally, the time of commencement 531
and termination of the specific law enforcement incident shall be 532
clearly noted on the radio logs of both law enforcement agencies. 533
(2) The Legislature declares that the primary law 534
enforcement officer in any county in the State of Mississippi is 535
the duly qualified and elected sheriff thereof, but for the 536
purposes of this subsection there is hereby vested in the 537
Department of Public Safety, in addition to the powers hereinabove 538
mentioned and the other provisions of this section under the terms 539
and limitations hereinafter mentioned and for the purpose of 540
insuring domestic tranquility and for the purpose of preventing or 541
suppressing, or both, crimes of violence, acts and conduct 542
calculated to, or which may, provoke or lead to violence and/or 543
incite riots, mobs, mob violence, a breach of the peace, and acts 544
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of intimidation or terror, the powers and duties to include the 545
enforcement of all the laws of the State of Mississippi relating 546
to such purposes, to investigate any violation of the laws of the 547
State of Mississippi and to aid in the arrest and prosecution of 548
persons charged with violating the laws of the State of 549
Mississippi which relate to such purposes. Investigators of the 550
Bureau of Investigation of the Department of Public Safety shall 551
have general police powers to enforce all the laws of the State of 552
Mississippi. All officers of the Department of Public Safety 553
charged with the enforcement of the laws administered by that 554
agency, for the purposes herein set forth, shall have full power 555
to investigate, prevent, apprehend and arrest law violators 556
anywhere in the state, and shall be vested with the power of 557
general police officers in the performance of their duties. The 558
officers of the Department of Public Safety are authorized and 559
empowered to carry and use firearms and other weapons deemed 560
necessary in the discharge of their duties as such and are also 561
empowered to serve warrants and subpoenas issued under the 562
authority of the State of Mississippi. The officers of the 563
Department of Public Safety assigned by the commissioner to 564
transport and protect state officials or dignitaries while acting 565
in their official capacities, shall be vested with the power of 566
general police officers anywhere in the state while in the 567
performance of their duties. The Governor shall be authorized to 568
offer and pay suitable rewards to persons aiding in the 569
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investigation, apprehension and conviction of persons charged with 570
acts of violence, or threats of violence or intimidation or acts 571
of terrorism. The additional powers herein granted to or vested 572
in the Department of Public Safety or any of its officers or 573
employees by this section, excepting investigating powers, and 574
those powers of investigators who shall have general police power, 575
being the investigators in the Bureau of Investigation of the 576
Department of Public Safety and officers assigned to transport or 577
protect state officials or dignitaries, shall not be exercised by 578
the Department of Public Safety, or any of its officers or 579
employees, except upon authority and direction of the Governor or 580
Acting Governor, by proclamation duly signed, in the following 581
instances, to wit: 582
(a) When requested by the sheriff or board of 583
supervisors of any county or the mayor of any municipality on the 584
grounds that mob violence, crimes of violence, acts and conduct of 585
terrorism, riots or acts of intimidation, or either, calculated to 586
or which may provoke violence or incite riots, mobs, mob violence, 587
violence, or lead to any breach of the peace, or either, and acts 588
of intimidation or terror are anticipated, and when such acts or 589
conduct in the opinion of the Governor or Acting Governor would 590
provoke violence or any of the foregoing acts or conduct set out 591
in this subsection, and the sheriff or mayor, as the case may be, 592
lacks adequate police force to prevent or suppress the same. 593
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(b) Acting upon evidence submitted to him by the 594
Department of Public Safety, or other investigating agency 595
authorized by the Governor or Acting Governor to make such 596
investigations, because of the failure or refusal of the sheriff 597
of any county or mayor of any municipality to take action or 598
employ such means at his disposal, to prevent or suppress the 599
acts, conduct or offenses provided for in subsection (1) of this 600
section, the Governor or Acting Governor deems it necessary to 601
invoke the powers and authority vested in the Department of Public 602
Safety. 603
(c) The Governor or Acting Governor is hereby 604
authorized and empowered to issue his proclamation invoking the 605
powers and authority vested by this paragraph, as provided in 606
paragraphs (a) and (b) of this subsection, and when the Governor 607
or Acting Governor issues said proclamation in accordance 608
herewith, said proclamation shall become effective upon the 609
signing thereof and shall continue in full force and effect for a 610
period of ninety (90) days, or for a shorter period if otherwise 611
ordered by the Governor or Acting Governor. At the signing of the 612
proclamation by the Governor or Acting Governor, the Department of 613
Public Safety and its officers and employees shall thereupon be 614
authorized to exercise the additional power and authority vested 615
in them by this paragraph. The Governor and Acting Governor may 616
issue additional proclamations for periods of ninety (90) days 617
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ST: Department of Public Safety; consolidate
offices and revise provisions related to.
each under the authority of paragraphs (a) and (b) of this 618
subsection (2). 619
(3) All proclamations issued by the Governor or Acting 620
Governor shall be filed in the Office of the Secretary of State on 621
the next succeeding business day. 622
(4) It is not the intention of this section to vest the wide 623
powers and authority herein provided for, as general powers of the 624
Department of Public Safety, and the same are not hereby so 625
vested, but to limit these general powers to cases and incidents 626
wherein it is deemed necessary to prevent or suppress the offenses 627
and conditions herein mentioned in this and other subsections of 628
this section, and under the terms and conditions hereinabove 629
enumerated, it being the sense of the Legislature that the prime 630
duties of the Department of Public Safety are to patrol the 631
highways of this state and enforce the highway safety laws. 632
(5) Patrol officers shall have no interest in any costs in 633
the prosecution of any case through any court; nor shall any 634
patrol officer receive any fee as a witness in any court held in 635
this state, whether a state or federal court. 636
(6) Provided, however, that the general police power vested 637
by virtue of the terms of subsection (2) of this section is solely 638
for the purposes set out in said subsection. 639
SECTION 6. This act shall take effect and be in force from 640
and after July 1, 2026. 641