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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representatives Arnold, Blackwell,
Burch, Carpenter, Crosby, Lott
HOUSE BILL NO. 675
AN ACT TO CREATE NEW SECTION 45-6-16, MISSISSIPPI CODE OF 1
1972, TO CREATE A RIGHT TO FOLLOW-UP TESTING FOR A LAW ENFORCEMENT 2
OFFICER WHO TESTS POSITIVE FOR ILLEGAL DRUG USE AND TO PROVIDE FOR 3
TERMS OF SUSPENSION PENDING THE RECEIPT OF RESULTS FROM THE 4
FOLLOW-UP TEST; TO AMEND SECTION 45-6-17, MISSISSIPPI CODE OF 5
1972, TO CONFORM; AND FOR RELATED PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. The following shall be codified as Section 8
45-6-16, Mississippi Code of 1972: 9
45-6-16. (1) Any full- or part-time law enforcement officer 10
who is accused of drug use in violation of the employer's policies 11
or state law based upon the results of a urinalysis must be 12
afforded the opportunity to undergo a subsequent more 13
scientifically reliable test before the officer is terminated or 14
is suspended without pay. 15
(2) If a full- or part-time law enforcement officer is 16
required as a condition of employment to submit to a urine test 17
for drug use and the result of the test is positive, the officer 18
may be relieved of duty and placed on administrative leave with 19
pay. The officer is allowed two (2) business days following 20
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official written notice of the results to contest the test 21
results. If the officer does not contest the test results within 22
the two-day period, the employer may initiate disciplinary action. 23
If the officer contests the test results within the two-day 24
period, the officer is allowed an additional five (5) days to 25
appear at a certified laboratory and voluntarily submit to the 26
taking of a hair sample for the purpose of a hair follicle test 27
for drug analysis. The hair follicle test is initially at the 28
expense of the officer; however, if the test result is negative, 29
the officer shall be reimbursed the cost of the test by the 30
employer. If the test result is positive, the officer shall bear 31
the cost of the test. If the hair follicle test result is 32
negative for the drug or drugs specified in the urinalysis report 33
and thereby does not support the findings of the urinalysis, then 34
the urinalysis results shall be declared a false positive, and the 35
officer shall be immediately placed back into his or her previous 36
position of employment. 37
SECTION 2. Section 45-6-17, Mississippi Code of 1972, is 38
amended as follows: 39
45-6-17. (1) Any full- or part-time law enforcement officer 40
who does not comply with the provisions of this chapter, or whose 41
certificate has been suspended or revoked under provisions of this 42
chapter, shall not be authorized to exercise the powers of law 43
enforcement officers generally, and particularly shall not be 44
authorized to exercise the power of arrest. 45
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ST: First responders; authorize follow-up drug
testing.
(2) Any state agency or political subdivision that employs a 46
person as a full- or part-time law enforcement officer who does 47
not meet the requirements of this chapter, or who employs a person 48
whose certificate has been suspended or revoked under provisions 49
of this chapter, is prohibited from paying the salary of such 50
person, or providing any public monies for the equipment or 51
support of the law enforcement activities of such person, except 52
as provided in Section 45-6-16, and any person violating this 53
subsection shall be personally liable for making such payment. 54
SECTION 3. This act shall take effect and be in force from 55
and after July 1, 2026. 56