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To: Ports and Marine
Resources
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) England, Seymour
SENATE BILL NO. 2263
(As Sent to Governor)
AN ACT TO AMEND SECTIONS 59-21-127 AND 59-23-5, MISSISSIPPI 1
CODE OF 1972, TO PROHIBIT ENFORCEMENT OFFICERS OF THE MISSISSIPPI 2
DEPARTMENT OF MARINE RESOURCES FROM PERFORMING VESSEL STOPS OR 3
BOARDING A VESSEL WITHOUT PROBABLE CAUSE; TO PROHIBIT ENFORCEMENT 4
OFFICERS FROM PERFORMING A VESSEL STOP OR BOARDING A VESSEL FOR 5
THE SOLE PURPOSE OF PERFORMING A SAFETY OR MARINE SANITATION 6
EQUIPMENT INSPECTION; AND FOR RELATED PURPOSES. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 8
SECTION 1. Section 59-21-127, Mississippi Code of 1972, is 9
amended as follows: 10
59-21-127. (1) It shall be the duty of all enforcement 11
officers to enforce, and to obey and carry out all instructions, 12
directions, rules and regulations of the * * * department with 13
respect to the enforcement of the provisions of this chapter. 14
Each enforcement officer shall account for and pay over, pursuant 15
to law, all monies received by him or her under this 16
chapter. * * * 17
(2) Subject to the provisions of subsections (3) and (4) of 18
this section, enforcement officers shall have the power, and it 19
shall be their duty, to: 20
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(a) Execute all warrants for violations of the rules 21
and regulations of the * * * department and the provisions of this 22
chapter; * * * 23
(b) Serve subpoenas issued for the examination and 24
investigation or trial of such violations; * * * 25
(c) Arrest, without warrant, any person committing a 26
violation of this chapter or the rules and regulations of 27
the * * * department in the presence of the enforcement officers, 28
and to take such person before a magistrate or court having 29
jurisdiction for trial or hearing; and * * * 30
(d) Exercise such other powers of peace officers in the 31
enforcement of this chapter and the rules and regulations of the 32
commission or of a judgment for the violation thereof, as are not 33
herein specifically provided. 34
(3) An enforcement officer may not board a vessel or perform 35
a vessel stop in this state unless the officer has probable cause 36
to believe that a violation of this chapter or a rule or 37
regulation promulgated by the department has occurred or is 38
occurring. 39
(4) An enforcement officer may not perform a vessel stop or 40
board a vessel for the sole purpose of performing a safety or 41
marine sanitation equipment inspection. A violation of safety or 42
marine sanitation requirements is a secondary offense rather than 43
a primary offense. 44
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(5) No enforcement officers shall compromise or settle out 45
of court any violation of the provisions of this chapter or any 46
rule or regulation promulgated by the * * * department. 47
SECTION 2. Section 59-23-5, Mississippi Code of 1972, is 48
amended as follows: 49
59-23-5. (1) A person who operates a watercraft in waters 50
over which this state has jurisdiction shall be deemed to have 51
given consent to submit to a chemical test or test of his breath 52
for the purpose of determining the alcohol content of his blood, 53
as a condition of operating the watercraft in this state. 54
However, a law enforcement officer may not board a vessel or 55
perform a vessel stop in this state unless the officer has 56
probable cause to believe that a violation of this chapter or a 57
rule or regulation promulgated by the Mississippi Commission on 58
Wildlife, Fisheries and Parks or the Department of Marine 59
Resources has occurred or is occurring. 60
(2) A law enforcement officer who has probable cause to 61
believe that a person has committed an offense under this chapter 62
shall offer the person the opportunity to submit to a chemical 63
test. It is not necessary for the law enforcement officer to 64
offer a chemical test to an unconscious person. A law enforcement 65
officer may offer a person more than one (1) chemical test under 66
this section. However, all tests must be administered within 67
three (3) hours after the officer has probable cause to believe 68
the person violated this chapter. If a person refuses to submit 69
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to a chemical test under this chapter, the person shall be 70
informed by the law enforcement officer that the refusal to submit 71
to the test shall subject him to arrest and punishment consistent 72
with the penalties prescribed in Section 59-23-7 for persons 73
submitting to the test, and that the court shall order the person 74
not to operate a watercraft for at least one (1) year. 75
(3) If the chemical test results in prima facie evidence 76
that the person is intoxicated, he shall immediately be arrested. 77
(4) (a) The law enforcement officer arresting a person 78
pursuant to the provisions of this chapter shall inform the person 79
arrested that: 80
(i) The person arrested has the right to be 81
represented by legal counsel; 82
(ii) The person arrested may waive the right to be 83
represented by legal counsel; and 84
(iii) The charge for which the person is being 85
arrested may be used against him, upon conviction, for purposes of 86
receiving an enhanced penalty as provided in Section 59-23-7. 87
(b) The citation or affidavit which is issued to the 88
person arrested shall be uniform throughout all jurisdictions in 89
the State of Mississippi and shall contain a place for the 90
arresting official to sign, stating that he has advised the person 91
arrested of the information contained in paragraph (a) of this 92
subsection. The judge hearing the case or accepting the guilty 93
plea, as the case may be, shall sign in a place provided on the 94
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ST: Boating; prohibit enforcement officers from
performing vessel stops or boarding a vessel
without probable cause.
citation or affidavit stating that the person arrested either 95
employed an attorney or waived his right to an attorney after 96
having been advised pursuant to paragraph (a) of this subsection. 97
If the person arrested employed an attorney, the name, address and 98
telephone number of the attorney shall be written on the citation 99
or affidavit. 100
(c) The Mississippi Department of Wildlife, Fisheries 101
and Parks shall prepare and furnish, no later than July 1, 1995, 102
to all jurisdictions in the State of Mississippi a uniform 103
citation form consistent with this chapter, which shall be used in 104
all jurisdictions in the State of Mississippi. 105
(d) The Mississippi Department of Wildlife, Fisheries 106
and Parks shall notify, by whatever means it deems appropriate, 107
all law enforcement officers who are authorized to enforce the 108
provisions of this chapter of their obligation to provide the 109
information and execute the citation or affidavit, as described in 110
paragraphs (a) and (b) of this subsection. 111
SECTION 3. This act shall take effect and be in force from 112
and after July 1, 2026. 113