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S. B. No. 2416 *SS26/R586PS* ~ OFFICIAL ~ G1/2
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To: Judiciary, Division B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Sparks, McMahan
SENATE BILL NO. 2416
(As Passed the Senate)
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. 14
(2) If a full- or part-time law enforcement officer is 15
required as a condition of employment to submit to a urine test 16
for drug use and the result of the test is positive, the officer 17
shall be relieved of duty and placed on administrative leave 18
without pay. The officer is allowed two (2) business days 19
following official written notice of the results to contest the 20
S. B. No. 2416 *SS26/R586PS* ~ OFFICIAL ~
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test results. If the officer does not contest the test results 21
within the two-day period, the employer may initiate disciplinary 22
action. If the officer contests the test results within the 23
two-day period, the officer is allowed an additional five (5) days 24
to appear at a certified laboratory and voluntarily submit to the 25
taking of a hair sample for the purpose of a hair follicle test 26
for drug analysis. The hair follicle test shall be initially 27
conducted at the expense of the officer; however, if the test 28
result is negative, the officer shall be reimbursed the cost of 29
the test by the employer. If the test result is positive, the 30
officer shall bear the cost of the test. If the hair follicle 31
test result is negative for the drug or drugs specified in the 32
urinalysis report and thereby does not support the findings of the 33
urinalysis, then the urinalysis results shall be declared a false 34
positive, and the officer shall be immediately placed back into 35
his previous position of employment and shall receive back pay 36
from the date of the officer's suspension. 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
S. B. No. 2416 *SS26/R586PS* ~ OFFICIAL ~
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ST: Law enforcement officers; entitled to
certain follow-up drug testing before loss of
certification.
(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 unless the person is lawfully reinstated, or providing any 51
public monies for the equipment or support of the law enforcement 52
activities of such person and any person violating this subsection 53
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