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

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To: Judiciary, Division B;
Government Structure
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Thompson

SENATE BILL NO. 2817

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 BRING FORWARD 13
SECTIONS 45-3-21, 45-3-19, AND 45-3-9, MISSISSIPPI CODE OF 1972, 14
FOR POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES. 15
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 16
SECTION 1. Section 45-1-2, Mississippi Code of 1972, is 17
amended as follows: 18
45-1-2. (1) The Executive Director of the Department of 19
Public Safety shall be the Commissioner of Public Safety. 20
(2) The Commissioner of Public Safety shall establish the 21
organizational structure of the Department of Public Safety, which 22
shall include the creation of any units necessary to implement the 23
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duties assigned to the department and consistent with specific 24
requirements of law including, but not limited to, the: 25
(a) Office of Public Safety Planning; 26
(b) Office of Mississippi Highway Safety Patrol; 27
(c) * * * Mississippi State Bureau of 28
Investigation * * *; which shall include: 29
(i) The Mississippi Bureau of Investigations; 30
(ii) The Bureau of Narcotics; 31
(iii) The Bureau of Homeland Security which may be 32
referred to as the Office of Homeland Security; 33
(iv) The Bureau of Forensic Laboratories, which 34
may be referred to as the Office of Forensic Laboratories and 35
shall include the Mississippi Forensics Laboratory and the State 36
Medical Examiner; 37
* * * 38
( * * *d) Office of Law Enforcement Officers' Training 39
Academy; 40
( * * *e) Office of Support Services; 41
* * * 42
( * * *f) Office of Capitol Police; 43
( * * *g) Office of Driver Service Bureau; and 44
( * * *h) Office of Commercial Transportation 45
Enforcement Division. 46
(3) The department shall be headed by a commissioner, who 47
shall be appointed by and serve at the pleasure of the Governor. 48
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The appointment of the commissioner shall be made with the advice 49
and consent of the Senate. The commissioner shall have, at a 50
minimum, a bachelor's degree from an accredited college or 51
university. 52
(4) Notwithstanding any provision of law to the contrary, 53
the commissioner shall appoint heads of offices, who shall serve 54
at the pleasure of the commissioner. The commissioner shall have 55
the authority to organize the offices established by subsection 56
(2) of this section as deemed appropriate to carry out the 57
responsibilities of the department. The commissioner may assign 58
to the appropriate offices such powers and duties as deemed 59
appropriate to carry out the department's lawful functions. The 60
organization charts of the department shall be presented annually 61
with the budget request of the Governor for review by the 62
Legislature. 63
(5) The commissioner shall appoint, from within the 64
Department of Public Safety, a statewide safety training officer 65
who shall serve at the pleasure of the commissioner and whose duty 66
it shall be to perform public training for both law enforcement 67
and private persons throughout the state concerning proper 68
emergency response to the mentally ill, terroristic threats or 69
acts, domestic conflict, other conflict resolution, and such other 70
matters as the commissioner may direct. 71
(6) The commissioner, after consultation with the 72
Mississippi Association of Chiefs of Police and the Mississippi 73
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Sheriffs' Association, shall be responsible for establishing 74
guidelines for response to active shooter situations and any 75
related jurisdictional issues. 76
(7) The commissioner shall establish within the department 77
the Mississippi Office of Homeland Security for the purpose of 78
seeing that the laws are faithfully executed and for the purpose 79
of investigating cyber-related crimes and suppressing crimes of 80
violence and acts of intimidation and terror. The commissioner is 81
hereby authorized to employ within the Office of Homeland Security 82
a director, investigators and other qualified personnel as he may 83
deem necessary to make investigation of cyber-related crimes, 84
crimes of violence and acts of terrorism or intimidation, to aid 85
in the arrest and prosecution of persons charged with such 86
cyber-related crimes, crimes of violence, acts of terrorism or 87
intimidation, or threats of violence and to perform other duties 88
as necessary to accomplish these purposes. Investigators and 89
other law enforcement personnel employed by the commissioner shall 90
have full power to investigate, apprehend, and arrest persons 91
committing cyber-related crimes, acts of violence, intimidation, 92
or terrorism anywhere in the state, and shall be vested with the 93
power of police officers in the performance of such duties as 94
provided herein. Such investigators and other personnel shall 95
perform their duties under the direction of the commissioner, or 96
his designee. The commissioner shall be authorized to offer and 97
pay suitable rewards to other persons for aiding in such 98
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investigation and in the apprehension and conviction of persons 99
charged with cyber-related crimes, acts of violence, or threats of 100
violence, or intimidation, or acts of terrorism. 101
(8) The commissioner shall establish within the Office of 102
Homeland Security a Mississippi Analysis and Information Center 103
(MSAIC Fusion Center) which shall be the highest priority for the 104
allocation of available federal resources for statewide 105
information sharing, including the deployment of personnel and 106
connectivity with federal data systems. Subject to appropriation 107
therefor, the Mississippi Fusion Center shall employ three (3) 108
regional analysts dedicated to analyzing and resolving potential 109
threats identified by the agency's statewide social media 110
intelligence platform and the dissemination of school safety 111
information. 112
SECTION 2. Section 19-5-371, Mississippi Code of 1972, is 113
amended as follows: 114
19-5-371. Sections 19-5-303, 19-5-313, 19-5-319, 19-5-331, 115
19-5-333, 19-5-335, 19-5-337, 19-5-339, 19-5-341, 19-5-353, * * * 116
19-5-359 and 19-5-361 shall stand repealed from and after July 1, 117
2028. 118
SECTION 3. Section 41-61-75, Mississippi Code of 1972, is 119
amended as follows: 120
[From and after January 1, 2024, and through December 31, 121
2027, this section shall read as follows:] 122
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41-61-75. (1) For each investigation with the preparation 123
and submission of the required reports, the following fees shall 124
be billed to and paid by the county for which the service is 125
provided: 126
(a) A medical examiner or his deputy shall receive One 127
Hundred Eighty-five Dollars ($185.00) for each completed report of 128
investigation of death, plus the examiner's actual expenses. In 129
addition to that fee, in cases where the cause of death was sudden 130
infant death syndrome (SIDS) and the medical examiner provides a 131
SIDS Death Scene Investigation report, the medical examiner shall 132
receive for completing that report an additional Fifty Dollars 133
($50.00), or an additional One Hundred Dollars ($100.00) if the 134
medical examiner has received advanced training in child death 135
investigations and presents to the county a certificate of 136
completion of that advanced training. The State Medical Examiner 137
shall develop and prescribe a uniform format and list of matters 138
to be contained in SIDS/Child Death Scene Investigation reports, 139
which shall be used by all county medical examiners and county 140
medical examiner investigators in the state. 141
(b) The pathologist performing autopsies as provided in 142
Section 41-61-65 shall receive * * * One Thousand Two Hundred 143
Dollars ($1,200.00) per completed autopsy, plus mileage expenses 144
to and from the site of the autopsy, and shall be reimbursed for 145
any out-of-pocket expenses for third-party testing, not to exceed 146
One Hundred Dollars ($100.00) per autopsy. 147
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(2) (a) When a medical examiner, physician or pathologist 148
is subpoenaed for appearance and testimony before a grand jury, 149
courtroom trial or deposition as a result of their duties as a 150
State Medical Examiner, physician or pathologist, the office with 151
which the subpoenaed professional is employed shall be entitled to 152
bill an expert witness hourly fee and mileage expenses to and from 153
the site of the testimony, and such amount shall be paid by the 154
jurisdiction or party issuing the subpoena. 155
(b) The expert witness fee shall be set by the 156
director, and the expert fee shall be a reasonable fee considering 157
the prevailing rates of other comparably respected available 158
experts. The fee under this paragraph (b) shall be made payable 159
to the Office of the State Medical Examiner. 160
[From and after January 1, 2028, this section shall read as 161
follows:] 162
41-61-75. (1) For each investigation with the preparation 163
and submission of the required reports, the following fees shall 164
be billed to and paid by the county for which the service is 165
provided: 166
(a) A medical examiner or his deputy shall receive One 167
Hundred Ninety-five Dollars ($195.00) for each completed report of 168
investigation of death, plus the examiner's actual expenses. In 169
addition to that fee, in cases where the cause of death was sudden 170
infant death syndrome (SIDS) and the medical examiner provides a 171
SIDS Death Scene Investigation report, the medical examiner shall 172
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receive for completing that report an additional Fifty Dollars 173
($50.00), or an additional One Hundred Dollars ($100.00) if the 174
medical examiner has received advanced training in child death 175
investigations and presents to the county a certificate of 176
completion of that advanced training. The State Medical Examiner 177
shall develop and prescribe a uniform format and list of matters 178
to be contained in SIDS/Child Death Scene Investigation reports, 179
which shall be used by all county medical examiners and county 180
medical examiner investigators in the state. 181
(b) The pathologist performing autopsies as provided in 182
Section 41-61-65 shall receive * * * One Thousand Two Hundred 183
Dollars ($1,200.00) per completed autopsy, plus mileage expenses 184
to and from the site of the autopsy, and shall be reimbursed for 185
any out-of-pocket expenses for third-party testing, not to exceed 186
One Hundred Dollars ($100.00) per autopsy. 187
(2) (a) When a medical examiner, physician or pathologist 188
is subpoenaed for appearance and testimony before a grand jury, 189
courtroom trial or deposition as a result of their duties as a 190
State Medical Examiner, physician or pathologist, the office with 191
which the subpoenaed professional is employed shall be entitled to 192
bill an expert witness hourly fee and mileage expenses to and from 193
the site of the testimony, and such amount shall be paid by the 194
jurisdiction or party issuing the subpoena. 195
(b) The expert witness fee shall be set by the 196
director, and the expert fee shall be a reasonable fee considering 197
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the prevailing rates of other comparably respected available 198
experts. The fee under this paragraph (b) shall be made payable 199
to the Office of the State Medical Examiner. 200
SECTION 4. Section 63-21-39, Mississippi Code of 1972, is 201
amended as follows: 202
63-21-39. (1) (a) An owner who scraps, dismantles or 203
destroys a vehicle and a person who purchases a vehicle as scrap 204
or to be dismantled or destroyed shall indicate same on the back 205
of the certificate of title and shall immediately cause the 206
certificate of title and any other documents required by the 207
department to be mailed or delivered to the department for 208
cancellation. A certificate of title of the vehicle shall not 209
again be issued except upon application containing the information 210
the department requires, accompanied by a certificate of 211
inspection in the form and content specified in Section 212
63-21-15(5) and proof of payment of a fee as provided in 213
subsection (2) of this section. Before a used motor vehicle parts 214
dealer or scrap metal processor may purchase or receive a motor 215
vehicle from the owner or authorized agent of the owner of the 216
motor vehicle for the purpose of scrapping, dismantling or 217
destroying the motor vehicle, the used motor vehicle parts dealer 218
or scrap metal processor must verify under Section 63-21-18 the 219
absence of any lien on the motor vehicle. If a lien exists on the 220
motor vehicle, the used motor vehicle parts dealer or scrap metal 221
processor may not purchase or receive the motor vehicle for the 222
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purpose of scrapping, dismantling or destroying the vehicle, and 223
may not purchase or receive the motor vehicle for such purposes 224
during any time for which a lien exists on the motor vehicle. 225
(b) Notwithstanding any other provision of this chapter 226
to the contrary, if the owner or authorized agent of the owner has 227
not obtained a title in his or her name for the vehicle to be 228
transferred, has lost the title for the vehicle to be transferred, 229
or has returned the title to the department in accordance with 230
paragraph (a) of this subsection, he or she may sign a statement 231
swearing that, in addition to the foregoing conditions, the 232
vehicle is at least ten (10) model years old. The statement 233
described in this paragraph may be used only to transfer such a 234
vehicle to a licensed used motor vehicle parts dealer or scrap 235
metal processor. The department shall promulgate a form for the 236
statement which shall include, but not be limited to: 237
(i) A statement that the vehicle shall never be 238
titled again; it must be dismantled or scrapped; 239
(ii) A description of the vehicle including the 240
year, make, model and vehicle identification number; 241
(iii) The name, address, and driver's license 242
number, nondriver identification card number or tribal 243
identification card number of the owner; 244
(iv) A certification that the owner: 245
1. Never obtained a title to the vehicle in 246
his or her name; or 247
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2. Was issued a title for the vehicle, but 248
the title was lost or stolen; 249
(v) A certification that the vehicle: 250
1. Is at least ten (10) model years old; and 251
2. Is not subject to any security interest or 252
lien; 253
(vi) An acknowledgment that the owner and buyer of 254
the vehicle realizes this form will be filed with the department 255
and that: 256
1. It is a misdemeanor, punishable by a fine 257
of not more than One Thousand Dollars ($1,000.00) or imprisonment 258
for not more than six (6) months, or both, for conviction of a 259
first offense of knowingly falsifying any information on this 260
statement; and 261
2. It is a felony, punishable by a fine of 262
not less than One Thousand Dollars ($1,000.00) nor more than Five 263
Thousand Dollars ($5,000.00) or imprisonment for not less than one 264
(1) year nor more than five (5) years, or both, for conviction of 265
a second or subsequent offense of knowingly falsifying any 266
information on this statement; 267
(vii) The owner's signature and the date of the 268
transaction; 269
(viii) The name and address of the business 270
acquiring the vehicle; 271
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(ix) The National Motor Vehicle Title Information 272
System identification number; and 273
(x) The business agent's signature and date along 274
with a printed name and title if the agent is signing on behalf of 275
a corporation. 276
(c) Until such time as the department makes available 277
an Internet-based system, the used motor vehicle parts dealer or 278
scrap metal processor shall mail or otherwise deliver the 279
statement required under paragraph (b) of this subsection (1) to 280
the department within three (3) business days of the completion of 281
the transaction, requesting that the department cancel the 282
Mississippi certificate of title and registration. Once the 283
department develops an Internet-based system, the used motor 284
vehicle parts dealer or scrap metal processor shall utilize such 285
system and within two (2) business days electronically submit the 286
information contained in the statement using that system. 287
(d) Within two (2) business days of each day's close of 288
business, the used motor vehicle parts dealer or scrap metal 289
processor who purchases or receives motor vehicles for scrap or 290
for parts shall deliver in a format approved by the department, by 291
electronic means once developed and made available by the 292
department, a list of all such vehicles purchased that day for 293
scrap or for parts. That list shall contain the following 294
information: 295
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(i) The name, address and contact information for 296
the reporting entity; 297
(ii) The vehicle identification numbers of such 298
vehicles; 299
(iii) The dates such vehicles were obtained; 300
(iv) The names of the individuals or entities from 301
whom the vehicles were obtained, for use by law enforcement 302
personnel and appropriate governmental agencies only; 303
(v) A statement of whether the vehicles were, or 304
will be, crushed or disposed of, or offered for sale or other 305
purposes; 306
(vi) A statement of whether the vehicle is 307
intended for export out of the United States; and 308
(vii) The National Motor Vehicle Title Information 309
System identification number of the business acquiring the 310
vehicle. 311
In addition, the used motor vehicle parts dealer or scrap 312
metal processor must certify compliance with the requirements of 313
Section 63-21-39(1)(a). 314
(e) (i) For purposes of this subsection, the term 315
"motor vehicle" shall not include a vehicle which has been crushed 316
or flattened by mechanical means such that it is no longer the 317
motor vehicle as described by the certificate of title, or such 318
that the vehicle identification number is no longer visible or 319
accessible. 320
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(ii) In cases in which crushed or flattened 321
vehicles are purchased or received, the purchasing or receiving 322
used motor vehicle parts dealer or scrap metal processor shall 323
verify that the seller has reported the vehicles in accordance 324
with this subsection. Such verification may be in the form of a 325
certification from the seller or a contract between the seller and 326
the purchasing or receiving used motor vehicle parts dealer or 327
scrap metal processor attesting to the seller's compliance with 328
the reporting requirements of this subsection. Such verification 329
must clearly identify the seller by a government issued photograph 330
identification card or employer identification number, and the 331
verification and copy of the identification card or number shall 332
be maintained by the purchasing or receiving used motor vehicle 333
parts dealer or scrap metal processor for a period of not less 334
than two (2) years. 335
(f) The information obtained by the department in 336
accordance with paragraph (d) of this subsection (1) shall be 337
reported to the National Motor Vehicle Title Information System, 338
in a format that will satisfy the requirement for reporting this 339
information, in accordance with rules adopted by the United States 340
Department of Justice in 28 CFR 25.56. 341
(g) Until such time as the department develops and 342
makes available the Internet-based system described in paragraph 343
(d) of this subsection, the used motor vehicle parts dealer or 344
scrap metal processor who purchases or receives motor vehicles for 345
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scrap or for parts shall deliver the information required by 346
paragraph (d) to the National Motor Vehicle Title Information 347
System through any data consolidator approved by such system, 348
within forty-eight (48) hours of the day the vehicle was purchased 349
or acquired by such used motor vehicle parts dealer or scrap metal 350
processor which shall satisfy the requirements of paragraph (d). 351
(h) The information obtained by the department in 352
accordance with paragraph (d) of this subsection (1) shall be made 353
available only to law enforcement agencies and for purposes of 354
canceling certificates of title. The information shall otherwise 355
be considered to be confidential business information of the 356
respective reporting entities. 357
(i) All records required under the provisions of this 358
subsection shall be maintained for a period of two (2) years by 359
the reporting entity and shall include a scanned or photocopied 360
copy of the seller's or seller's representative's driver's license 361
or state-issued identification card or other valid form of 362
identification. 363
(j) A person who knowingly and willfully violates this 364
subsection (1), or any person who knowingly and willfully 365
falsifies or assists another person in falsifying the statement or 366
information required under paragraph (b) or (d) of this 367
subsection, or any person who knowingly and willfully sells a 368
vehicle upon which there is an unsatisfied lien or security 369
interest, or who purchases a vehicle without complying with either 370
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paragraph (a) or (b) of this subsection and who knowingly and 371
willfully destroys or dismantles a vehicle upon which he knows 372
that there is an unsatisfied lien or security interest shall: 373
(i) Be guilty of a misdemeanor, punishable by a 374
fine not more than One Thousand Dollars ($1,000.00) or 375
imprisonment for not more than six (6) months, or both, for 376
conviction of a first offense; or 377
(ii) Upon conviction of a second or subsequent 378
offense, a felony, punishable by imprisonment for not less than 379
one (1) year nor more than five (5) years or a fine of not less 380
than One Thousand Dollars ($1,000.00) nor more than Five Thousand 381
Dollars ($5,000.00), or both. 382
In addition, the court may order each person convicted to pay 383
restitution to any party suffering monetary loss in the amount of 384
such loss. No part of any sentence imposed by the court shall be 385
suspended unless such restitution has been paid in full. 386
(k) A person who knowingly and willfully fails to 387
deliver the title as required under paragraph (a) of this 388
subsection, or the statement required under paragraph (b) of this 389
subsection to the department within seventy-two (72) hours of the 390
completion of the transaction, or who, until such time as the 391
department develops and makes available the Internet-based system 392
described in paragraph (d), fails to deliver the information 393
required by paragraph (d) to the National Motor Vehicle Title 394
Information System through any data consolidator approved by such 395
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system, within two (2) business days of the day the vehicle was 396
purchased or acquired by such used motor vehicle parts dealer or 397
scrap metal processor shall be in violation of this section, and 398
subject to a civil penalty of up to One Thousand Dollars 399
($1,000.00) per violation. Actions to impose this penalty may be 400
brought by any local or state law enforcement agency, district 401
attorney, or by the Attorney General, in any court of competent 402
jurisdiction. One-half (1/2) of the monies generated from such 403
civil penalties shall be deposited in a special fund created in 404
the State Treasury for use by the department's Title Bureau, and 405
one-half (1/2) of the monies generated from such civil penalties 406
shall be deposited in the general fund of the municipality if the 407
suit was brought in a municipal court, or in the general fund of 408
the county if the suit was brought in the court of a county. 409
(2) For the purpose of requesting a branded title on a 410
vehicle with a salvage certificate of title, every owner of a 411
vehicle that has been issued a salvage certificate of title in 412
this state or any other state which has been restored in this 413
state to its operating condition which existed prior to the event 414
which caused the salvage certificate of title to be issued shall 415
make application to the department, accompanied by a certificate 416
of inspection issued by the Department of Public Safety in the 417
form and content specified in Section 63-21-15(5) and the payment 418
of a fee of * * * One Hundred Twenty-Five Dollars ($125.00) for 419
each motor vehicle for which a certificate of inspection is 420
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issued. In addition, the Department of Public Safety may charge 421
such a person a fee in the amount of * * * Fifty Dollars ($50.00) 422
for performing any vehicle identification number verification 423
required by federal law or regulation for the vehicle for which 424
the person is applying for a title. All such monies shall be 425
collected by the Department of Public Safety and paid to the State 426
Treasurer for deposit in a special fund that is hereby created in 427
the State Treasury to be known as the "Salvage Certificate of 428
Title Fund." Monies in the special fund may be expended by the 429
Department of Public Safety, upon appropriation by the 430
Legislature. The department shall establish by regulation the 431
minimum requirements by which a vehicle which has been issued a 432
salvage certificate of title may be issued a branded title. 433
(3) Before a branded title may be issued for a vehicle for 434
which a salvage certificate of title has been issued, the 435
applicant shall submit, by hand delivery or mail, such documents 436
and information to the Department of Public Safety as the 437
department may require for the purpose of determining if the 438
vehicle complies with the requirements of this section and all 439
applicable regulations promulgated by the Commissioner of Public 440
Safety and the department. The Department of Public Safety also 441
may require that an applicant bring a vehicle for which 442
application for a branded title is being made to a Highway Patrol 443
facility for a visual inspection whenever the department deems 444
that a visual inspection is necessary or advisable. Nothing in 445
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this section shall be construed to prohibit inspectors of the 446
Mississippi Highway Patrol from conducting on-site inspections and 447
investigations of motor vehicle rebuilders or motor vehicle repair 448
businesses to determine if such businesses are in compliance with 449
all applicable laws relating to the motor vehicle title laws of 450
this state and regulations promulgated by the Commissioner of 451
Public Safety and the department. 452
SECTION 5. Section 45-3-21, Mississippi Code of 1972, is 453
brought forward as follows: 454
45-3-21. (1) The powers and duties of the Highway Safety 455
Patrol shall be, in addition to all others prescribed by law, as 456
follows: 457
(a) To enforce all of the traffic laws, rules and 458
regulations of the State of Mississippi upon all highways of the 459
state highway system and the rights-of-way of such highways; 460
provided, however, that if any person commits an offense upon the 461
state highway system and be pursued by a member of the Highway 462
Safety Patrol, such patrol officer may pursue and apprehend such 463
offender upon any of the highways or public roads of this state, 464
or to any other place to which such offender may flee. 465
(b) To enforce all rules and regulations of the 466
commissioner promulgated pursuant to legal authority. 467
(c) When so directed by the Governor, to enforce any of 468
the laws of this state upon any of the highways or public roads 469
thereof. 470
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(d) Upon the request of the Department of Revenue, and 471
with the approval of the Governor, to enforce all of the 472
provisions of law with reference to the registration, license and 473
taxation of vehicles using the highways of this state, and 474
relative to the sizes, weights and load limits of such vehicles, 475
and to enforce the provisions of all other laws administered by 476
the Department of Revenue upon any of the highways or public roads 477
of this state; and for such purpose the Highway Safety Patrol 478
shall have the authority to collect and receive all taxes which 479
may be due under any of such laws, and to report and remit same to 480
the Department of Revenue in the manner required by law, or the 481
rules and regulations of the Department of Revenue. 482
(e) Upon request of the Commercial Transportation 483
Enforcement Division within the Department of Public Safety, and 484
when so instructed by the commissioner, to enforce the Mississippi 485
Motor Carrier Regulatory Law of 1938 and rules and regulations 486
promulgated thereunder. 487
(f) To arrest without warrant any person or persons 488
committing or attempting to commit any misdemeanor, felony or 489
breach of the peace within their presence or view, and to pursue 490
and so arrest any person committing such an offense to and at any 491
place in the State of Mississippi where he may go or be. Nothing 492
herein shall be construed as granting the Mississippi Highway 493
Safety Patrol general police powers. 494
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(g) To aid and assist any law enforcement officer whose 495
life or safety is in jeopardy. Additionally, officers of the 496
Highway Safety Patrol may arrest without warrant any fugitive from 497
justice who has escaped or who is using the highways of the state 498
in an attempt to flee. With the approval of the commissioner or 499
his designee, officers of the Highway Safety Patrol may assist 500
other law enforcement agencies in manhunts for convicted felons 501
who have escaped and/or for alleged felons where there is probable 502
cause to believe that the person being sought committed the felony 503
and a felony had actually been committed. 504
(h) To cooperate with the State Forest Service by 505
reporting all forest fires. 506
(i) Upon request of the sheriff or his designee, or 507
board of supervisors of any county or the chief of police or mayor 508
of any municipality, and when so instructed by the commissioner or 509
his designee, to respond to calls for assistance in a law 510
enforcement incident; such request and action shall be noted and 511
clearly reflected on the radio logs of both the Mississippi 512
Highway Safety Patrol district substation and that of the 513
requesting agency, entered on the local NCIC terminal, if 514
available, and a request in writing shall follow within 515
forty-eight (48) hours. Additionally, the time of commencement 516
and termination of the specific law enforcement incident shall be 517
clearly noted on the radio logs of both law enforcement agencies. 518
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(2) The Legislature declares that the primary law 519
enforcement officer in any county in the State of Mississippi is 520
the duly qualified and elected sheriff thereof, but for the 521
purposes of this subsection there is hereby vested in the 522
Department of Public Safety, in addition to the powers hereinabove 523
mentioned and the other provisions of this section under the terms 524
and limitations hereinafter mentioned and for the purpose of 525
insuring domestic tranquility and for the purpose of preventing or 526
suppressing, or both, crimes of violence, acts and conduct 527
calculated to, or which may, provoke or lead to violence and/or 528
incite riots, mobs, mob violence, a breach of the peace, and acts 529
of intimidation or terror, the powers and duties to include the 530
enforcement of all the laws of the State of Mississippi relating 531
to such purposes, to investigate any violation of the laws of the 532
State of Mississippi and to aid in the arrest and prosecution of 533
persons charged with violating the laws of the State of 534
Mississippi which relate to such purposes. Investigators of the 535
Bureau of Investigation of the Department of Public Safety shall 536
have general police powers to enforce all the laws of the State of 537
Mississippi. All officers of the Department of Public Safety 538
charged with the enforcement of the laws administered by that 539
agency, for the purposes herein set forth, shall have full power 540
to investigate, prevent, apprehend and arrest law violators 541
anywhere in the state, and shall be vested with the power of 542
general police officers in the performance of their duties. The 543
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officers of the Department of Public Safety are authorized and 544
empowered to carry and use firearms and other weapons deemed 545
necessary in the discharge of their duties as such and are also 546
empowered to serve warrants and subpoenas issued under the 547
authority of the State of Mississippi. The Governor shall be 548
authorized to offer and pay suitable rewards to persons aiding in 549
the investigation, apprehension and conviction of persons charged 550
with acts of violence, or threats of violence or intimidation or 551
acts of terrorism. The additional powers herein granted to or 552
vested in the Department of Public Safety or any of its officers 553
or employees by this section, excepting investigating powers, and 554
those powers of investigators who shall have general police power, 555
being the investigators in the Bureau of Investigation of the 556
Department of Public Safety, shall not be exercised by the 557
Department of Public Safety, or any of its officers or employees, 558
except upon authority and direction of the Governor or Acting 559
Governor, by proclamation duly signed, in the following instances, 560
to wit: 561
(a) When requested by the sheriff or board of 562
supervisors of any county or the mayor of any municipality on the 563
grounds that mob violence, crimes of violence, acts and conduct of 564
terrorism, riots or acts of intimidation, or either, calculated to 565
or which may provoke violence or incite riots, mobs, mob violence, 566
violence, or lead to any breach of the peace, or either, and acts 567
of intimidation or terror are anticipated, and when such acts or 568
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conduct in the opinion of the Governor or Acting Governor would 569
provoke violence or any of the foregoing acts or conduct set out 570
in this subsection, and the sheriff or mayor, as the case may be, 571
lacks adequate police force to prevent or suppress the same. 572
(b) Acting upon evidence submitted to him by the 573
Department of Public Safety, or other investigating agency 574
authorized by the Governor or Acting Governor to make such 575
investigations, because of the failure or refusal of the sheriff 576
of any county or mayor of any municipality to take action or 577
employ such means at his disposal, to prevent or suppress the 578
acts, conduct or offenses provided for in subsection (1) of this 579
section, the Governor or Acting Governor deems it necessary to 580
invoke the powers and authority vested in the Department of Public 581
Safety. 582
(c) The Governor or Acting Governor is hereby 583
authorized and empowered to issue his proclamation invoking the 584
powers and authority vested by this paragraph, as provided in 585
paragraphs (a) and (b) of this subsection, and when the Governor 586
or Acting Governor issues said proclamation in accordance 587
herewith, said proclamation shall become effective upon the 588
signing thereof and shall continue in full force and effect for a 589
period of ninety (90) days, or for a shorter period if otherwise 590
ordered by the Governor or Acting Governor. At the signing of the 591
proclamation by the Governor or Acting Governor, the Department of 592
Public Safety and its officers and employees shall thereupon be 593
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authorized to exercise the additional power and authority vested 594
in them by this paragraph. The Governor and Acting Governor may 595
issue additional proclamations for periods of ninety (90) days 596
each under the authority of paragraphs (a) and (b) of this 597
subsection (2). 598
(3) All proclamations issued by the Governor or Acting 599
Governor shall be filed in the Office of the Secretary of State on 600
the next succeeding business day. 601
(4) It is not the intention of this section to vest the wide 602
powers and authority herein provided for, as general powers of the 603
Department of Public Safety, and the same are not hereby so 604
vested, but to limit these general powers to cases and incidents 605
wherein it is deemed necessary to prevent or suppress the offenses 606
and conditions herein mentioned in this and other subsections of 607
this section, and under the terms and conditions hereinabove 608
enumerated, it being the sense of the Legislature that the prime 609
duties of the Department of Public Safety are to patrol the 610
highways of this state and enforce the highway safety laws. 611
(5) Patrol officers shall have no interest in any costs in 612
the prosecution of any case through any court; nor shall any 613
patrol officer receive any fee as a witness in any court held in 614
this state, whether a state or federal court. 615
(6) Provided, however, that the general police power vested 616
by virtue of the terms of subsection (2) of this section is solely 617
for the purposes set out in said subsection. 618
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SECTION 6. Section 45-3-19, Mississippi Code of 1972, is 619
brought forward as follows: 620
45-3-19. The commissioner shall have authority, with the 621
approval of the Governor, to make needful and proper rules and 622
regulations governing the proper discipline of the members of the 623
patrol, of selecting, designing and effecting an appropriate 624
uniform therefor, and prescribing outfits and equipment and 625
supplies necessary and proper to carry out the objects of this 626
chapter. The commissioner shall provide the same as well as such 627
weapons, vehicles and equipment as shall be necessary and proper 628
and shall be responsible therefor. The commissioner, with the 629
approval of the Governor, shall, from time to time, establish 630
headquarters and substations, as he shall deem it advisable for 631
the objects and purposes of such an organization and for the 632
enforcement of the laws, rules and regulations hereinabove 633
provided, and to that end he may, with the approval of the 634
Governor acquire the right to use lands and buildings for the 635
accommodation of members of said organization and properties and 636
equipment. 637
SECTION 7. Section 45-3-9, Mississippi Code of 1972, is 638
brought forward as follows: 639
45-3-9. (1) The chief of patrol, directors, inspectors, 640
assistant inspectors, patrol officers and investigators of the 641
department shall be selected after an examination as to physical 642
and mental fitness, knowledge of traffic laws, rules and 643
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ST: Department of Public Safety; consolidate
offices and revise provisions related to.
regulations of this state, the laws of the state pertaining to 644
arrest, and the rules and regulations of the Mississippi 645
Department of Public Safety and Public Service Commission, such 646
examination to be prescribed by the commissioner. At the time of 647
appointment they shall be citizens of the United States and the 648
State of Mississippi, of good moral character, and shall be not 649
less than twenty-one (21) years of age and shall have a high 650
school diploma or High School Equivalency Diploma. 651
(2) Sworn agents of the Mississippi Bureau of Narcotics who 652
are employed as enforcement troopers shall retain all 653
compensatory, personal and sick leave accrued pursuant to Sections 654
25-3-92, 25-3-93 and 25-3-95. 655
SECTION 8. This act shall take effect and be in force from 656
and after July 1, 2026. 657