Mississippi SB 2236: Department of Public Safety; revise provisions related to.

Bill Text

S. B. No. 2236 *SS26/R500* ~ OFFICIAL ~ G1/2
23/SS26/R500
PAGE 1 (ens\tb)

To: Judiciary, Division B;
Appropriations
MISSISSIPPI LEGISLATURE REGULAR SESSION 2023

By: Senator(s) Fillingane

SENATE BILL NO. 2236

AN ACT TO AMEND SECTION 45-2-1, MISSISSIPPI CODE OF 1972, TO 1
PROVIDE THE DEPARTMENT OF PUBLIC SAFETY THE AUTHORITY TO PAY DEATH 2
BENEFITS TO OFFICERS AND FIREFIGHTERS FOUND TO BE THE RESULT OF 3
UNFORESEEN OR UNPRECEDENTED CIRCUMSTANCES; TO AUTHORIZE THE 4
COMMISSIONER OF THE DEPARTMENT OF PUBLIC SAFETY TO ESTABLISH A 5
LIFE INSURANCE POLICY AS AN ALTERNATIVE TO THE LAW ENFORCEMENT 6
OFFICERS AND FIRE FIGHTERS DEATH BENEFITS TRUST FUND; TO AMEND 7
SECTION 45-27-9, MISSISSIPPI CODE OF 1972, TO PROVIDE THE 8
MISSISSIPPI JUSTICE INFORMATION CENTER THE AUTHORITY TO SECURE 9
GRANTS TO PURCHASE LIVE SCAN EQUIPMENT; TO REQUIRE ALL LAW 10
ENFORCEMENT AGENCIES TO UTILIZE ANY LIVE SCAN EQUIPMENT PROVIDED 11
BY THE CENTER; TO CREATE NEW SECTION 45-27-23, MISSISSIPPI CODE OF 12
1972, TO ADOPT THE NATIONAL CRIME PREVENTION AND PRIVACY COMPACT; 13
TO PROVIDE FOR THE COMPACT'S IMPLEMENTATION BY THE MISSISSIPPI 14
JUSTICE INFORMATION CENTER; TO AMEND SECTION 63-1-16, MISSISSIPPI 15
CODE OF 1972, TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO 16
PROVIDE COUNTY SEATS DRIVER SERVICE BUREAU PUBLIC ACCESS COMPUTERS 17
INSTEAD OF EITHER A PERMANENT DIVER'S LICENSE KIOSK OR A LICENSE 18
EXAMINER; TO AMEND SECTION 63-16-3, MISSISSIPPI CODE OF 1972, TO 19
EXEMPT RECORDS IN THE MOTOR VEHICLE INSURANCE VERIFICATION SYSTEM 20
FROM THE PROVISIONS OF THE MISSISSIPPI PUBLIC RECORDS ACT; TO 21
AMEND SECTION 63-16-13, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE 22
DEPARTMENT OF PUBLIC SAFETY TO USE FUNDS IN THE UNINSURED MOTORIST 23
IDENTIFICATION FUND TO PAY CERTAIN LIFE INSURANCE PREMIUMS; TO 24
REPEAL SECTION 63-16-15, MISSISSIPPI CODE OF 1972, WHICH IS THE 25
AUTOMATIC REPEALER ON THE PUBLIC SAFETY VERIFICATION AND 26
ENFORCEMENT ACT; TO BRING FORWARD SECTION 45-9-101, MISSISSIPPI 27
CODE OF 1972, FOR POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES. 28
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 29
SECTION 1. Section 45-2-1, Mississippi Code of 1972, is 30
amended as follows: 31

S. B. No. 2236 *SS26/R500* ~ OFFICIAL ~
23/SS26/R500
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ST: Department of Public Safety; revise
provisions related to.
45-2-1. (1) Whenever used in this section, the term: 32
(a) "Covered individual" means a law enforcement 33
officer or firefighter, including volunteer firefighters, as 34
defined in this section when employed by an employer as defined in 35
this section; it does not include employees of independent 36
contractors. 37
(b) "Employer" means a state board, commission, 38
department, division, bureau or agency, or a county, municipality 39
or other political subdivision of the state, which employs, 40
appoints or otherwise engages the services of covered individuals. 41
(c) "Firefighter" means an individual who is trained 42
for the prevention and control of loss of life and property from 43
fire or other emergencies, who is assigned to firefighting 44
activity, and is required to respond to alarms and perform 45
emergency actions at the location of a fire, hazardous materials 46
or other emergency incident. 47
(d) "Law enforcement officer" means any lawfully sworn 48
officer or employee of the state or any political subdivision of 49
the state whose duties require the officer or employee to 50
investigate, pursue, apprehend, arrest, transport or maintain 51
custody of persons who are charged with, suspected of committing, 52
or convicted of a crime, whether the officer is on regular duty on 53
full-time status, an auxiliary or reserve officer, or is serving 54
on a temporary or part-time status. 55

S. B. No. 2236 *SS26/R500* ~ OFFICIAL ~
23/SS26/R500
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ST: Department of Public Safety; revise
provisions related to.
(e) "Cause of death" means any cause of death that 56
would be covered under the Public Safety Officers' Benefits Act of 57
1976, the Hometown Heroes Survivors Benefits Act of 2003, 58
generally codified at 42 USCS Chapter 46, or the Safeguarding 59
America's First Responders Act of 2020. 60
(2) (a) The Department of Public Safety shall make a 61
payment, as provided in this section, in the amount of One Hundred 62
Thousand Dollars ($100,000.00) when a covered individual, while 63
engaged in the performance of the person's official duties, dies 64
or receives accidental or intentional bodily injury that results 65
in the loss of the covered individual's life and such death is the 66
result of a covered cause of death, provided that the death is not 67
the result of suicide and that the bodily injury is not 68
intentionally self-inflicted. Upon specific appropriation by the 69
Legislature, the Department of Public Safety may pay certain 70
claims for death benefits that it finds to be the result of 71
unforeseen or unprecedented circumstances, provided that 72
sufficient funds exist at