HB 1338 — Unmarked vehicles; revise requirements for and prohibit impersonation of law enforcement.

1338 (As PassedSent theto House)Governor) AN ACT TO AMEND SECTION 25-1-87, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS OF LAW REGULATING UNMARKED VEHICLES FOR PURPOSES OF CLARIFICATION;

TO AMEND SECTION 45-3-29, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE CRIME OF IMPERSONATING A PATROLMAN SHALL BE A FELONY;

TO INCREASE THE MINIMUM TERM OF IMPRISONMENT FOR THE CRIME OF IMPERSONATING A PATROLMAN;

TO AMEND SECTION 97-7-44, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE CRIME OF IMPERSONATING A LAW ENFORCEMENT OFFICER SHALL BE A FELONY;

TO INCREASE THE PENALTY FOR IMPERSONATING A LAW ENFORCEMENT OFFICER;

TO REPEAL SECTION 97-7-43, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE OFFENSE OF IMPERSONATING STATE, COUNTY OR MUNICIPAL OFFICERS OR EMPLOYEES AND IS A DUPLICATIVE SECTION;

(1) All motor vehicles owned or leased by the State of Mississippi or any agency, department or political subdivision thereof, which shall include counties and municipalities, when such agency or department or political subdivision, which shall include counties and municipalities, is supported wholly or in part by public taxes or by appropriations from public funds, shall have painted on both sides in letters at leastH. three (3) inches in height, and on the rear in letters not less than one and one-half (1-1/2) inches in height, the name of the state agency or department, or political subdivision, which shall include counties and municipalities, in a color which is in contrast with the color of the vehicle;

provided, however, that a permanent decal may be H.

1338 *HR26/R1794PH**HR26/R1794SG* ~ OFFICIAL ~ G1/2 25/HR26/R1794PH25/HR26/R1794SG PAGE 1 (GT\KW) usedleast inthree lieu(3) ofinches paint,in andheight, provided further, that any state agency or department, or political subdivision, which shall include counties and municipalities,on *the *rear *in mayletters affixnot aless permanentthan decalone or design at least twelve (12) inches in height and twelveone-half (12)(1-1/2) inches in widthheight, on both sides of the vehicle with the name of the municipalitystate withinagency or acrossdepartment, the permanent decal or design,political andsubdivision, thewhich permanentshall designinclude orcounties decaland shallmunicipalities, be in a color or colors which areis in contrast with the color of the vehicle.vehicle;

provided, however, that a permanent decal may be used in lieu of paint, and provided further, that any * * * state agency or department, or political subdivision, which shall include counties and municipalities, may affix a permanent decal or design at least twelve (12) inches in height and twelve (12) inches in width on both sides of the vehicle with the name of the municipality within or across the permanent decal or design, and the permanent design or decal shall be in a color or colors which are in contrast with the color of the vehicle.

The provisions of this paragraph * * * shall onlynot apply to vehicles which are for use by sworn officers in the performance of their official duties which include, but are not limited to, ensuring the safety of the public, the apprehension and investigation of criminal offenders, or the investigation of criminal activities including vehicles used by the Chief Executive of the State of Mississippi, to vehicles owned or leased by the Department of Economic and Community Development, to vehicles owned or leased by the Office of the Attorney General, * * * to vehicles owned or leased motor vehicles operated by the Department of Mental Health or by facilities operated by the Department of Mental Health and used for transporting patients living in group homes or alternative living arrangements, up to four (4) vehicles owned or leased by economic development H.

1338 *HR26/R1794PH**HR26/R1794SG* ~ OFFICIAL ~ 25/HR26/R1794PH25/HR26/R1794SG PAGE 2(GT\KW) four (4) vehicles owned or leased by economic development districts or economic development authorities, up to three (3) vehicles owned or leased by the Department of Insurance for use by the State Fire Marshal's Office, up to three (3) vehicles owned or leased by the Department of Corrections and used only by Community Services Division officers, to vehicles owned or leased by the Department of Public Safety for executive protection, and to vehicles owned or leased by the Agricultural and Livestock Theft Bureau of the Department of Agriculture and Commerce and used for investigative purposes.

* * * The provisions of this paragraph shall not apply to one (1) vehicle owned or leased by the Executive Director of the Department of Mental Health, * * * the Mississippi Division of Medicaid, * * * the State Department of Rehabilitation Services, * * * the Mississippi Department of Transportation, * * * the Commissioner of the Mississippi Department of Corrections, * * * the Mississippi Department of Marine Resources, or to not more than one (1) vehicle owned or leased by the Department of Revenue;

1338 *HR26/R1794PH**HR26/R1794SG* ~ OFFICIAL ~ 25/HR26/R1794PH25/HR26/R1794SG PAGE 3(GT\KW) The Governor may authorize the use of specified unmarked vehicles * * * upon written request of any state agency department or political subdivision only in instances where such identifying marks will hinder official investigations.

* * * The written request shall contain the manufacturer's serial number, the state inventory number, where applicable, and shall set forth why the vehicle should be exempt.

The governing authorities of any municipality or county may authorize the use of specified, unmarked police vehicles when identifying marks would hinder official criminal investigations by the police.

1338 *HR26/R1794PH**HR26/R1794SG* ~ OFFICIAL ~ 25/HR26/R1794PH25/HR26/R1794SG PAGE 4(GT\KW) compromise security at such airport or school.

1338 *HR26/R1794PH**HR26/R1794SG* ~ OFFICIAL ~ 25/HR26/R1794PH25/HR26/R1794SG PAGE 5(GT\KW) section is certified to the Department of Revenue by the State Department of Audit.

* * * SECTION(2) 2.Any authorization of unmarked vehicles under this section, notwithstanding any other provision of law, shall only apply to vehicles which are for use by sworn officers in the performance of their official duties which include, but are not limited to, ensuring the safety of the public, the apprehension and investigation of criminal offenders, or the investigation of criminal activities, including vehicles.

SECTION 2.

Section 45-3-29, Mississippi Code of 1972, is amended as follows:

45-3-29.

(1) Except as otherwise authorized under this section, it shall be unlawful for any person not authorized so to do to impersonate a state highway safety patrolman, wear or use the insignia or uniform thereof, or to in anywise imitate or impersonate such patrolman.

Any person adjudged guilty of violating this section shall be guilty of a * * * felony and upon conviction, shall be punished by a fine of not more than * * * H.

B.

No.

1338 *HR26/R1794SG* ~ OFFICIAL ~ 25/HR26/R1794SG PAGE 6(GT\KW) Five Thousand Dollars ($5,000.00) or by imprisonment in the * * * custody of the Department of Corrections for a term not exceeding * * * three (3) years, or by both such fine and imprisonment.

Nothing in this section, however, shall be construed to prevent or preclude the boards of supervisors of the several counties from employing county highway patrolmen as presently authorized by law, and said county patrolmen shall, when authorized by the commissioner and under rules and regulations with respect thereto, after completing such examinations and meeting such requirements as are specified by the commissioner, be entitled to wear the uniform and insignia of state highway safety patrolmen and discharge the duties thereof.

(2) It shall not be unlawful or a violation of this section for a retired state highway safety patrol officer to wear the uniform and insignia of the state highway safety patrol when making presentations, delivering speeches or addressing public or private audiences for the purpose of entertaining or amusing such audiences provided such retired officer obtains written authorization from the Commissioner of Public Safety before engaging in such events.

The approval of the commissioner shall not be required for each separate event but shall remain effective as an authorization for all such events until revoked or rescinded by the commissioner.

SECTION 3.

Section 97-7-44, Mississippi Code of 1972, is amended as follows:

H.

B.

No.

1338 *HR26/R1794SG* ~ OFFICIAL ~ 25/HR26/R1794SG PAGE 7(GT\KW) 97-7-44.

(1) Any person who falsely and willfully assumes or pretends to be an officer or employee acting under the authority of the State of Mississippi or any department, agency or officer thereof;

or of any county, municipality or any other subdivision of the State of Mississippi, or of any department agency or officer of such county, municipality or subdivision, shall be guilty of a misdemeanor and punished for each separate such offense by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment of not more than six (6) months in jail, or by both such fine and imprisonment.

(2) Any person who violates this section by willfully assuming or pretending to be a law enforcement officer shall be guilty of a felony and shall be subject to a fine of not more than Five Thousand Dollars ($5,000.00) or by imprisonment in the custody of the Department of Corrections for a term not exceeding three (3) years, or by both such fine and imprisonment.

SECTION 4.