Shown verbatim: the complete text as captured from the official page posted by the Mississippi Legislature, fetched 2026-08-29. This is the enrolled version. The official bill page.
MISSISSIPPI LEGISLATURE 2026 Regular Session To: Judiciary B By: Representatives Burch, Arnold, Hall House Bill 611 (As Sent to Governor) AN ACT TO AMEND SECTION 45-6-11, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IF THE MISSISSIPPI BOARD ON LAW ENFORCEMENT STANDARDS AND TRAINING CONTEMPLATES REPRIMANDING, SUSPENDING, CANCELLING OR RECALLING THE CERTIFICATION OF A LAW ENFORCEMENT OFFICER, THEN SUCH OFFICER SHALL BE ENTITLED TO DISCOVERY DURING THE HEARING PROCESS OF THE BOARD; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. Section 45-6-11, Mississippi Code of 1972, is amended as follows: 45-6-11. (1) Law enforcement officers already serving under permanent appointment on July 1, 1981, and personnel of the Division of Community Services under Section 47-7-9 serving on July 1, 1994, shall not be required to meet any requirement of subsections (3) and (4) of this section as a condition of continued employment; nor shall failure of any such law enforcement officer to fulfill such requirements make that person ineligible for any promotional examination for which that person is otherwise eligible. Provided, however, if any law enforcement officer certified under the provisions of this chapter leaves his or her employment as such and does not become employed as a law enforcement officer within two (2) years from the date of termination of his or her prior employment, he or she shall be required to comply with board policy as to rehiring standards in order to be employed as a law enforcement officer; except, that, if any law enforcement officer certified under this chapter leaves his or her employment as such to serve as a sheriff, he or she may be employed as a law enforcement officer after he or she has completed his or her service as a sheriff without being required to comply with board policy as to rehiring standards. Part-time law enforcement officers serving on or before July 1, 1998, shall have until July 1, 2001, to obtain certification as a part-time officer. (2) (a) Any person who has twenty (20) years of law enforcement experience and who is eligible to be certified under this section shall be eligible for recertification after leaving law enforcement on the same basis as someone who has taken the basic training course. Application to the board to qualify under this paragraph shall be made no later than June 30, 1993. (b) Any person who has twenty-five (25) years of law enforcement experience, whether as a part-time, full-time, reserve or auxiliary officer, and who has received certification as a part-time officer, may be certified as a law enforcement officer as defined in Section 45-6-3(c) without having to meet further requirements. Application to the board to qualify under this paragraph shall be made no later than June 30, 2009. (3) (a) No person shall be appointed or employed as a law enforcement officer or a part-time law enforcement officer unless that person has been certified as being qualified under the provisions of subsection (4) of this section. (b) No person shall be appointed or employed as a law enforcement trainee in a full-time capacity by any law enforcement unit for a period to exceed one (1) year. No person shall be appointed or employed as a law enforcement trainee in a part-time, reserve or auxiliary capacity by any law enforcement unit for a period to exceed two (2) years. The prohibition against the appointment or employment of a law enforcement trainee in a full-time capacity for a period not to exceed one (1) year or a part-time, reserve or auxiliary capacity for a period not to exceed two (2) years may not be nullified by terminating the appointment or employment of such a person before the expiration of the time period and then rehiring the person for another period. Any person, who, due to illness or other events beyond his control, could not attend the required school or training as scheduled, may serve with full pay and benefits in such a capacity until he can attend the required school or training. (c) No person shall serve as a law enforcement officer in any full-time, part-time, reserve or auxiliary capacity during a period when that person's certification has been suspended, cancelled or recalled pursuant to the provisions of this chapter. (4) In addition to the requirements of subsections (3), (7) and (8) of this section, the board, by rules and regulations consistent with other provisions of law, shall fix other qualifications for the employment of law enforcement officers, including minimum age, education, physical and mental standards, citizenship, good moral character, experience and such other matters as relate to the competence and reliability of persons to assume and discharge the responsibilities of law enforcement officers, and the board shall prescribe the means for presenting evidence of fulfillment of these requirements. Additionally, the board shall fix qualifications for the appointment or employment of part-time law enforcement officers to essentially the same standards and requirements as law enforcement officers. The board shall develop and implement a part-time law enforcement officer training program that meets the same performance objectives and has essentially the same or similar content as the programs approved by the board for full-time law enforcement officers and the board shall provide that such training shall be available locally and held at times convenient to the persons required to receive such training. (5) Any elected sheriff, constable, deputy or chief of police may apply for certification. Such certification shall be granted at the request of the elected official after providing evidence of satisfaction of the requirements of subsections (3) and (4) of this section. Certification granted to such elected officials shall be granted under the same standards and conditions as established by law enforcement officers and shall be subject to recall as in subsection (7) of this section. (6) The board shall issue a certificate evidencing satisfaction of the requirements of subsections (3) and (4) of this section to any applicant who presents such evidence as may be required by its rules and regulations of satisfactory completion of a program or course of instruction in another jurisdiction or military training equivalent in content and quality to that required by the board for approved law enforcement officer education and training programs in this state, and has satisfactorily passed any and all diagnostic testing and evaluation as required by the board to ensure competency. (7) Professional certificates remain the property of the board, and the board reserves the right to either reprimand the holder of a certificate, suspend a certificate upon conditions imposed by the board, or cancel and recall any certificate when: (a) The certificate was issued by administrative error; (b) The certificate was obtained through misrepresentation or fraud; (c) The holder has been convicted of any crime involving moral turpitude; (d) The holder has been convicted of a felony; (e) The holder has committed an act of malfeasance or has been dismissed from his employing law enforcement agency; or (f) Other due cause as determined by the board. (8) When the board believes there is a reasonable basis for either the reprimand, suspension, cancellation of, or recalling the certification of a law enforcement officer or a part-time law enforcement officer, notice and opportunity for a hearing shall be provided in accordance with law prior to such reprimand, suspension or revocation. For any hearing that is provided, a law enforcement officer or part-time law enforcement officer may request and shall be provided: (a) any documentary evidence which could be introduced at the hearing to substantiate the reprimand, suspension, cancellation of, or recalling the certification of the officer in question;(b) any exculpatory information in the possession, custody, or control of the Office of Standards and Training that is material to the issues to be determined at the hearing; and (c) a list of witnesses expected to testify in support of the proposed reprimand, suspension, cancellation of, or recall of certification, including the witnesses' names, addresses and contact information. Any confidential information contained in the documentary evidence may be redacted by the Executive Director of the Office of Standards and Training. (9) Any full- or part-time law enforcement officer aggrieved by the findings and order of the board may file an appeal with the chancery court of the county in which such person is employed from the final order of the board. Such appeals must be filed within thirty (30) days of the final order of the board. (10) Any full- or part-time law enforcement officer whose certification has been cancelled pursuant to this chapter may reapply for certification, but not sooner than two (2) years after the date on which the order of the board cancelling such certification becomes final. (11) (a) Any full- or part-time law enforcement officer, who is certified as required by the provisions under this chapter, and such officer resigns from his or her law enforcement agency, then the agency that the officer has resigned from shall notify the board in writing and by email within seventy-two (72) hours of the officer's resignation. (b) If any full- or part-time law enforcement officer is terminated or resigns due to disciplinary action, the law enforcement agency shall notify the board within seventy-two (72) hours of the termination or resignation, as the case may be, and the agency shall provide in writing and by email to the board, the explanation for the termination or resignation of the officer. The required explanation of such termination or resignation shall be submitted, along with the required notification, within the same seventy-two (72) hour time frame as required under this subsection. (c) If a law enforcement agency fails to adhere to the reporting requirements of this subsection, as determined by the board, then such agency, during the time of noncompliance: (i) Shall not be eligible for state grants or other subsidiary funding provided by the state; and (ii) Shall not receive reimbursement for continuing education requirements as provided under Section 45-6-19. (d) When the board determines that a law enforcement agency failed to adhere to the reporting requirements of this subsection, notice and opportunity for a hearing shall be provided by the board in accordance with law prior to the failure of the reporting. (e) Any law enforcement agency that is aggrieved by any order or ruling made under the provisions of this subsection has the same rights and procedure of appeal as from any other order or ruling of the board. (f) The board is authorized to institute and promulgate all rules necessary for implementing the requirements set out under this subsection (11). SECTION 2. This act shall take effect and be in force from and after July 1, 2026.
Every fact on this page links to its source, starting with the official bill record.