Law enforcement officers; entitled to certain follow-up drug testing before loss of certification., the official text

MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Judiciary, Division B

By: Senator(s) Sparks, McMahan

Senate Bill 2416

(As Sent to Governor)

AN ACT TO CREATE NEW SECTION 45-6-16, MISSISSIPPI CODE OF
1972, TO CREATE A RIGHT TO FOLLOW-UP TESTING FOR A LAW ENFORCEMENT OFFICER WHO
TESTS POSITIVE FOR ILLEGAL DRUG USE AND TO PROVIDE FOR TERMS OF SUSPENSION
PENDING THE RECEIPT OF RESULTS FROM THE FOLLOW-UP TEST; TO AMEND SECTION 45-6-17,
MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1.  The
following shall be codified as Section 45-6-16, Mississippi Code of 1972:

45-6-16.  (1)  Any
full- or part-time law enforcement officer who is accused of drug use in
violation of the employer's policies or state law based upon the results of a
urinalysis must be afforded the opportunity to undergo a subsequent, more
scientifically reliable test before the officer is terminated.

(2)  If a full- or part-time
law enforcement officer is required as a condition of employment to submit to a
urine test for drug use and the result of the test is positive, the officer shall
be relieved of duty and placed on administrative leave without pay.  The
officer is allowed two (2) business days following official written notice of
the results to contest the test results.  If the officer does not contest the
test results within the two-day period, the employer may initiate disciplinary
action.  If the officer contests the test results within the two-day period,
the officer is allowed an additional five (5) days to appear at a certified
laboratory and voluntarily submit to the taking of a hair sample for the
purpose of a hair follicle test for drug analysis.  The hair follicle test
shall be initially conducted at the expense of the officer; however, if the
test result is negative, the officer shall be reimbursed the cost of the test
by the employer.  If the test result is positive, the officer shall bear the
cost of the test.  If the hair follicle test result is negative for the drug or
drugs specified in the urinalysis report and thereby does not support the
findings of the urinalysis, then the urinalysis results shall be declared a
false positive, and the officer shall be immediately placed back into his
previous position of employment and shall receive back pay from the date of
the officer's suspension.

SECTION 2.  Section
45-6-17, Mississippi Code of 1972, is amended as follows:

45-6-17.  (1)  Any full- or
part-time law enforcement officer who does not comply with the provisions of
this chapter, or whose certificate has been suspended or revoked under
provisions of this chapter, shall not be authorized to exercise the powers of
law enforcement officers generally, and particularly shall not be authorized to
exercise the power of arrest.

(2)  Any state agency or
political subdivision that employs a person as a full- or part-time law
enforcement officer who does not meet the requirements of this chapter, or who
employs a person whose certificate has been suspended or revoked under
provisions of this chapter, is prohibited from paying the salary of such person
unless the person is lawfully reinstated, or providing any public monies
for the equipment or support of the law enforcement activities of such person and
any person violating this subsection shall be personally liable for making such
payment.

SECTION 3.  This act
shall take effect and be in force from and after July 1, 2026.