SB 2652

MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Accountability, Efficiency, Transparency
By: Senator(s) McLendon
Senate Bill 2652
AN ACT TO AMEND SECTION 45-2-1, MISSISSIPPI CODE OF 1972, TO
INCLUDE COUNTY AND MUNICIPALITY ROAD WORKERS DURING AND AFTER EMERGENCIES AS
INDIVIDUALS ELIGIBLE TO RECEIVE BENEFITS FROM THE LAW ENFORCEMENT OFFICERS AND
FIRE FIGHTERS DEATH AND DISABILITY BENEFITS TRUST FUND; TO AMEND SECTION 45-2-21,
MISSISSIPPI CODE OF 1972, TO INCLUDE COUNTY AND MUNICIPALITY ROAD WORKERS
DURING AND AFTER EMERGENCIES AS INDIVIDUALS ELIGIBLE TO RECEIVE BENEFITS FROM
THE LAW ENFORCEMENT OFFICERS AND FIRE FIGHTERS DISABILITY BENEFIT TRUST FUND;
TO AMEND SECTION 45-41-1, MISSISSIPPI CODE OF 1972, TO ADD CONFORMING
DEFINITIONS; AND FOR RELATED PURPOSES.
���� BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF MISSISSIPPI:
���� SECTION 1.� Section
45-2-1, Mississippi Code of 1972, is amended as follows:
���� 45-2-1.� (1)� Whenever used
in this section, the term:
��������� (a)� "Covered
individual" means a law enforcement officer or firefighter, including
volunteer firefighters, and county road and public
works employees during and after emergencies, as defined in this
section when employed by an employer as defined in this section; it does not
include employees of independent contractors.
��������� (b)�
"Employer" means a state board, commission, department, division,
bureau or agency, or a county, municipality or other political subdivision of
the state, which employs, appoints or otherwise engages the services of covered
individuals.
��������� (c)�
"Firefighter" means an individual who is trained for the prevention
and control of loss of life and property from fire or other emergencies, who is
assigned to firefighting activity, and is required to respond to alarms and
perform emergency actions at the location of a fire, hazardous materials or
other emergency incident.
��������� (d)� "Law
enforcement officer" means any lawfully sworn officer or employee of the
state or any political subdivision of the state whose duties require the
officer or employee to investigate, pursue, apprehend, arrest, transport or
maintain custody of persons who are charged with, suspected of committing, or
convicted of a crime, whether the officer is on regular duty on full-time
status, an auxiliary or reserve officer, or is serving on a temporary or part-time
status.
��������� (e)�
"Road/Public works" means an individual who is trained for the
maintenance and repair of publicly owned roads and utilities of a county or
municipality.� Personnel who may be deployed to bioterrorism attacks, terrorist
attacks, catastrophic or natural disasters and perform emergency actions at the
location of the incident to remove trees and debris, or control hazards related
to gas, power or water, so that other responders may safely respond with life
safety opeations.
��������� ( * * *ef)� "Cause of death" means
any cause of death that would be covered under the Public Safety Officers'
Benefits Act of 1976, the Hometown Heroes Survivors Benefits Act of 2003,
generally codified at 42 USCS Chapter 46, or the Safeguarding America's First
Responders Act of 2020.
���� (2) (a) (i)� The Department
of Public Safety shall make a payment, as provided in this section, in the
amount of One Hundred Thousand Dollars ($100,000.00) when a covered individual,
while engaged in the performance of the person's official duties, dies or
receives accidental or intentional bodily injury that results in the loss of
the covered individual's life and such death is the result of a covered cause
of death, provided that the death is not the result of suicide and that the
bodily injury is not intentionally self-inflicted.
������������� (ii)� In addition
to the payment authorized in subparagraph (i) of this paragraph, the Department
of Public Safety shall pay Twenty-five Thousand Dollars ($25,000.00) per child
of the covered individual, not to exceed a total payment of Two Hundred Fifty
Thousand ($250,000.00) under this subsection (2).
��������� (b)� The payment
provided for in this subsection shall be made to the beneficiary who was
designated in writing by the covered individual, signed by the covered
individual and delivered to the employer during the covered individual's
lifetime.� If no such designation is made, then the payment shall be made to
the surviving child or children and spouse in equal portions, and if
there is no surviving child or spouse, then to the parent or parents.� If a
beneficiary is not designated and there is no surviving child, spouse or
parent, then the payment shall be made to the covered individual's estate.
��������� (c)� The payment made
in this subsection is in addition to any workers' compensation or pension
benefits and is exempt from the claims and demands of creditors of the covered
individual.
���� (3)� (a)� There is
established in the State Treasury a special fund to be known as the Law
Enforcement Officers and Fire Fighters Death Benefits Trust Fund.� The trust
fund shall be funded by an initial appropriation of Two Hundred Thousand
Dollars ($200,000.00), and shall be comprised of any additional funds made
available by the Legislature or by donation, contribution, gift or any other
source.
��������� (b)� The State
Treasurer shall invest the monies of the trust fund in any of the investments
authorized for the funds of the Public Employees' Retirement System under
Section 25-11-121, and those investments shall be subject to the limitations
prescribed by Section 25-11-121.
��������� (c)� Unexpended amounts
remaining in the trust fund at the end of the state fiscal year shall not lapse
into the State General Fund, and any income earned on amounts in the trust fund
shall be deposited to the credit of the trust fund.� However, any unexpended
amounts transferred in accordance with Section 2 of Chapter 315, Laws of 2022,
and remaining in the trust fund at the end of the state fiscal year shall lapse
into the Coronavirus State Fiscal Recovery Fund.
���� (4)� The Department of
Public Safety shall be responsible for the management of the trust fund and the
disbursement of death benefits authorized under this section.� The Department
of Public Safety shall adopt rules and regulations necessary to implement and
standardize the payment of death benefits under this section, to administer the
trust fund created by this section and to carry out the purposes of this
section.
���� SECTION 2.� Section
45-2-21, Mississippi Code of 1972, is amended as follows:
���� 45-2-21.� (1)� Whenever used
in this section, the term:
��������� (a)� "Covered
individual" means a law enforcement officer or firefighter, including
volunteer firefighters, and county road and public works employees during
and after emergencies, as defined in this section while actively engaged in
protecting the lives and property of the citizens of this state when employed by
an employer as defined in this section; it does not include employees of
independent contractors.
��������� (b)�
"Employer" means a state board, commission, department, division,
bureau, or agency, or a county, municipality or other political subdivision of
the state, which employs, appoints or otherwise engages the services of covered
individuals.
��������� (c)�
"Firefighter" means an individual who is trained for the prevention
and control of loss of life and property from fire or other emergencies, who is
assigned to firefighting activity, and is required to respond to alarms and
perform emergency actions at the location of a fire, hazardous materials or
other emergency incident.
��������� (d)� "Law
enforcement officer" means any lawfully sworn officer or employee of the
state or any political subdivision of the state whose duties require the
officer or employee to investigate, pursue, apprehend, arrest, transport or
maintain custody of persons who are charged with, suspected of committing, or
convicted of a crime.
��������� (e)� "Road/Public
works" means an individual who is trained for the maintenance and repair
of publicly owned roads and utilities of a county or municipality.� Personnel
who may be deployed to bioterrorism attacks, terrorist attacks, catastrophic or
natural disasters and perform emergency actions at the location of the incident
to remove trees and debris, or control hazards related to gas, power or water,
so that other responders may safely respond with life safety operations.
���� (2)� (a)� The Attorney
General's office shall make a monthly disability benefit payment equal to
thirty-four percent (34%) of the covered individual's regular base salary at
the time of injury when a covered individual, while engaged in the performance
of the individual's official duties, is accidentally or intentionally injured
in the line of duty as a direct result of a single incident.� The benefit shall
be payable for the period of time the covered individual is physically unable
to perform the duties of the covered individual's employment, not to exceed
twelve (12) total payments for any one (1) injury.� Chronic or repetitive
injury is not covered.� Benefits made available under this section shall be in
addition to any workers' compensation benefits and shall be limited to the
difference between the amount of workers' compensation benefits and the amount
of the covered individual's regular base salary.� Compensation under this
section shall not be awarded where a penal violation committed by the covered
individual contributed to the disability or the injury was intentionally self-inflicted.
��������� (b)� Payments made
under this subsection are exempt from the claims and demands of creditors of
the covered individual.
���� (3)� (a)� There is
established in the State Treasury a special fund to be known as the Law
Enforcement Officers and Fire Fighters Disability Benefits Fund.� The fund
shall be funded by any funds made available by the Legislature or by donation,
contribution, gift or any other source.
��������� (b)� The State
Treasurer shall invest the monies of the fund in any of the investments
authorized for the funds of the Public Employees' Retirement System under
Section 25-11-121, and those investments shall be subject to the limitations
prescribed by Section 25-11-121.
��������� (c)� Unexpended amounts
remaining in the fund at the end of the state fiscal year shall not lapse into
the State General Fund, and any income earned on amounts in the fund shall be
deposited to the credit of the fund.
���� (4)� The Attorney General's
office shall be responsible for the management of the fund and the disbursement
of disability benefits authorized under this section.� The Attorney General
shall adopt rules and regulations necessary to implement and standardize the
payment of disability benefits under this section, to administer the fund
created by this section and to carry out the purposes of this section.� The
Attorney General's office may expend up to ten percent (10%) of the monies in
the fund for the administration and management of the fund and carrying out the
purposes of this section.
���� (5)� From and after July 1,
2016, the expenses of the Law Enforcement Officers and Fire Fighters Disability
Benefits Fund shall be defrayed by appropriation from the State General Fund
and all user charges and fees authorized under this section shall be deposited
into the State General Fund as authorized by law and as determined by the State
Fiscal Officer.
���� (6)� From and after July 1,
2016, no state agency shall charge another state agency a fee, assessment, rent
or other charge for services or resources received by authority of this
section.
���� SECTION 3.� Section
45-41-1, Mississippi Code of 1972, is amended as follows:
���� 45-41-1.� (1)� This section
shall be known and cited as the "Mississippi Silver Alert System Act of
2010."
���� (2)� The
Legislature finds that:
��������� (a)� Wandering is a
common behavior among those persons with dementia or other cognitive
impairments that causes great concern for the families and caregivers of this
state;
��������� (b)� This state is not
currently equipped with the systems necessary to locate those with dementia or
other cognitive impairments in a timely manner, with the unfortunate result
that some individuals are never returned home to their families; and
��������� (c)� It is imperative
that this state develop a plan to ensure that if an individual with dementia or
other cognitive impairments is missing, the appropriate infrastructure is
available and can be easily and timely activated to protect the health and
safety of these vulnerable citizens.
���� (3)� When used in
this section, unless the context requires a different definition, the following
terms shall have the following meanings:
��������� (a)� "E911"
means Enhanced Universal Emergency Number Service or Enhanced 911 Service,
which is a telephone exchange communications service by which a Public Safety
Answering Point designated by the county or local communication district may
receive telephone calls dialed to the telephone number 911.
��������� (b)� "First
responders" means state and local law enforcement personnel, fire
department personnel, emergency medical personnel, emergency management
personnel and public works personnel who may be deployed to bioterrorism
attacks, terrorist attacks, catastrophic or natural disasters and emergencies.
��������� (c)� "Originating
local law enforcement agency" means a local police or sheriff's office
that has jurisdiction over the area where a person became missing.
��������� (d)�
"Road/Public works" means an individual who is trained for the
maintenance and repair of publicly-owned roads and utilities of a county or
municipality.� Personnel who may be deployed to bioterrorism attacks, terrorist
attacks, catastrophic or natural disasters and perform emergency actions at the
location of the incident to remove trees and debris, or control hazards related
to gas, power or water, so that other responders may safely respond with life
safety operations.
���� (4)� (a)� The Bureau
of Investigation of the Department of Public Safety shall implement a statewide
"Silver Alert System" that has the purpose of providing a tiered,
rapid response system to notify the public about missing endangered adults, who
are age eighteen (18) or older, with dementia or other
cognitive impairments.� The initial response may be local, statewide or
national based on available information about the missing person.
��������� (b)� A Silver Alert
activation request may be made only by a law enforcement agency, and the Bureau
of Investigation of the Department of Public Safety may only activate a Silver
Alert after a request is made.
��������� (c)� To activate a
Silver Alert, all of the following criteria must be met:
������������� (i)� The missing
adult, age eighteen (18) or older, is believed to have
dementia or other cognitive impairments;
������������� (ii)� The person is
believed to be missing and in imminent danger regardless of circumstance;
������������� (iii) �The family,
legal caregiver or custodian of the missing person has submitted a missing
person's report to the local law enforcement agency in the jurisdiction where
the person became missing, with all waiting periods being waived; and
������������� (iv)� The law enforcement
agency that has jurisdiction of where the person became missing reports the
incident to the Bureau of Investigation of the Department of Public Safety
through the Mississippi Highway Patrol Headquarters Communication Center.
��������� (d)� To initiate a request
to activate a Silver Alert, the family, legal caregiver or custodian of the
missing person must file immediately a report of the missing person with the
local law enforcement agency where the person became missing that includes the
following information:
������������� (i)� A description
of the missing person including physical characteristics, clothing and photos,
if available;
������������� (ii)� A description
of the known circumstances under which the person became missing including the
time, place, direction, possible destinations, whether the person is walking or
in a vehicle, and all other pertinent information concerning where the person
may have become missing; and
������������� (iii)� Updates on
the missing person as new information becomes available.
��������� (e)� The originating local
law enforcement agency, after completing the investigation expeditiously and
determining that the case meets the qualifying criteria prescribed in this
section, shall:
������������� (i)� Waive in the
case of a Silver Alert, any waiting periods for a missing person's report in
order to galvanize the appropriate communities rapidly to assist in the search
for and the safe recovery of the missing person;
������������� (ii)� Notify the
Mississippi Highway Patrol Headquarters Communication Center and electronically
send to the center the completed Silver Alert forms and available photos,
signed by the police chief, sheriff, commanding officer or his or her designee;
������������� (iii)� Enter the
information into the National Crime Information Center (NCIC);
������������� (iv)� Using a
tiered approach based on known circumstances, initiate an alert bulletin to all
local law enforcement, E911 and first responder agencies to search the
immediate area;
������������� (v)� Activate
secondary alert systems to residents, businesses, and broadcast media in the
immediate area;
������������� (vi)� Provide a
twenty-four-hour phone number to receive calls while continuing the
investigation; and
������������� (vii)� Update the
family, legal caregiver or custodian of the missing person as new information
becomes available.
���� (5)� (a)� After the
Bureau of Investigation of the Department of Public Safety has been contacted
by a local law enforcement agency requesting a Silver Alert activation, the
Criminal Information Center shall consider before the activation of the Silver
Alert procedures by the Silver Alert coordinator, or his or her designee, the
information contained in the initial Silver Alert report form to ensure that it
meets all criteria specified in subsection (4)(c) of this section.� Elements of
the missing person case to be considered are:
������������� (i)� Threat of
imminent harm or death to the missing person because of age, health, mental or
physical disability, environmental or weather conditions;
������������� (ii)� Time of
initial report in relation to the time of disappearance, including whether the
disappearance is unexplained, involuntary or is under suspicious circumstances;
������������� (iii)� Believed to
be walking or in a vehicle;
������������� (iv)� Witness
information;
������������� (v)� Possible
domestic dispute involving the missing person; and
������������� (vi)� Other facts
that indicate the missing person is in danger of serious injury or death,
including whether there is possible criminal intent toward the missing person
or whether someone witnessed the disappearance.
��������� (b)� Each case shall be
reviewed on its own merits, and if there are extenuating circumstances, the
required criteria in this section may be amended or expanded depending on the
merits presented.
��������� (c)� Only the Silver
Alert coordinator, or his or her designee, may authorize activation of a
statewide Silver Alert and if an activation is authorized, the Criminal
Information Center shall:
������������� (i)� Prepare an
announcement concerning the missing person;
������������� (ii)� Contact the
designated media stations to activate the alert; and
������������� (iii)� Request the
Mississippi Department of Transportation to activate electronic signs, if
appropriate.
��������� (d)� If the missing
person is believed to be in a vehicle, the Silver Alert coordinator shall send
information and available photos via emails and fax to the statewide
communications systems, news media and other forms of public communication or
electronic resources.
���� (6)� (a)� Following the
initial alert, a Silver Alert� broadcast shall be updated by television and
radio stations as necessary until such time that an end of alert message is
received from the law enforcement agency that requested the initial Silver
Alert.
��������� (b)� Local and
statewide broadcast stations shall exercise their own independent discretions
as to whether to repeat the required broadcasts prescribed in this section more
frequently and shall determine the frequency in which the alert is re-broadcast
following the initial alert.
��������� (c)� The Silver Alert
termination notification shall be issued twenty-four (24) hours after the
airing of the latest and most current information or when the case has been
resolved and verification from the originating local law enforcement agency has
been received by the Department of Public Safety.
���� (7)� (a)� If the
circumstances of a person's disappearance do not meet the criteria for a Silver
Alert to activate statewide communication systems, in addition to a local law
enforcement agency activating a Purple Alert, the Bureau of Investigation of
the Department of Public Safety may offer an alternate form of mass
notification as provided in this section.
��������� (b)� The alternate form
of mass notification may be an email that includes a photograph and the Silver
Alert initial reporting form that is sent through a statewide network of law
enforcement and first responder agencies, news media offices and other forms of
public communication.
��������� (c)� The email
authorized in paragraph (b) of this subsection (7) shall contain information
taken from the Silver Alert initial reporting form that is submitted by the
originating local law enforcement agency.
��������� (d)� The email alerting
news media and law enforcement agencies of a person's disappearance that does
not meet the criteria of a Silver Alert activation shall include the following
paragraph at the beginning of the email:
���� "The (name of law
enforcement agency) has requested the following information be provided to the
Mississippi news media and law enforcement agencies:� At the present time,
information being provided to the Mississippi Department of Public Safety by
the (name of law enforcement agency) does not meet the criteria to activate a
Silver Alert.� It is left to the discretion of each law enforcement agency and
news department receiving this email as to whether the attached information,
regarding the disappearance of this person and/or the photograph of this person,
will be released to the public."
��������� (e)� If further
investigation into the disappearance produces evidence that may change the
initial circumstances as reported to local law enforcement, the Department of
Public Safety may reconsider activating a Silver Alert notwithstanding the
existence of an active Purple Alert previously initiated by a local law
enforcement agency.
���� SECTION 4.� This act
shall take effect and be in force from and after July 1, 2026.