MISSISSIPPI LEGISLATURE
2021 Regular Session
To: Judiciary B
By: Representatives Ladner, Boyd, Williamson
AN ACT TO CREATE "THE COMBATINGVIOLENCE, DISORDER AND LOOTING AND LAW ENFORCEMENT PROTECTION ACT OFMISSISSIPPI"; TO DEFINE TERMS RELATING TO SUCH ACT; TO PROVIDE THAT ANYONEWHO ACTS WITH AN ASSEMBLY OF SIX OR MORE PEOPLE AND CREATES AN IMMEDIATE DANGEROR DISTURBS ANY OTHER PERSON'S LEGAL RIGHT OF ENJOYMENT SHALL BE GUILTY OF AFELONY; TO PROVIDE A DEFENSE TO PROSECUTION; TO PROHIBIT ANY PERSON IN ANASSEMBLY FROM OBSTRUCTING TRAFFIC; TO PROHIBIT THE THROWING OF AN OBJECT ATANOTHER PERSON; TO PROVIDE ENHANCED PENALTIES IF THE OBJECT HITS A LAWENFORCEMENT OFFICER; TO PROHIBIT DEFACING OF PROPERTY DURING AN ASSEMBLY; TOPROVIDE PENALTIES FOR SUCH; TO PROHIBIT HARASSMENT DURING AN ASSEMBLY; TOPROHIBIT UNEMPLOYMENT BENEFITS FOR ANY PERSON WHO PARTICIPATES IN A VIOLENTASSEMBLY; TO REQUIRE THE TERMINATION OF ANY STATE OR LOCAL EMPLOYEE WHO ISCONVICTED FOR VIOLATING THIS ACT; TO PROHIBIT FILING OF ANY ACTION AGAINST THESTATE OR LOCAL GOVERNMENT IF A PERSON IS CONVICTED FOR VIOLATING THIS ACT; TOREQUIRE MUNICIPALITIES AND COUNTIES TO PROVIDE PROOF THAT SUCH MUNICIPALITY ORCOUNTY HAS NOT DISPROPORTIONATELY REDUCED THEIR LAW ENFORCEMENT'S BUDGET; TOAMEND SECTION 97-17-65, MISSISSIPPI CODE OF 1972, TO CLARIFY THE PENALTIES OFLOOTING AGAINST BUSINESSES; TO BRING FORWARD SECTION 97-17-67, MISSISSIPPICODE OF 1972, WHICH PROVIDES FOR MALICIOUS MISCHIEF, FOR PURPOSES OF AMENDMENT;TO AMEND SECTION 97-43-3, MISSISSIPPI CODE OF 1972, TO ADD VIOLATIONS OF THISACT TO THE DEFINITION OF THE CRIME RACKETEERING PROVISIONS; TO AMEND SECTION 97-3-15,MISSISSIPPI CODE OF 1972, TO CLARIFY JUSTIFIABLE HOMICIDE BY ADDING DEFENSE OFA BUSINESS OR SELF DURING A VIOLENT DISORDERLY ASSEMBLY; TO AMEND SECTION 11-46-9,MISSISSIPPI CODE OF 1972, TO PROVIDE AN EXCEPTION FOR TORT IMMUNITY WHEN AGOVERNMENTAL ENTITY FAILS TO PROVIDE PROPER LAW ENFORCEMENT PROTECTION DURING AVIOLENT AND DISORDERLY ASSEMBLY; TO AMEND SECTIONS 97-35-23 AND 97-35-25,MISSISSIPPI CODE OF 1972, TO PROVIDE PENALTIES FOR OBSTRUCTING TRAFFIC DURINGAN ASSEMBLY; TO AMEND SECTIONS 71-5-511 AND 71-5-13, MISSISSIPPI CODE OF 1972,TO CONFORM TO THE PRECEDING SECTIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THELEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1.This act shall be known and may be cited as "The Combating Violence,Disorder And Looting And Law Enforcement Protection Act of Mississippi".
SECTION 2.(1) For purposes of this act, the following words and phrases shall have themeanings as defined in this section unless the context clearly indicatesotherwise:
(a) "Violent ordisorderly assembly" means the gathering of seven or more personsresulting in conduct which: (i) creates an immediate danger of damage toproperty or injury to persons; (ii) substantially obstructs law enforcement orother governmental functions or services; or (iii) by force, threat of force,or physical action deprives any person of a legal right or disturbs any personin the enjoyment of a legal right.
(b) "Harass"means to engage in conduct directed at a specific person which causessubstantial emotional distress to that person and serves no legitimate purpose.
(c)"Intimidate" means to frighten or threaten someone for the purpose ofcoercing that person to take some action.
(d)"Looting" means the same as it is defined in Section 97-17-65.
(2) (a) Anyone who actswith an assembly of six (6) or more people, knowing that the assembly's conduct(a) creates an immediate danger of damage to property or injury to persons; (b)substantially obstructs law enforcement or other governmental functions orservices; or (c) by force, threat of force, or physical action deprives anyperson of a legal right or disturbs any person in the enjoyment of a legalright shall be guilty of a felony, and upon conviction, shall be punished byimprisonment in the custody of the Department of Corrections for not more thanthree (3) years, fined not more than Five Thousand Dollars ($5,000.00) or both.
(b) It shall be adefense to prosecution under this section that the assembly was at first lawfuland the person charged with the offense left the assembly when one of thoseassembled showed an intent to engage in violent behavior.
(c) If a person whoviolates this section travelled to Mississippi with the intent to participatein a violent or disorderly assembly, that person shall be guilty of a felonyand, upon conviction, be punished by imprisonment in the custody of theDepartment of Corrections for no less than three (3) years, nor more than six(6) years, fined not more than Five Thousand Dollars ($5,000.00) or both.
(3) (a) A person may notobstruct or interfere with the regular flow of vehicular traffic on a publicroad, street or highway during any protest or demonstration for which a publicassembly permit has not been issued by a county or municipality. A person whoviolates this section shall be guilty of a misdemeanor and, upon conviction,penalized as provided in Section 97-35-23.
(b) A person may notobstruct or interfere with the regular flow of vehicular traffic on a publicroad, street or highway while participating in a violent or disorderlyassembly. A person who violates this section shall be guilty of a felony, andupon conviction, be imprisoned in the custody of the Department of Correctionsfor no more than two (2) years, or fined up to Three Thousand Dollars($3,000.00), or both.
(c) Any motor vehicleoperator who unintentionally causes injury or death to a person who obstructsor interferes with the regular flow of vehicular traffic in violation of thissubsection shall not be liable for such injury or death.
(4) (a) Any person whothrows an object at another with the intent or effect of harming the target anddoes so while participating in a violent or disorderly assembly shall be guiltyof a misdemeanor and, upon conviction, be punished by imprisonment for not morethan six (6) months in the county jail, or fined not more than Five HundredDollars ($500.00), or both.
(b) Except asotherwise provided in paragraph (c) of this section, if the objects hits anindividual, the person who threw the object shall be guilty of a felony and,upon conviction, be punished by imprisonment for not more two (2) years in thecustody of the Department of Corrections, fined not less than Two ThousandDollars ($2,000.00), or both.
(c) If the object hitsany law enforcement officer such person shall be guilty of a felony and, uponconviction, be punished by imprisonment for not less than five (5) years in thecustody of the Department of Corrections, fined not less than Five ThousandDollars ($5,000.00), or both. Any person arrested in violation of thissubsection against a law enforcement officer shall not be eligible for releaseon bail or surety bond until the first appearance on the case in order toensure the full participation of the prosecutor and the protection of thepublic.
(d) Whenever a personis charged with simple or aggravated assault in violation of this act againstany law enforcement officer, the penalties shall be enhanced as provided in Section97-3-7.
(5) Any person who, whileparticipating in a violent or disorderly assembly, demolishes, pulls down,destroys, or defaces public property, including but not limited to a monumentor statue, shall be guilty of a felony, and upon conviction, imprisoned in thecustody of the Department of Corrections for not more than two (2) years orfined not less than Two Thousand Dollars ($2,000.00), or both.
(6) Any person who, whileparticipating in a violent or disorderly assembly, intimidates or harassesindividuals present at a public accommodation and not participating in theviolent or disorderly assembly shall be guilty of a misdemeanor and, uponconviction, be punished by imprisonment in the county jail for not more thansix (6) months, fined not more than Five Hundred Dollars ($500.00), or both.
(7) (a) Any personconvicted, pleads guilty or nolo contendre in violation of this act, shall beineligible for unemployment benefits.
(b) Any state or localgovernment employee found guilty in violation of this act, shall be terminatedby the governmental entity that employs them.
(8) (a) No action may bebrought against the state or any of its agencies or subdivisions by anyone whois convicted of unlawfully participating in a riot, unlawful assembly, publicdemonstration, mob violence, or civil disobedience if the claim arises out ofsuch riot, unlawful assembly, public demonstration, mob violence, or civildisobedience. Nothing in this act shall abridge traditional immunitiespertaining to statements made in court.
(b) Municipalities,counties and political subdivisions have a duty of reasonable care to protectindividuals present within their borders from being harmed or sufferingproperty damage caused by participants in a riot or violent or disorderlyassembly.
(c) Any person who isthe victim of a crime described in this act may recover damages from a localgovernment that failed or was grossly negligent in policing a riot or violentor disorderly assembly.
(5)Each municipality must certify to each state agency through which it receivesany state funds by October 15 of each year, that the municipality has notdisproportionately funded reductions to the municipality's law enforcementagencies. The certification must include a statement that any reduction infunding or proposed funding is a result of reduced revenue collection and isproportionate to that reduction in revenue. A reduction in law enforcementfunding is proportionate if the portion of the local government's total budgetallocated to law enforcement agencies, expressed as a percentage, remainswithin three (3) percentage points of the percentage decrease in total revenuefrom the previous fiscal year to the current fiscal year. A municipality thathas disproportionately reduced its law enforcement funding is not eligible toreceive state funds.
(6) Each county mustcertify to each state agency through which it receives any state funds byOctober 15 of each year that the county has not disproportionately funded reductionsto the county's law enforcement agencies. The certification must include astatement that any reduction in funding or proposed funding is a result ofreduced revenue collection and is proportionate to that reduction in revenue.A reduction in law enforcement funding is proportionate if the portion of thecounty's total budget allocated to law enforcement agencies, expressed as apercentage, remains within three (3) percentage points of the percentagedecrease in total revenue from the previous fiscal year to the current fiscalyear. A county that has disproportionately reduced its law enforcement fundingis not eligible to receive state funds.
SECTION 3. Section97-17-65, Mississippi Code of 1972, is amended as follows:
97-17-65. (1) A personcommits looting when he knowingly without authority of law or of the ownerenters any home or dwelling, or upon any premises of another, or enters anycommercial, mercantile, business or industrial building, plant orestablishment, in which a normal security of property is not present by virtueof a hurricane, fire or vis major of any kind or by virtue of a riot, mob, or closureof such for any reason, or other human agency and obtains or exerts controlover or injures or removes property of the owner.
(2) Any person who commitslooting shall be guilty of a felony and, upon conviction, such person shall bepunished by imprisonment in the*** custody of the Department ofCorrections for a period not to exceed fifteen (15) years or by a fine notto exceed Ten Thousand Dollars ($10,000.00), or both***.
(3) The fact that a personmay be subject to prosecution under this section shall not bar his prosecutionor punishment under the statutes relating to larceny or burglary, or under anyother statute or ordinance to the extent that such would otherwise be permittedin the absence of this section.
SECTION 4. Section97-17-67, Mississippi Code of 1972, is brought forward as follows:
97-17-67. (1) Every personwho shall maliciously or mischievously destroy, disfigure, or injure, or causeto be destroyed, disfigured, or injured, any property of another, either realor personal, shall be guilty of malicious mischief.
(2) If the value of theproperty destroyed, disfigured or injured is One Thousand Dollars ($1,000.00)or less, it shall be a misdemeanor and may be punishable by a fine of not morethan One Thousand Dollars ($1,000.00) or imprisonment in the county jail notexceeding twelve (12) months, or both, if the court finds substantialand compelling reasons why the offender cannot be safely and effectivelysupervised in the community, is not amenable to community-based treatment, orposes a significant risk to public safety. If such a finding is not made, thecourt shall suspend the sentence of imprisonment and impose a period ofprobation not exceeding one (1) year or a fine of not more than One ThousandDollars ($1,000.00), or both. Any person convicted of a third or subsequentoffense under this subsection where the value of the property is not less thanFive Hundred Dollars ($500.00), shall be imprisoned in the Penitentiary for a term not exceeding three (3) yearsor fined an amount not exceeding One Thousand Dollars ($1,000.00), orboth.
(3) If the value of theproperty destroyed, disfigured or injured is in excess of One Thousand Dollars($1,000.00) but less than Five Thousand Dollars ($5,000.00), it shall be afelony punishable by a fine not exceeding Ten Thousand Dollars ($10,000.00) orimprisonment in the Penitentiary not exceeding five (5) years, or both.
(4) If the value of the propertyis Five Thousand Dollars ($5,000.00) or more but less than Twenty-five Thousand Dollars ($25,000.00), it shall bepunishable by a fine of not more than Ten Thousand Dollars ($10,000.00) orimprisonment in the Penitentiary not exceeding ten (10) years, or both.
(5)If the value of the property is Twenty-five Thousand Dollars ($25,000.00) ormore, it shall be punishable by a fine of not more than Ten Thousand Dollars ($10,000.00)or imprisonment in the Penitentiary not exceeding twenty (20) years, or both.
(6) In all casesrestitution to the victim for all damages shall be ordered. The value ofproperty destroyed, disfigured or injured by the same party as part of a commoncrime against the same or multiple victims may be aggregated together and ifthe value exceeds One Thousand Dollars ($1,000.00), shall be a felony.
(7) For purposes of thisstatute, value shall be the cost of repair or replacement of the propertydamaged or destroyed.
(8) Anyone who by any word,deed or act directly or indirectly urges, aids, abets, suggests or otherwiseinstills in the mind of another the will to so act shall be considered aprincipal in the commission of said crime and shall be punished in the samemanner.
SECTION 5. Section97-43-3, Mississippi Code of 1972, is amended as follows:
97-43-3. The followingterms shall have the meanings ascribed to them herein unless the contextrequires otherwise:
(a) "Racketeeringactivity" means to commit, to attempt to commit, to conspire to commit, orto solicit, coerce or intimidate another person to commit any crime which ischargeable under the following provisions of the Mississippi Code of 1972:
(1) Section 97-19-71,which relates to fraud in connection with any state or federally fundedassistance programs.
(2) Section 75-71-735,which relates to violations of the Mississippi Securities Act.
(3) Sections 45-13-105,45-13-109, 97-37-23 and 97-37-25, which relate to unlawful possession, use andtransportation of explosives.
(4) Sections 97-3-19and 97-3-21, which relate to murder.
(5) Section 97-3-7(2),which relates to aggravated assaults.
(6) Section 97-3-53,which relates to kidnapping.
(7) Sections 97-3-73through 97-3-83, which relate to robbery.
(8) Sections 97-17-19through 97-17-37, which relate to burglary.
(9) Sections 97-17-1through 97-17-13, which relate to arson.
(10) Sections 97-29-49and 97-29-51, which relate to prostitution.
(11) Sections 97-5-5and 97-5-31 through 97-5-37, which relate to the exploitation of children andenticing children for concealment, prostitution or marriage.
(12) Section 41-29-139,which relates to violations of the Uniform Controlled Substances Law; provided,however, that in order to be classified as "racketeering activity,"such offense must be punishable by imprisonment for more than one (1) year.
(13) Sections 97-21-1through 97-21-63, which relate to forgery and counterfeiting.
(14) Sections 97-9-1through 97-9-77, which relate to offenses affecting administration of justice.
(15) Sections 97-33-1through 97-33-49, which relate to gambling and lotteries.
(16) Section 97-3-54et seq., which relate to human trafficking.
(17) Sections 1and 2 of this act which regulates violent assemblies.
(b) "Unlawfuldebt" means money or any other thing of value constituting principal orinterest of a debt which is legally unenforceable, in whole or in part, becausethe debt was incurred or contracted in gambling activity in violation of statelaw or in the business of lending money at a rate usurious under state law,where the usurious rate is at least twice the enforceable rate.
(c)"Enterprise" means any individual, sole proprietorship, partnership,corporation, union or other legal entity, or any association or group ofindividuals associated in fact although not a legal entity. It includesillicit as well as licit enterprises and governmental, as well as other,entities.
(d) "Pattern ofracketeering activity" means engaging in at least two (2) incidents ofracketeering conduct that have the same or similar intents, results,accomplices, victims, or methods of commission or otherwise are interrelated bydistinguishing characteristics and are not isolated incidents, provided atleast one (1) of such incidents occurred after July 1, 1984, and that the lastof such incidents occurred within five (5) years after a prior incident ofracketeering conduct.
SECTION 6. Section97-3-15, Mississippi Code of 1972, is amended as follows:
97-3-15. (1) The killingof a human being by the act, procurement or omission of another shall bejustifiable in the following cases:
(a) When committed bypublic officers, or those acting by their aid and assistance, in obedience toany judgment of a competent court;
(b) When necessarilycommitted by public officers, or those acting by their command in their aid andassistance, in overcoming actual resistance to the execution of some legalprocess, or to the discharge of any other legal duty;
(c) When necessarilycommitted by public officers, or those acting by their command in their aid andassistance, in retaking any felon who has been rescued or has escaped;
(d) When necessarilycommitted by public officers, or those acting by their command in their aid andassistance, in arresting any felon fleeing from justice;
(e) When committed byany person in resisting any attempt unlawfully to kill such person or to commitany felony upon him, or upon or in any dwelling, in any occupied vehicle, inany place of business, in any place of employment or in the immediate premisesthereof in which such person shall be;
(f) When committed inthe lawful defense of one's own person or any other human being, where thereshall be reasonable ground to apprehend a design to commit a felony or to dosome great personal injury, and there shall be imminent danger of such designbeing accomplished;
(g) When necessarilycommitted in attempting by lawful ways and means to apprehend any person forany felony committed;
(h) When necessarilycommitted in lawfully suppressing any riot or in lawfully keeping andpreserving the peace; and
(i) When necessarilycommitted in the performance of duty as a member of a church or place ofworship security program as described in Section 45-9-171.
(j) Whennecessarily committed in lawful defense of one's own business, where there isrioting, looting or other activity in violation of Sections 1 through 2 of thisact.
(2) (a) As used insubsection (1)(c) and (d) of this section, the term "whennecessarily committed" means that a public officer or a person acting byor at the officer's command, aid or assistance is authorized to use such forceas necessary in securing and detaining the felon offender, overcoming theoffender's resistance, preventing the offender's escape, recapturing theoffender if the offender escapes or in protecting himself or others from bodilyharm; but such officer or person shall not be authorized to resort to deadly ordangerous means when to do so would be unreasonable under the circ*mstances.The public officer or person acting by or at the officer's command may act upona reasonable apprehension of the surrounding circ*mstances; however, such officeror person shall not use excessive force or force that is greater thanreasonably necessary in securing and detaining the offender, overcoming theoffender's resistance, preventing the offender's escape, recapturing theoffender if the offender escapes or in protecting himself or others from bodilyharm.
(b) As used insubsection (1)(c) and (d) of this section, the term"felon" shall include an offender who has been convicted of a felonyand shall also include an offender who is in custody, or whose custody is beingsought, on a charge or for an offense which is punishable, upon conviction, bydeath or confinement in the Penitentiary.
(c) As used insubsections (1)(e) and (3) of this section, "dwelling" means abuilding or conveyance of any kind that has a roof over it, whether thebuilding or conveyance is temporary or permanent, mobile or immobile, includinga tent, that is designed to be occupied by people lodging therein at night,including any attached porch.
(3) A person who usesdefensive force shall be presumed to have reasonably feared imminent death orgreat bodily harm, or the commission of a felony upon him or another or uponhis dwelling, or against a vehicle which he was occupying, or against hisbusiness or place of employment or the immediate premises of such business orplace of employment, if the person against whom the defensive force was used,was in the process of unlawfully and forcibly entering, or had unlawfully andforcibly entered, a dwelling, occupied vehicle, business, place of employmentor the immediate premises thereof or if that person had unlawfully removed orwas attempting to unlawfully remove another against the other person's willfrom that dwelling, occupied vehicle, business, place of employment or theimmediate premises thereof and the person who used defensive force knew or hadreason to believe that the forcible entry or unlawful and forcible act wasoccurring or had occurred. This presumption shall not apply if the personagainst whom defensive force was used has a right to be in or is a lawfulresident or owner of the dwelling, vehicle, business, place of employment orthe immediate premises thereof or is the lawful resident or owner of thedwelling, vehicle, business, place of employment or the immediate premisesthereof or if the person who uses defensive force is engaged in unlawfulactivity or if the person is a law enforcement officer engaged in theperformance of his official duties.
(4) A person who is not theinitial aggressor and is not engaged in unlawful activity shall have no duty toretreat before using deadly force under subsection (1)(e) or (f) of thissection if the person is in a place where the person has a right to be, and nofinder of fact shall be permitted to consider the person's failure to retreatas evidence that the person's use of force was unnecessary, excessive orunreasonable.
(5) (a) The presumptionscontained in subsection (3) of this section shall apply in civil cases in whichself-defense or defense of another is claimed as a defense.
(b) The court shallaward reasonable attorney's fees, court costs, compensation for loss of income,and all expenses incurred by the defendant in defense of any civil actionbrought by a plaintiff if the court finds that the defendant acted inaccordance with subsection (1)(e) or (f) of this section. A defendant who haspreviously been adjudicated "not guilty" of any crime by reason ofsubsection (1)(e) or (f) of this section shall be immune from any civil actionfor damages arising from the same conduct.
SECTION 7. Section11-46-9, Mississippi Code of 1972, is amended as follows:
11-46-9. (1) Agovernmental entity and its employees acting within the course and scope oftheir employment or duties shall not be liable for any claim:
(a) Arising out of alegislative or judicial action or inaction, or administrative action orinaction of a legislative or judicial nature;
(b) Arising out of anyact or omission of an employee of a governmental entity exercising ordinarycare in reliance upon, or in the execution or performance of, or in the failureto execute or perform, a statute, ordinance or regulation, whether or not thestatute, ordinance or regulation be valid;
(c) Arising out of anyact or omission of an employee of a governmental entity engaged in theperformance or execution of duties or activities relating to police or fireprotection unless the employee acted in reckless disregard of the safety andwell-being of any person not engaged in criminal activity at the time of injury;
(d) Based upon theexercise or performance or the failure to exercise or perform a discretionaryfunction or duty on the part of a governmental entity or employee thereof,whether or not the discretion be abused;
(e) Arising out of aninjury caused by adopting or failing to adopt a statute, ordinance orregulation;
(f) Which is limitedor barred by the provisions of any other law;
(g) Arising out of theexercise of discretion in determining whether or not to seek or provide theresources necessary for the purchase of equipment, the construction ormaintenance of facilities, the hiring of personnel and, in general, theprovision of adequate governmental services;
(h) Arising out of theissuance, denial, suspension or revocation of, or the failure or refusal toissue, deny, suspend or revoke any privilege, ticket, pass, permit, license,certificate, approval, order or similar authorization where the governmentalentity or its employee is authorized by law to determine whether or not such authorizationshould be issued, denied, suspended or revoked unless such issuance, denial,suspension or revocation, or failure or refusal thereof, is of a malicious orarbitrary and capricious nature;
(i) Arising out of theassessment or collection of any tax or fee;
(j) Arising out of thedetention of any goods or merchandise by any law enforcement officer, unlesssuch detention is of a malicious or arbitrary and capricious nature;
(k) Arising out of theimposition or establishment of a quarantine, whether such quarantine relates topersons or property;
(l) Of any claimantwho is an employee of a governmental entity and whose injury is covered by theWorkers' Compensation Law of this state by benefits furnished by thegovernmental entity by which he is employed;
(m) Of any claimantwho at the time the claim arises is an inmate of any detention center, jail,workhouse, penal farm, penitentiary or other such institution, regardless ofwhether such claimant is or is not an inmate of any detention center, jail,workhouse, penal farm, penitentiary or other such institution when the claim isfiled;
(n) Arising out of anywork performed by a person convicted of a crime when the work is performedpursuant to any sentence or order of any court or pursuant to laws of the Stateof Mississippi authorizing or requiring such work;
(o) Undercirc*mstances where liability has been or is hereafter assumed by the UnitedStates, to the extent of such assumption of liability, including, but notlimited to, any claim based on activities of the Mississippi National Guardwhen such claim is cognizable under the National Guard Tort Claims Act of theUnited States, 32 USCS 715, or when such claim accrues as a result of activefederal service or state service at the call of the Governor for quelling riotsand civil disturbances;
(p) Arising out of aplan or design for construction or improvements to public property, including,but not limited to, public buildings, highways, roads, streets, bridges,levees, dikes, dams, impoundments, drainage channels, diversion channels,harbors, ports, wharfs or docks, where such plan or design has been approved inadvance of the construction or improvement by the legislative body or governingauthority of a governmental entity or by some other body or administrativeagency, exercising discretion by authority to give such approval, and wheresuch plan or design is in conformity with engineering or design standards ineffect at the time of preparation of the plan or design;
(q) Arising out of aninjury caused solely by the effect of weather conditions on the use of streetsand highways;
(r) Arising out of thelack of adequate personnel or facilities at a state hospital or statecorrections facility if reasonable use of available appropriations has beenmade to provide such personnel or facilities;
(s) Arising out ofloss, damage or destruction of property of a patient or inmate of a stateinstitution;
(t) Arising out of anyloss of benefits or compensation due under a program of public assistance orpublic welfare;
(u) Arising out of orresulting from riots, unlawful assemblies, unlawful public demonstrations, mobviolence or civil disturbances;
(v) Arising out of aninjury caused by a dangerous condition on property of the governmental entitythat was not caused by the negligent or other wrongful conduct of an employeeof the governmental entity or of which the governmental entity did not havenotice, either actual or constructive, and adequate opportunity to protect orwarn against; provided, however, that a governmental entity shall not be liablefor the failure to warn of a dangerous condition which is obvious to oneexercising due care;
(w) Arising out of theabsence, condition, malfunction or removal by third parties of any sign,signal, warning device, illumination device, guardrail or median barrier,unless the absence, condition, malfunction or removal is not corrected by thegovernmental entity responsible for its maintenance within a reasonable timeafter actual or constructive notice;
(x) Arising out of theadministration of corporal punishment or the taking of any action to maintaincontrol and discipline of students, as defined in Section 37-11-57, by ateacher, assistant teacher, principal or assistant principal of a public schooldistrict in the state unless the teacher, assistant teacher, principal orassistant principal acted in bad faith or with malicious purpose or in a mannerexhibiting a wanton and willful disregard of human rights or safety; ***
(y) Arising out of theconstruction, maintenance or operation of any highway, bridge or roadwayproject entered into by the Mississippi Transportation Commission or othergovernmental entity and a company under the provisions of Section 65-43-1 or 65-43-3,where the act or omission occurs during the term of any such contract***; or
(z) Arising out ofthe management of protecting the public during a riot or violent or disorderlyassembly as defined in Section 1 of this act, unless the governmental entityfails or is grossly negligent in policing such.
(2) A governmental entityshall also not be liable for any claim where the governmental entity:
(a) Is inactive anddormant;
(b) Receives norevenue;
(c) Has no employees;and
(d) Owns no property.
(3) If a governmentalentity exempt from liability by subsection (2) becomes active, receives income,hires employees or acquires any property, such governmental entity shall nolonger be exempt from liability as provided in subsection (2) and shall besubject to the provisions of this chapter.
SECTION 8. Section 97-35-23, Mississippi Code of 1972, is amended asfollows:
97-35-23.(1) (a) Except as otherwise provided in paragraph (b) of this subsection,it shall be unlawful for any person or persons to intentionally obstruct, orinterfere with the normal or ordinary free use and passage of vehicles of oron, any public street or highway provided for use by vehicular traffic, or forany person or persons to intentionally obstruct, or interfere with the normalor ordinary free use and passage of pedestrians of or on any public sidewalkprovided for foot travel by pedestrians, and any person or persons who so doshall be guilty of a misdemeanor and, upon conviction thereof, shall be punishedby a fine of not more than Four Hundred Dollars ($400.00), or byimprisonment in the county jail for not more than four (4) months, or by bothsuch fine and imprisonment.
(b)If violation of subsection (1) of this section is committed during a violent ordisorderly assembly as defined by Section 1 of this act, the person shall beguilty of a misdemeanor and, upon conviction thereof, be punished byimprisonment of no less than four (4) months, nor more than twelve (12) monthsin the county jail, or by a fine of no less than Five Hundred Dollars ($500.00)nor more than One Thousand Dollars ($1,000.00), or both.
(2)The provisions of this section are supplementary to the provisions of any otherstatute of this state.
SECTION 9. Section97-35-25, Mississippi Code of 1972, is amended as follows:
97-35-25.(1) (a) It shall be unlawful for any person or persons to*** willfully obstruct the free,convenient and normal use of any public sidewalk, street, highway, alley, road,or other passageway by impeding, hindering, stifling, retarding or restrainingtraffic or passage thereon, and any person or persons violating the provisionsof this section shall be guilty of a misdemeanor, and upon conviction thereof,shall be punished by a fine of not more than Five Hundred Dollars ($500.00) orby confinement in the county jail not exceeding six (6) months, or by both suchfine and imprisonment.
(b)If violation of paragraph (a) of this section is committed during a violent ordisorderly assembly as defined by Section 1 of this act, the person shall beguilty of a misdemeanor and, upon conviction thereof, punished by imprisonmentof no less than four (4) months nor more than twelve (12) months in the countyjail, or by a fine of no less than Five Hundred Dollars ($500.00) nor more thanOne Thousand Dollars ($1,000.00), or both.
(2)The provisions of this section are supplementary to the provisions of any otherstatute of this state.
SECTION 10. Section71-5-511, Mississippi Code of 1972, is amended as follows:
71-5-511. An unemployedindividual shall be eligible to receive benefits with respect to any week onlyif the department finds that:
(a) (i) He hasregistered for work at and thereafter has continued to report to the departmentin accordance with such regulations as the department may prescribe; exceptthat the department may, by regulation, waive or alter either or both of therequirements of this subparagraph as to such types of cases or situations withrespect to which it finds that compliance with such requirements would beoppressive or would be inconsistent with the purposes of this chapter; and
(ii) Heparticipates in reemployment services, such as job search assistance services,if, in accordance with a profiling system established by the department, it hasbeen determined that he is likely to exhaust regular benefits and needsreemployment services, unless the department determines that:
1. Theindividual has completed such services; or
2. There isjustifiable cause for the claimant's failure to participate in such services.
(b) He has made aclaim for benefits in accordance with the provisions of Section 71-5-515 and inaccordance with such regulations as the department may prescribe thereunder.
(c) He is able towork, available for work and actively seeking work.
(d) He has beenunemployed for a waiting period of one (1) week. No week shall be counted as aweek of unemployment for the purposes of this subsection:
(i) Unless itoccurs within the benefit year which includes the week with respect to which heclaims payment of benefits;
(ii) If benefitshave been paid with respect thereto;
(iii) Unless theindividual was eligible for benefits with respect thereto, as provided inSections 71-5-511 and 71-5-513, except for the requirements of this subsection.
(e) For weeksbeginning on or before July 1, 1982, he has, during his base period, been paidwages for insured work equal to not less than thirty-six (36) times his weeklybenefit amount; he has been paid wages for insured work during at least two (2)quarters of his base period; and he has, during that quarter of his base periodin which his total wages were highest, been paid wages for insured work equalto not less than sixteen (16) times the minimum weekly benefit amount. Forbenefit years beginning after July 1, 1982, he has, during his base period,been paid wages for insured work equal to not less than forty (40) times hisweekly benefit amount; he has been paid wages for insured work during at leasttwo (2) quarters of his base period, and he has, during that quarter of hisbase period in which his total wages were highest, been paid wages for insuredwork equal to not less than twenty-six (26) times the minimum weekly benefitamount. For purposes of this subsection, wages shall be counted as "wagesfor insured work" for benefit purposes with respect to any benefit yearonly if such benefit year begins subsequent to the date on which the employingunit by which such wages were paid has satisfied the conditions of Section 71-5-11,subsection H, or Section 71-5-361, subsection (3), with respect to becoming anemployer.
(f) No individual mayreceive benefits in a benefit year unless, subsequent to the beginning of thenext preceding benefit year during which he received benefits, he performedservice in "employment" as defined in Section 71-5-11, subsection I,and earned remuneration for such service in an amount equal to not less thaneight (8) times his weekly benefit amount applicable to his next precedingbenefit year.
(g) Benefits based onservice in employment defined in Section 71-5-11, subsection I(3) and I(4), andSection 71-5-361, subsection (4) shall be payable in the same amount, on thesame terms, and subject to the same conditions as compensation payable on thebasis of other service subject to this chapter, except that benefits based onservice in an instructional, research or principal administrative capacity inan institution of higher learning (as defined in Section 71-5-11, subsection N)with respect to service performed prior to January 1, 1978, shall not be paidto an individual for any week of unemployment which begins during the periodbetween two (2) successive academic years, or during a similar period betweentwo (2) regular terms, whether or not successive, or during a period of paidsabbatical leave provided for in the individual's contract, if the individualhas a contract or contracts to perform services in any such capacity for anyinstitution or institutions of higher learning for both such academic years orboth such terms.
(h) Benefits based onservice in employment defined in Section 71-5-11, subsection I(3) and I(4),shall be payable in the same amount, on the same terms and subject to the sameconditions as compensation payable on the basis of other service subject tothis chapter, except that:
(i) With respectto service performed in an instructional, research or principal administrativecapacity for an educational institution, benefits shall not be paid based onsuch services for any week of unemployment commencing during the period betweentwo (2) successive academic years, or during a similar period between two (2)regular but not successive terms, or during a period of paid sabbatical leaveprovided for in the individual's contract, to any individual, if suchindividual performs such services in the first of such academic years or termsand if there is a contract or a reasonable assurance that such individual willperform services in any such capacity for any educational institution in thesecond of such academic years or terms, and provided that subsection (g) ofthis section shall apply with respect to such services prior to January 1,1978. In no event shall benefits be paid unless the individual employee wasterminated by the employer.
(ii) With respectto services performed in any other capacity for an educational institution,benefits shall not be paid on the basis of such services to any individual forany week which commences during a period between two (2) successive academicyears or terms, if such individual performs such services in the first of suchacademic years or terms and there is a reasonable assurance that suchindividual will perform such services in the second of such academic years orterms, except that if compensation is denied to any individual under thissubparagraph and such individual was not offered an opportunity to perform suchservices for the educational institution for the second of such academic yearsor terms, such individual shall be entitled to a retroactive payment ofcompensation for each week for which the individual filed a timely claim forcompensation and for which compensation was denied solely by reason of thisclause. In no event shall benefits be paid unless the individual employee wasterminated by the employer.
(iii) With respectto services described in subsection (h)(i) and (ii), benefits shall not bepayable on the basis of services in any such capacities to any individual forany week which commences during an established and customary vacation period orholiday recess if such individual performs such services in the first of suchacademic years or terms, or in the period immediately before such vacationperiod or holiday recess, and there is a reasonable assurance that suchindividual will perform such services in the period immediately following suchvacation period or holiday recess.
(iv) With respectto any services described in subsection (h)(i) and (ii), benefits shall not be payableon the basis of services in any such capacities as specified in subsection(h)(i), (ii) and (iii) to any individual who performed such services in aneducational institution while in the employ of an educational service agency.For purposes of this subsection, the term "educational serviceagency" means a governmental agency or governmental entity which isestablished and operated exclusively for the purpose of providing such servicesto one or more educational institutions.
(v) With respectto services to which Sections 71-5-357 and 71-5-359 apply, if such services areprovided to or on behalf of an educational institution, benefits shall not bepayable under the same circ*mstances and subject to the same terms andconditions as described in subsection (h)(i), (ii), (iii) and (iv).
(i) Subsequent toDecember 31, 1977, benefits shall not be paid to any individual on the basis ofany services substantially all of which consist of participating in sports orathletic events or training or preparing to so participate, for any week whichcommences during the period between two (2) successive sports seasons (orsimilar periods) if such individual performs such services in the first of suchseasons (or similar periods) and there is a reasonable assurance that suchindividual will perform such services in the later of such seasons (or similarperiods).
(j) (i) Subsequent toDecember 31, 1977, benefits shall not be payable on the basis of servicesperformed by an alien, unless such alien is an individual who was lawfullyadmitted for permanent residence at the time such services were performed, waslawfully present for purposes of performing such services, or was permanentlyresiding in the United States under color of law at the time such services wereperformed (including an alien who was lawfully present in the United States asa result of the application of the provisions of Section 203(a)(7) or Section212(d)(5) of the Immigration and Nationality Act).
(ii) Any data orinformation required of individuals applying for benefits to determine whetherbenefits are not payable to them because of their alien status shall beuniformly required from all applicants for benefits.
(iii) In the caseof an individual whose application for benefits would otherwise be approved, nodetermination that benefits to such individual are not payable because of hisalien status shall be made, except upon a preponderance of the evidence.
(k) An individualshall be deemed prima facie unavailable for work, and therefore ineligible toreceive benefits, during any period which, with respect to his employmentstatus, is found by the department to be a holiday or vacation period.
(l) A temporaryemployee of a temporary help firm is considered to have left the employee'slast work voluntarily without good cause connected with the work if thetemporary employee does not contact the temporary help firm for reassignment oncompletion of an assignment. A temporary employee is not considered to haveleft work voluntarily without good cause connected with the work under thisparagraph unless the temporary employee has been advised in writing:
(i) That thetemporary employee is obligated to contact the temporary help firm oncompletion of assignments; and
(ii) That unemploymentbenefits may be denied if the temporary employee fails to do so.
(m) Has not beenconvicted of violating Section 1 of this act.
SECTION 11. Section71-5-13, Mississippi Code of 1972, is amended as follows:
71-5-13. (1) Thedepartment is hereby authorized to enter into arrangements with the appropriateagencies of other states or the federal government, whereby individualsperforming services in this and other states for a single employing unit undercirc*mstances not specifically provided for in Section 71-5-11, subsection I,or under similar provisions in the unemployment compensation laws of such otherstates, shall be deemed to be engaged in employment performed entirely withinthis state or within one (1) of such other states and whereby potential rightsto benefits accumulated under the unemployment compensation laws of one or morestates or under such a law of the federal government, or both, may constitutethe basis for the payment of benefits through a single appropriate agency underterms which the department finds will be fair and reasonable as to all affectedinterests and will not result in any substantial loss to the fund.
(2) The department is alsoauthorized to enter into arrangements with the appropriate agencies of other statesor of the federal government:
(a) Whereby wages orservices upon the basis of which an individual may become entitled to benefitsunder the unemployment compensation law of another state or of the federalgovernment shall be deemed to be wages for employment by employers for thepurposes of Sections 71-5-501 through 71-5-507 and Section 71-5-511(e),provided such other state agency or agency of the federal government has agreedto reimburse the fund for such portion of benefits paid under this chapter uponthe basis of such wages or services as the department finds will be fair andreasonable as to all affected interests; and
(b) Whereby thedepartment will reimburse other state or federal agencies charged with theadministration of unemployment compensation laws with such reasonable portionof benefits paid under the law of any such other states or of the federalgovernment, upon the basis of employment or wages for employment by employers,as the department finds will be fair and reasonable as to all affectedinterests. Reimbursem*nts so payable shall be deemed to be benefits for thepurposes of Sections 71-5-451 through 71-5-459. The department is herebyauthorized to make to other state or federal agencies, and receive from suchother state or federal agencies, reimbursem*nts from or to the fund, inaccordance with arrangements pursuant to this section.
(c) Whereby thedepartment ensures that the person receiving benefits has not violated Section1 of this act.
(3) The department is also authorized,in its discretion, to enter into or cooperate in arrangements with any federalagency whereby the facilities and services of the personnel of the departmentmay be utilized for the taking of claims and the payment of unemploymentcompensation or allowances under any federal law enacted for the benefit ofdischarged members of the Armed Forces.
(4) The department shallparticipate in any arrangements for the payment of compensation on the basis ofcombining an individual's wages and employment covered under this chapter withhis wages and employment covered under the unemployment compensation laws ofother states which are approved by the United States Secretary of Labor inconsultation with the state unemployment compensation agencies as reasonablycalculated to assure the prompt and full payment of compensation in suchsituations and which include provisions for:
(a) Applying the baseperiod of a single state law to a claim involving the combining of anindividual's wages and employment covered under two (2) or more stateunemployment compensation laws; and
(b) Avoiding theduplicate use of wages and employment by reason of such combining.
SECTION 12. This actshall take effect and be in force from and after July 1, 2021.
