Mississippi House Bill HB300

Mississippi 2023 Regular Session

• Introduced: 1/9/23
• Refer: 1/9/23
• Failed: 1/31/23

Caption

Immunity for law enforcement officers; authorize when claimant is convicted for resisting arrest.

Impact

The introduction of HB300 is expected to significantly alter the liability landscape for law enforcement in Mississippi. By effectively exempting officers from certain civil claims, the bill may reduce the legal vulnerabilities officers face, especially in high-stress situations where use of force may be scrutinized. This change could encourage police to perceive their actions during arrests as less liable to legal consequences, potentially altering their approach to such interactions.

Summary

House Bill 300 seeks to amend Section 11-46-9 of the Mississippi Code of 1972 to provide specific immunity for law enforcement officers. Under this bill, an officer cannot be held liable for excessive force claims if the person filing against the officer was convicted of resisting arrest during the incident, and the event was recorded by the officer. This aims to reinforce protections for police officers against lawsuits arising from encounters where a suspect is convicted of a related crime.

Contention

However, the bill has raised concerns regarding civil rights and accountability for law enforcement. Critics argue that providing immunity under these circumstances could lead to potential abuses of power, allowing officers overly broad latitude in their use of force. This concern is amplified in light of ongoing national debates about policing practices and the need for accountability in law enforcement. Opponents of the bill suggest that it could weaken the oversight mechanisms that protect the public from excessive force and undermine trust between law enforcement and the communities they serve.