SB2162112th GA (Historical)Introduced

Amends TCA Title 38 and Title 68, Chapter 11.

This bill authorizes licensed health care facilities to employ and commission police officers to provide security and law enforcement at the facility, subject to the following: (1) A health care facility employing police officers must ensure that each police officer is certified by the peace officer standards and training commission; (2) Each police officer employed by a health care facility must be appointed as a special deputy or a special police officer by the chief law enforcement officer of the county or municipal law enforcement agency in which the facility is located; (3) The county or municipal law enforcement agency having jurisdiction where the facility is located must define the geographical limitation on the exercise of police power of the special deputy or special police officer; (4) The law enforcement agency having jurisdiction where the facility is located will be immune from a suit by anyone damaged by an act or omission on the part of a special deputy or special police officer commissioned as a police officer by a health care facility; and (5) A person must not be appointed as a special deputy or a special police officer or be commissioned as a police officer by a facility, unless the person proves to the law enforcement agency having jurisdiction where the facility is located that the person meets the present law financial responsibility requirement for such officers, which is a corporate surety bond or liability insurance in the amount of $50,000 or more. ON APRIL 12, 2022, THE SENATE SUBSTITUTED HOUSE BILL 2649 FOR SENATE BILL 2162, ADOPTED AMENDMENTS # 1 AND 2, AND PASSED HOUSE BILL 2649, AS AMENDED. AMENDMENT #1 rewrites this bill to authorize licensed health care facilities to: (1) Establish policies pursuant to which a suitable number of persons may be employed or commissioned, or both, as police officers, public safety officers, and security officers by the facility; provided, that the chief law enforcement officer of the law enforcement agency with jurisdiction over the facility has appointed each police officer who is employed or commissioned pursuant to this amendment as a special deputy or special police officer; (2) Establish qualifying factors, training standards, and policies for employees holding a police officer's commission, which exceed the minimum requirements under regulation by the POST commission; and (3) Establish such other minimum qualifications for employment as security officers as they deem appropriate; however, the qualifications for security officers permitted to carry firearms or other arms while on duty must be at least equivalent to the certification requirements of the POST commission. When properly commissioned and qualified in accordance with the policies of a licensed health care facility, a police officer will have all the police powers necessary to enforce all state laws as well as rules and regulations of the facility. Such police authority will extend to all facilities or property owned, leased, or operated by the facility, including any public roads or rights-of-way that are contiguous to, within the perimeter of, or connect between the facility, property, or interests of a particular facility. This amendment authorizes a law enforcement agency to enter into written mutual assistance or other agreements with other law enforcement agencies as are necessary to preserve and protect the property, patients, and employees of the facility employing the officers and to otherwise perform their duties. This amendment requires the law enforcement agency having jurisdiction where a licensed health care facility is located to define any geographical limitation on the exercise of police power of a special deputy or special police officer. This amendment also extends immunity from liability to the law enforcement agency having jurisdiction where a licensed health care facility is located for injury, loss, damage, or expense resulting from any act or omission on the part of any special deputy or special police officer commissioned a hospital police officer by a facility. Present law requires that special deputies post a surety bond or carry liability insurance for at least $50,000. This amendment extends such requirement to any special deputy, special police officer, or commissioned hospital police officer. This amendment specifies that it does not entitle the officers to any public funding, for training or otherwise. AMENDMENT #2 adds authorization for a local governmental entity to contract with an entity working on the megasite of West Tennessee for the provision of security services at the megasite.

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Overview

This bill authorizes licensed health care facilities to employ and commission police officers to provide security and law enforcement at the facility, subject to the following: (1) A health care facility employing police officers must ensure that each police officer is certified by the peace officer standards and training commission; (2) Each police officer employed by a health care facility must be appointed as a special deputy or a special police officer by the chief law enforcement officer of the county or municipal law enforcement agency in which the facility is located; (3) The county or municipal law enforcement agency having jurisdiction where the facility is located must define the geographical limitation on the exercise of police power of the special deputy or special police officer; (4) The law enforcement agency having jurisdiction where the facility is located will be immune from a suit by anyone damaged by an act or omission on the part of a special deputy or special police officer commissioned as a police officer by a health care facility; and (5) A person must not be appointed as a special deputy or a special police officer or be commissioned as a police officer by a facility, unless the person proves to the law enforcement agency having jurisdiction where the facility is located that the person meets the present law financial responsibility requirement for such officers, which is a corporate surety bond or liability insurance in the amount of $50,000 or more. ON APRIL 12, 2022, THE SENATE SUBSTITUTED HOUSE BILL 2649 FOR SENATE BILL 2162, ADOPTED AMENDMENTS # 1 AND 2, AND PASSED HOUSE BILL 2649, AS AMENDED. AMENDMENT #1 rewrites this bill to authorize licensed health care facilities to: (1) Establish policies pursuant to which a suitable number of persons may be employed or commissioned, or both, as police officers, public safety officers, and security officers by the facility; provided, that the chief law enforcement officer of the law enforcement agency with jurisdiction over the facility has appointed each police officer who is employed or commissioned pursuant to this amendment as a special deputy or special police officer; (2) Establish qualifying factors, training standards, and policies for employees holding a police officer's commission, which exceed the minimum requirements under regulation by the POST commission; and (3) Establish such other minimum qualifications for employment as security officers as they deem appropriate; however, the qualifications for security officers permitted to carry firearms or other arms while on duty must be at least equivalent to the certification requirements of the POST commission. When properly commissioned and qualified in accordance with the policies of a licensed health care facility, a police officer will have all the police powers necessary to enforce all state laws as well as rules and regulations of the facility. Such police authority will extend to all facilities or property owned, leased, or operated by the facility, including any public roads or rights-of-way that are contiguous to, within the perimeter of, or connect between the facility, property, or interests of a particular facility. This amendment authorizes a law enforcement agency to enter into written mutual assistance or other agreements with other law enforcement agencies as are necessary to preserve and protect the property, patients, and employees of the facility employing the officers and to otherwise perform their duties. This amendment requires the law enforcement agency having jurisdiction where a licensed health care facility is located to define any geographical limitation on the exercise of police power of a special deputy or special police officer. This amendment also extends immunity from liability to the law enforcement agency having jurisdiction where a licensed health care facility is located for injury, loss, damage, or expense resulting from any act or omission on the part of any special deputy or special police officer commissioned a hospital police officer by a facility. Present law requires that special deputies post a surety bond or carry liability insurance for at least $50,000. This amendment extends such requirement to any special deputy, special police officer, or commissioned hospital police officer. This amendment specifies that it does not entitle the officers to any public funding, for training or otherwise. AMENDMENT #2 adds authorization for a local governmental entity to contract with an entity working on the megasite of West Tennessee for the provision of security services at the megasite.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

January 31, 2022

Subjects
271540232290

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SB2162: Amends TCA Title 38 and Title 68, Chapter 11. | LegisGo