Senate
File
163
-
Introduced
SENATE
FILE
163
BY
McCOY
A
BILL
FOR
An
Act
relating
to
the
commissioning
and
appointment
of
a
1
hospital
peace
officer.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
80B.12,
Code
2015,
is
amended
to
read
as
1
follows:
2
80B.12
Agreements
with
other
agencies.
3
The
director
with
the
approval
of
the
council
may
enter
into
4
agreements
with
other
public
and
private
agencies,
colleges
and
5
universities
,
and
hospitals
to
carry
out
the
intent
of
this
6
chapter
.
7
Sec.
2.
NEW
SECTION
.
135B.35
Hospital
peace
officers.
8
1.
The
governing
board
of
a
hospital
may
authorize
a
9
hospital
under
the
control
of
the
board
to
commission
one
10
or
more
of
its
employees
as
peace
officers.
A
hospital
11
peace
officer
shall
have
the
powers
and
duties
described
in
12
subsection
2,
if
the
officer
has
received
adequate
training
and
13
certification
at
the
Iowa
law
enforcement
academy
or
at
a
law
14
enforcement
training
school
approved
by
the
academy.
15
2.
a.
A
hospital
peace
officer
shall
have
the
following
16
powers
and
duties:
17
(1)
General
police
powers,
including
the
power
to
arrest,
18
without
a
warrant,
all
persons
who
commit
any
public
offense,
19
including
a
violation
of
any
local
ordinance,
within
view
of
20
the
officer.
21
(2)
The
same
common
law
and
statutory
powers,
privileges,
22
and
immunities
as
a
peace
officer,
including
serving
as
a
civil
23
process
server,
to
the
extent
authorized
by
the
governing
board
24
of
the
hospital.
25
(3)
The
duty
to
enforce
and
to
assist
the
officials
of
the
26
hospital
in
the
enforcement
of
the
rules
and
regulations
of
the
27
hospital.
28
(4)
The
duty
to
cooperate
with
and
assist
other
law
29
enforcement
agencies
and
other
peace
officers
and
prosecuting
30
attorneys.
31
b.
The
governing
board
of
the
hospital
may
expressly
32
prohibit
a
hospital
peace
officer
from
exercising
any
powers
or
33
duties
otherwise
granted
a
peace
officer
by
law.
34
3.
If
the
governing
board
of
a
hospital
commissions
and
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appoints
a
hospital
peace
officer,
the
board
may
do
all
of
the
1
following:
2
a.
Prescribe
the
duties
and
direct
the
conduct
of
the
3
hospital
peace
officer.
4
b.
Prescribe
distinctive
uniforms
for
the
hospital
peace
5
officer.
6
c.
Provide
emergency
vehicles
for
the
hospital
peace
7
officer’s
use.
8
4.
A
hospital
peace
officer
appointed
by
the
governing
9
board
of
a
hospital
may
exercise
the
powers
granted
under
this
10
section
only
upon
the
property
owned,
leased,
or
occupied
11
by
the
hospital,
including
the
streets
passing
through
and
12
adjacent
to
the
hospital
property.
A
hospital
peace
officer
13
may
exercise
the
powers
granted
under
this
section
over
14
additional
property
in
another
jurisdiction
as
established
by
15
agreement
with
the
appropriate
law
enforcement
agency
where
the
16
property
is
located.
17
EXPLANATION
18
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
19
the
explanation’s
substance
by
the
members
of
the
general
assembly.
20
This
bill
relates
to
the
commissioning
and
appointment
of
a
21
hospital
peace
officer.
22
Under
the
bill,
the
governing
board
of
a
hospital,
as
defined
23
in
Code
section
135B.1,
may
authorize
a
hospital
under
the
24
control
of
the
board
to
commission
one
or
more
of
its
employees
25
as
peace
officers.
26
The
bill
provides
that
if
a
hospital
peace
officer
has
27
received
adequate
training
and
certification
at
the
Iowa
law
28
enforcement
academy
or
at
a
law
enforcement
training
school
29
approved
by
the
academy,
the
officer
may
have
the
same
powers
30
as
a
regular
peace
officer,
except
as
otherwise
provided
in
the
31
bill.
32
A
hospital
peace
officer
shall
have
the
following
powers
33
and
duties
under
the
bill:
general
police
powers,
including
34
the
power
to
arrest,
without
a
warrant,
all
persons
who
commit
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163
any
offense
within
view
of
the
officer;
the
same
common
law
1
and
statutory
powers,
privileges,
and
immunities
as
a
peace
2
officer,
including
serving
as
a
civil
process
server,
to
the
3
extent
authorized
by
the
governing
board
of
the
hospital;
the
4
duty
to
enforce
and
to
assist
the
officials
of
the
hospital
in
5
the
enforcement
of
the
rules
and
regulations
of
the
hospital;
6
and
the
duty
to
assist
and
cooperate
with
other
law
enforcement
7
agencies,
peace
officers,
and
prosecutors.
8
The
governing
board
of
the
hospital
may
expressly
prohibit
9
a
hospital
peace
officer
from
exercising
any
powers
granted
a
10
hospital
peace
officer
under
the
bill.
11
If
the
governing
board
of
a
hospital
appoints
a
hospital
12
peace
officer,
the
board
may
prescribe
duties
and
direct
the
13
conduct
of
the
hospital
peace
officer,
prescribe
distinctive
14
uniforms,
and
provide
emergency
vehicles.
15
A
hospital
peace
officer
appointed
by
the
governing
board
of
16
a
hospital
may
exercise
the
powers
granted
under
the
bill
only
17
upon
the
property
owned,
leased,
or
occupied
by
the
hospital,
18
including
the
streets
passing
through
and
adjacent
to
the
19
hospital
property.
A
hospital
peace
officer’s
jurisdiction
20
over
additional
property
may
be
established
by
agreement
with
21
the
appropriate
law
enforcement
agency
where
the
property
is
22
located.
23
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