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 TLSB 1043XS (5) 86 jm/rj
S.F. 163 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 35 -1- LSB 1043XS (5) 86 jm/rj 1/ 3
S.F. 163 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 35 -2- LSB 1043XS (5) 86 jm/rj 2/ 3
S.F. 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 -3- LSB 1043XS (5) 86 jm/rj 3/ 3