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Regular Session, 2011
HOUSE BILL NO. 274
BY REPRESENTATIVE LAMBERT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PRIVATE SECURITY: Provides relative to hospital security and police jurisdiction
AN ACT1
To enact R.S. 40:2198, relative to health care facilities; to provide relative to security of a2
health care facility; to authorize certain medical corporations to establish a hospital3
police force; to provide for authority of officers; to provide for jurisdiction; to4
provide for training requirements; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 40:2198 is hereby enacted to read as follows: 7
PART XII. HEALTH CARE FACILITIES AND SECURITY8
ยง2198. Hospital police force; privately owned, nonprofit medical corporation9
A. The governing board of any privately owned, nonprofit medical10
corporation may establish a hospital police force and employ and commission police11
or security personnel to maintain general order, exercise police power, and enforce12
the laws of this state within the jurisdiction designated in Subsection D of this13
Section if the following conditions are met:14
(1) The privately owned, nonprofit medical corporation is located in a city15
having a population of not less than two hundred twenty thousand and not more than16
two hundred thirty thousand, as determined by the latest federal decennial census.17
(2) The privately owned, nonprofit medical corporation has an institution of18
higher education or a private postsecondary education institution, located within one19 HLS 11RS-73 ORIGINAL
HB NO. 274
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of the medical corporation's medical complexes or campuses, or is legally affiliated1
with or owned, leased, managed, or controlled by the medical corporation.2
(3) The privately owned, nonprofit medical corporation has a minimum of3
seven hundred licensed beds.4
B.(1) All persons commissioned as officers pursuant to the provisions of this5
Section shall successfully complete a certified training program approved by the6
Council on Peace Officers Standards and Training and shall possess a current7
P.O.S.T. certification as provided for in R.S. 40:2405. The medical corporation may8
employ any person in an entry level position in the hospital police force while such9
person is attending a certified training program approved by the Council on Peace10
Officers Standards and Training.11
(2) An officer assigned to duty and commissioned pursuant to the provisions12
of this Section shall take and file the oath required of peace officers.13
(3) An officer commissioned pursuant to the provisions of this Section shall14
execute a bond in the amount of ten thousand dollars in favor of the state for the15
faithful performance of his duties. Any person injured or damaged by such officer16
may sue upon this bond.17
C.(1) An officer commissioned pursuant to the provisions of this Section18
may make arrests and shall have all the powers, privileges, and immunities of a19
peace officer while performing the officer's assigned duties within the jurisdiction20
designated by Subsection D of this Section.21
(2) An officer commissioned pursuant to the provisions of this Section may22
be permitted to carry a concealed weapon if he is in the actual discharge of his23
official duties as a commissioned officer of the medical corporation, or if he24
possesses a concealed handgun permit properly issued in his name pursuant to the25
provisions of R.S. 40:1379.3.26
(3) Upon authorization by the chief administrative officer of the medical27
corporation, the commissioned officer shall have authority to discharge his duties28 HLS 11RS-73 ORIGINAL
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outside of jurisdiction designated in Subsection D of this Section when the officer1
is engaged in any of the following activities:2
(a) Gathering intelligence or investigating a crime committed within the3
jurisdiction designated in Subsection D of this Section.4
(b) Transporting prisoners in furtherance of the duties as provided in5
Subsection E of this Section.6
(c) Transporting money, securities, or other valuables on behalf of the7
medical corporation.8
D. The jurisdiction of an officer commissioned pursuant to the provisions of9
this Section is limited to the following areas:10
(1) The property under the control and jurisdiction of the privately owned,11
nonprofit medical corporation or any entity legally affiliated with or owned, leased,12
managed, or controlled by the medical corporation, including but not limited to any13
facilities or campuses for an institution of higher education or a private14
postsecondary education institution.15
(2) Any portion of any public road, highway, street, easement, right-of-way,16
or alley that passes through, runs adjacent to, or immediately adjoins the property17
described in Paragraph (1) of this Subsection.18
(3) Any other location in which the officer is performing duties assigned to19
the officer by the medical corporation regardless of whether the officer is on property20
under the control and jurisdiction of the medical corporation, provided that the21
assigned duties are consistent with the mission of the medical corporation and within22
the authority of a commissioned officer of the medical corporation.23
E.(1) Any person arrested by officers commissioned pursuant to the24
provisions of this Section shall be surrendered and immediately transferred to the25
custody of the sheriff or municipal police wherein the arrest occurred.26
(2) Nothing in this Section shall be construed or interpreted in any manner27
as to affect the rights, powers, and duties of any sheriff, constable, police officer, or28 HLS 11RS-73 ORIGINAL
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other law enforcement officer with jurisdiction over any area designated in1
Subsection D of this Section.2
F.(1) An officer commissioned pursuant to the provisions of this Section3
shall not be entitled to compensation or benefits provided by this state or any4
political subdivision of this state.5
(2) The state or any political subdivision of this state shall not be liable for6
any act or omission of an officer commissioned pursuant to the provisions of this7
Section during the performance of the officer's assigned duties.8
G. The authority granted to a commissioned officer pursuant to the9
provisions of this Section shall immediately be revoked upon the termination of the10
officer's employment with the hospital police force of the medical corporation.11
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Lambert HB No. 274
Abstract: Authorizes certain medical corporations to establish a hospital police force to
provide security within a certain jurisdiction.
Proposed law authorizes the governing board of any privately owned, nonprofit medical
corporation to establish a hospital police force and employ and commission police or
security personnel to maintain general order, exercise police power, and enforce the laws of
this state within a specified jurisdiction if the following conditions are met:
(1)The medical corporation is located in a city having a population of not less than
220,000 and not more than 230,000, as determined by the latest federal decennial
census.
(2)The medical corporation has an institution of higher education or a private
postsecondary education institution, located within one of the medical corporation's
medical complexes or campus, or is legally affiliated with or owned, leased,
managed, or controlled by the medical corporation.
(3)The medical corporation has at least 700 licensed beds.
Proposed law provides that the hospital police force's jurisdiction includes the property
under the control and jurisdiction of the medical corporation or any entity legally affiliated
with the medical corporation, and any portion of any public road, highway, street, easement,
right-of-way, or alley that passes through or runs adjacent to or immediately adjoins such
property.
Provides the following with respect to all persons commissioned as officers pursuant to
proposed law: HLS 11RS-73 ORIGINAL
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(1)Shall complete specified training, possess a current P.O.S.T. certification, shall take
and file the oath required of peace officers, and shall execute a bond in the amount
of $10,000 in favor of the state for the faithful performance of his duties.
(2)Shall have the authority to carry a concealed weapon and make arrests when in the
actual discharge of his duties, but shall surrender and immediately transfer any
person arrested to the custody of the sheriff or municipal police where the arrest
occurred.
(3)Shall not be entitled to any compensation or benefits provided by this state or any
political subdivision thereof.
Provides that this proposed law shall not be construed so as to affect the rights, powers, and
duties of any law enforcement agency with jurisdiction over any area covered by the hospital
police force, and further provides that the state or any political subdivision of this state shall
not be liable for any act or omission of an officer commissioned pursuant to proposed law.
(Adds R.S. 40:2198)