AN ACT relating to hospital police departments.

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AN ACT relating to hospital police departments. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 216B IS CREATED TO 3
READ AS FOLLOWS: 4
(1) Except as provided in subsection (3) of this section, a hospital licensed under this 5
chapter is authorized to: 6
(a) Establish a police department and appoint hospital police officers and other 7
employees for the hospital; 8
(b) Prescribe distinctive uniforms for the police officers of the hospital; and 9
(c)_ Designate and operate emergency vehicles. 10
(2) Police officers appointed by a hospital under Sections 1 to 7 of this Act shall take 11
an appropriate oath of office, in form or manner consistent with the Constitution 12
of Kentucky, and shall serve at the pleasure of the hospital. 13
(3) Sections 1 to 7 of this Act shall not apply to any hospital licensed under this 14
chapter that is owned or operated by a public postsecondary educational 15
institution or its affiliated corporations, the Commonwealth, any city, county, 16
charter county government, urban -county governm ent, consolidated local 17
government, unified local government, or any political subdivision thereof. 18
SECTION 2. A NEW SECTION OF KRS CHAPTER 216B IS CREATED TO 19
READ AS FOLLOWS: 20
(1) (a) Police officers appointed by a hospital under Sections 1 to 7 of this Act shall 21
be peace officers and conservators of the peace. They shall have general 22
police powers including the power to arrest, without process, all persons 23
who within their view commit any crime or misdemeanor. They shall 24
possess all of the common law and statutory powers, privileges, and 25
immunities of sheriffs, except that they shall be empowered to serve civil 26
process to the extent authorized by the hospital authorizing and employing 27
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them. 1
(b) Without limiting the genera lity of the powers, privileges, and immunities 2
granted under paragraph (a) of this subsection, hospital police officers are 3
authorized and empowered, and it shall be their duty to: 4
1. Preserve the peace, maintain order, and prevent unlawful use of force 5
or violence or other unlawful conduct on all property owned by or 6
being used by the hospital, and to protect all persons and property 7
located thereon from injury, harm, and damage; 8
2. Enforce and assist officials of the hospital in the enforcement of the 9
lawful rules and regulations of the hospital; and 10
3. Assist and cooperate with law enforcement agencies and officers. 11
(c) Hospital police officers shall exercise the powers granted in this section: 12
1. Upon any real property owned or occupied by the hospital, including 13
the streets passing through and adjacent to that real property; 14
2. In any county of the Commonwealth where the hospital owns, uses, or 15
occupies property; and 16
3. In any additional jurisdiction as established by agreement with the 17
chief of police of the local government, sheriff of the county, or the 18
appropriate law enforcement agency where the property is located, 19
dependent upon the jurisdiction involved. 20
(2) Hospital police officers appointed pursuant to Sections 1 to 7 of this Act shall 21
have, i n addition to the other powers enumerated in this section, the power to 22
conduct investigations anywhere in this Commonwealth if the investigation 23
relates to criminal offenses which occurred on property owned, leased, or 24
controlled by the hospital. Where de sirable and at the discretion of the hospital's 25
police officials, the hospital's police department may coordinate said 26
investigations with any law enforcement agency of this Commonwealth or with 27
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agencies of the federal government. 1
(3) Sections 1 to 7 of th is Act shall not be construed as a diminution or modification 2
of the authority or responsibility of any city or county police department, the 3
Department of Kentucky State Police, sheriff, constable granted police powers, or 4
other peace officer either on the property of a hospital or otherwise. 5
SECTION 3. A NEW SECTION OF KRS CHAPTER 216B IS CREATED TO 6
READ AS FOLLOWS: 7
(1) All persons appointed as hospital police officers pursuant to Sections 1 to 7 of 8
this Act shall, at the time of their employment: 9
(a) Be certified in accordance with KRS 15.380 to 15.404; and 10
(b) Possess whatever other requirements as may be set by the hospital that 11
employs them. 12
(2) The hospital may provide for the appointment or promotion to the ranks a nd 13
grades and positions of the hospital police officers and civilians as are considered 14
by the hospital to be necessary for the efficient administration of the hospital 15
police department. The hospital police officers and civilians shall receive 16
compensation as shall be fixed and paid by the hospital. 17
SECTION 4. A NEW SECTION OF KRS CHAPTER 216B IS CREATED TO 18
READ AS FOLLOWS: 19
(1) Vehicles used for emergency purposes by the police department of a hospital shall 20
be considere d emergency vehicles, equipped with blue lights and sirens, and 21
operated in conformance with the requirements of KRS Chapter 189. 22
(2) Police officers directly employed by a hospital pursuant to Sections 1 to 7 of this 23
Act shall have the rights accorded to peace officers provided under KRS 527.020. 24
(3) Police departments established by hospitals may install, maintain, and operate 25
radio systems on police or other radio frequencies under licenses issued by the 26
Federal Communications Commission, or its successo r, KRS 432.570 to the 27
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contrary notwithstanding. 1
(4) Police departments of hospitals shall comply with the requirements of the 2
Kentucky Revised Statutes and the Justice and Public Safety Cabinet with regard 3
to reporting of criminal and other statistics. 4
SECTION 5. A NEW SECTION OF KRS CHAPTER 216B IS CREATED TO 5
READ AS FOLLOWS: 6
(1) (a) Each hospital, having the power and authority to govern and control the 7
method and purpose of use of property owned or occupied by the ho spital, 8
including travel over that property, is hereby confirmed in its authority to 9
regulate the traffic and parking of motor vehicles, bicycles, or other vehicles 10
as well as the traffic of pedestrians on, over, and across the streets, roads, 11
paths, and g rounds of real property owned, used, or occupied by the 12
hospital. The regulations applicable to traffic and parking may include but 13
are not limited to: 14
1. Provisions governing the registration, speed, operation, parking, and 15
times, places, and manner of use of motor vehicles, bicycles, and other 16
vehicles; 17
2. Provisions prescribing penalties for the violation of those regulations, 18
which penalties may include the imposition of reasonable charges, the 19
removing and impounding, at the expense of the violator, of vehicles 20
that are operated or parked in violation of the regulations, and the 21
denial of permission to operate vehicles on the property of the 22
hospital; and 23
3. Provisions establishing reasonable charges and fees for the 24
registration of vehicles and for the use of parking spaces or facilities 25
owned or occupied by the hospital. 26
(b) This section shall not be deemed to limit or restrict the powers of any 27
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governmental authority having jurisdiction over public streets, roads, alleys, 1
or ways. 2
(2) Motor vehicle moving violations of regulations issued under this section shall be 3
deemed violations of the appropriate equivalent sections of the motor vehicle laws 4
of the Commonwealth and may be prosecuted in the courts having territorial 5
jurisdiction over the physical location of the offense. 6
SECTION 6. A NEW SECTION OF KRS CHAPTER 216B IS CREATED TO 7
READ AS FOLLOWS: 8
A person shall not falsely represent himself or herself to be a hospital police officer, 9
agent, or employee of a police department of a hospital and in that assumed character 10
arrest or detain, search, or question, in any manner the person or property of any 11
person, and shall not without the authority of the hospital, wear the official uniform, 12
insignia, badge, or identification of the hospital police department. 13
SECTION 7. A NEW SECTION OF KRS CHAPTER 216B IS CREATED TO 14
READ AS FOLLOWS: 15
(1) Any complaint taken from a citizen alleging misconduct on the part of any 16
hospital police officer a ppointed pursuant to Sections 1 to 7 of this Act shall be 17
taken as follows: 18
(a) If the complaint alleges criminal activity by a hospital police officer, the 19
allegations may be investigated without a signed, sworn complaint of the 20
citizen; 21
(b) If the complaint alleges any other type of violation not constituting criminal 22
activity, including violations of law enforcement procedures or the general 23
employment policies of the hospital, an affidavit, signed and sworn to by the 24
citizen, shall be obtained, except a s provided in paragraph (c) of this 25
subsection; or 26
(c) If a complaint is required to be obtained and the citizen, upon request, 27
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refuses to make allegations under oath in the form of an affidavit, signed 1
and sworn to, the hospital may investigate the allega tions but shall bring 2
charges under subsection (4) of this section against the hospital police 3
officer only if the hospital can independently substantiate the allegations 4
absent the sworn statement of the citizen. 5
(2) (a) When a hospital police officer is accused of an act or omission that would 6
constitute a violation of law enforcement procedures by any individual 7
within the hospital police department, including supervisors, the hospital 8
shall conform the conduct of any investigation to the provisions of 9
subsection (3) of this section, shall formally charge the hospital police 10
officer in accordance with subsection (4) of this section, and shall conduct a 11
hearing in accordance with subsection (5) of this section before any 12
disciplinary action shall be taken against the hospital police officer. 13
(b) This subsection shall not prevent the hospital from suspending the hospital 14
police officer, with or without pay, during an investigation and pending the 15
final disposition of any formal charges, except that a hospita l police officer 16
suspended without pay shall be entitled to full back pay and benefits for the 17
regular hours he or she would have worked if no formal charges are 18
brought or the hearing authority finds the officer not guilty of the charges. 19
(c) A hospital s hall not be required to follow the provisions of this section in 20
addressing conduct by the hospital police officer that would constitute a 21
violation of the general employment policies of the hospital. 22
(3) Any complaint filed by a citizen under subsection ( 1) of this section, or any 23
allegation of conduct that would constitute a violation of law enforcement 24
procedures under subsection (2) of this section, shall be investigated by the 25
hospital in accordance with this section if the hospital determines that an 26
investigation of the complaint or the alleged conduct is warranted. 27
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(4) (a) If it is determined through investigation or other means that the facts 1
alleged in a citizen complaint or in an accusation of a violation of law 2
enforcement procedures warrant char ging the hospital police officer, the 3
charge shall be made in writing with sufficient specificity so as to fully 4
inform the hospital police officer of the nature and circumstances of the 5
alleged violation in order that he or she may be able to properly def end 6
himself or herself. 7
(b) The charge shall be signed by a representative of the hospital, shall set out 8
the disciplinary action recommended or imposed, and shall be served on the 9
officer in writing by certified mail, return receipt requested, or by perso nal 10
delivery. 11
(5) Unless waived by the charged hospital police officer in writing, a hearing shall be 12
conducted by the hospital to determine whether there is substantial evidence to 13
prove the charges and to determine what, if any, disciplinary action shall be taken 14
if substantial evidence does exist. In conducting a hearing, the following 15
administrative due process rights shall be recognized and these shall be the 16
minimum rights afforded any hospital police officer charged, except as otherwise 17
agreed to in writing by the officer and the hospital: 18
(a) The accused hospital police officer shall be given at least twelve (12) days' 19
written notice of any hearing. The notice of hearing shall be served on the 20
hospital police officer by certified mail, return receipt requested, or by 21
personal delivery; 22
(b) Copies of any sworn statements or affidavits to be considered by the hearing 23
authority and any exculpatory statements or affidavits shall be furnished to 24
the hospital police officer no less than twelve (12) days pri or to the time of 25
any hearing; 26
(c) At any hearing based upon the sworn complaint of a citizen, the citizen 27
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shall be notified to appear at the time and place of the hearing by certified 1
mail, return receipt requested, or by personal delivery; 2
(d) If the ret urn receipt has been returned unsigned, or the citizen does not 3
appear, except due to circumstances beyond his or her control preventing 4
the citizen from appearing at the time and place of the hearing, any charge 5
resulting from a complaint made by that cit izen shall not be considered by 6
the hearing authority and shall be dismissed with prejudice; 7
(e) The accused hospital police officer shall have the right an d opportunity to 8
obtain and have counsel present, and to be represented by counsel; 9
(f) The accused hospital police officer shall be allowed to present witnesses and 10
any documentary or other relevant evidence the officer wishes to provide to 11
the hearing au thority, and may cross -examine all witnesses called by the 12
charging party; 13
(g) If any hospital police officer who has been suspended with or without pay is 14
not given a hearing as provided by this section within seventy -five (75) days 15
of any charge being fi led pursuant to this section, the charge shall be 16
dismissed with prejudice and shall not be considered by any hearing 17
authority and the hospital police officer shall be reinstated with full back 18
pay and benefits; 19
(h) Any hospital police officer who has bee n suspended without pay who is 20
found not guilty of the charges by the hearing authority shall be reinstated 21
with the full back pay and benefits for the regular hours he or she would 22
have worked; and 23
(i) The failure to provide any of the rights or to follow the provisions of this 24
section may be raised by the hospital police officer with the hearing 25
authority. The hearing authority shall not exclude proffered evidence based 26
on failure to follow the requirements of this section but shall consider 27
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whether, beca use of the failure, the proffered evidence lacks weight or 1
credibility and whether the hospital police officer has been materially 2
prejudiced. 3