Signed by Governor Jim Justice, Jr.

Vote Smart's Synopsis:

Vote to amend and pass a bill that authorizes governing boards of public and private hospitals to employ police officers, and amends the community board of director requirements for both public and private hospitals.

Highlights:

• Authorizes the governing board of every hospital to establish hospital police departments and appoint qualified individuals to serve as hospital police officers (Ch. 16, Article 5B, Sec.16-5).

• Authorizes a retired police officer to qualify for an appointment to a hospital police department under the provisions of this act (Ch. 16, Article 5B, Sec. 16-5).

• Authorizes a hospital police officer to carry a gun and any other dangerous weapon while on duty if the officer fulfills certification requirements for law-enforcement officers (Ch. 16, Article 5B, Sec. 16-5).

• Specifies that it is the duty of a hospital police officer to preserve law and order on the premises under the jurisdiction of the governing board and all affiliated properties and on any street, road, or thoroughfare immediately adjacent to the hospital (Ch. 16, Article 5B, Sec.  16-5).

• Specifies that a hospital police officer shall have all the powers and authority of a law enforcement officer for offenses committed within the designated hospital area (Ch. 16, Article 5B, Sec. 16-5).

• Specifies that the hospital police officer’s salary shall be paid by the employing hospital’s governing board (Ch. 16, Article 5B, Sec. 16-5).

• Authorizes the governing board of the employing hospital to at any time revoke the authority of any hospital police officer (Ch. 16, Article 5B, Sec. 16-5).

• Exempts a hospital police officer from civil and criminal liability unless any of the following applies, including (Ch. 16, Article 5B, Sec. 16-5):

• The officer’s acts or omissions were manifestly outside the scope of employment or official responsibilities;

• The officer’s acts or omissions were with malicious purpose, in bad faith, or in a wanton or reckless manner; or

• Liability is expressly imposed upon the hospital police officer by any other provision.

• Requires a hospital police officer to be trained in crisis de-escalation techniques consistent with the goals and objectives of this act and requires an employing hospital shall provide crisis management training within 180 days of a hospital police officer’s start date (Ch. 16, Article 5B, Sec. 16-5).

Full Bill Text