March 20, 2013
SENATE BILL No. 582
DIGEST OF SB 582
(Updated March 19, 2013 2:14 pm - DI 87)
Citations Affected: IC 5-2; IC 16-18.
Synopsis: Hospital police departments. Allows the governing board
of a county hospital, the Marion County health and hospital
corporation, a municipal hospital, or private hospital to establish a
hospital police department.
Effective: July 1, 2013.
, Arnold J, Crider
(HOUSE SPONSORS _ HEUER, MORRIS, GIAQUINTA, SMALTZ)
January 15, 2013, read first time and referred to Committee on Homeland Security,
Transportation and Veterans Affairs.
February 5, 2013, reported favorably _ Do Pass.
February 7, 2013, read second time, ordered engrossed.
February 8, 2013, engrossed.
February 11, 2013, read third time, passed. Yeas 29, nays 18.
February 26, 2013, read first time and referred to Committee on Veterans Affairs and
March 14, 2013, amended, reported _ Do Pass.
March 19, 2013, read second time, amended, ordered engrossed.
March 20, 2013
First Regular Session 118th General Assembly (2013)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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will appear in that style type in the introductory clause of each SECTION that adds
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between statutes enacted by the 2012 Regular Session of the General Assembly.
SENATE BILL No. 582
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 5-2-1-2; (13)ES0582.2.1. -->
SECTION 1. IC 5-2-1-2, AS AMENDED BY P.L.197-2011,
SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 2. For the purposes of this chapter, and unless the
context clearly denotes otherwise, the following definitions apply
throughout this chapter:
(1) "Law enforcement officer" means an appointed officer or
employee hired by and on the payroll of the state, any of the
state's political subdivisions, or a public or private postsecondary
educational institution whose board of trustees has established a
police department under IC 21-17-5-2 or IC 21-39-4-2 who is
granted lawful authority to enforce all or some of the penal laws
of the state of Indiana and who possesses, with respect to those
laws, the power to effect arrests for offenses committed in the
officer's or employee's presence. However, the following are
expressly excluded from the term "law enforcement officer" for
the purposes of this chapter:
(A) A constable.
(B) A special officer whose powers and duties are described
in IC 36-8-3-7 or a special deputy whose powers and duties are
described in IC 36-8-10-10.6.
(C) A county police reserve officer who receives compensation
for lake patrol duties under IC 36-8-3-20(f)(4).
(D) A conservation reserve officer who receives compensation
for lake patrol duties under IC 14-9-8-27.
(E) An employee of the gaming commission whose powers
and duties are described in IC 4-32.2-9.
(F) A correctional police officer described in IC 11-8-9.
(G) A hospital police officer described in IC 16-18-4.
(2) "Board" means the law enforcement training board created by
(3) "Executive training program" means the police chief executive
training program developed by the board under section 9 of this
(4) "Law enforcement training council" means one (1) of the
confederations of law enforcement agencies recognized by the
board and organized for the sole purpose of sharing training,
instructors, and related resources.
(5) "Training regarding the lawful use of force" includes
classroom and skills training in the proper application of hand to
hand defensive tactics, use of firearms, and other methods of:
(A) overcoming unlawful resistance; or
(B) countering other action that threatens the safety of the
public or a law enforcement officer.
(6) "Hiring or appointing authority" means:
(A) the chief executive officer, board, or other entity of a
police department or agency with authority to appoint and hire
law enforcement officers; or
(B) the governor, mayor, board, or other entity with the
authority to appoint a chief executive officer of a police
department or agency.
SOURCE: IC 16-18-4; (13)ES0582.2.2. -->
SECTION 2. IC 16-18-4 IS ADDED TO THE INDIANA CODE AS
CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
Chapter 4. Hospital Police Departments
Sec. 1. This section applies to the following:
(1) A hospital licensed under IC 16-21-2 that is established
and operated under IC 16-22-2, IC 16-22-8, or IC 16-23.
(2) A hospital licensed under IC 16-21-2 that is not:
(A) a unit of state or local government; or
(B) owned or operated by a unit of state or local
Sec. 2. The governing board of a hospital may establish a
hospital police department under this chapter.
Sec. 3. The governing board of a hospital may do the following
for the hospital police department:
(1) Appoint hospital police officers.
(2) Prescribe the duties and direct the conduct of hospital
(3) Prescribe distinctive uniforms.
(4) Provide emergency vehicles.
Sec. 4. (a) The governing board of a hospital shall require an
individual appointed as a hospital police officer to meet at least the
(1) The individual must successfully complete, at a board
certified law enforcement academy or at a law enforcement
training center, the basic training requirements adopted by
the law enforcement training board as necessary for
employment as a law enforcement officer. The individual may
not exercise the police powers set forth in IC 5-2-1-9(d) until
the individual has completed the basic training requirements.
The individual may also be required to successfully complete
any additional training courses approved by the governing
board of the hospital in conjunction with the law enforcement
(2) The individual must undergo a psychological evaluation.
(3) The individual must undergo a national criminal history
Sec. 5. A hospital police officer appointed under this chapter:
(1) must take an appropriate oath of office in a form and
manner prescribed by the governing board of a hospital;
(2) serves at the governing board's pleasure; and
(3) performs the duties that the governing board assigns.
Sec. 6. (a) A hospital police officer appointed under this chapter
has the following powers:
(1) General police powers, including the power to arrest,
without process, all persons who commit any offense within
the view of the police officer.
(2) The same common law and statutory powers, privileges,
and immunities as sheriffs and constables. However, the
police officer is empowered to serve civil process only to the
extent authorized by the governing board of a hospital.
(3) The duty to enforce and to assist the officials of the
hospital in the enforcement of the rules and regulations of the
(4) The duty to assist and cooperate with other law
enforcement agencies and law enforcement officers.
(b) The governing board of a hospital employing a hospital
police officer may expressly forbid the police officer from
exercising any powers otherwise granted to the police officer by
Sec. 7. A hospital police officer appointed under this chapter
may exercise the powers granted under this chapter only upon any
property owned, leased, or occupied by the hospital.