Amendment_Report_for

House Amendments to Senate Bill No. 2236

TO THE SECRETARY OF THE SENATE:

THIS IS TO INFORM YOU THAT THE HOUSE HAS ADOPTED THE AMENDMENTS SET OUT BELOW:

AMENDMENT NO. 1

Amend by striking all after the enacting clause and inserting in lieu thereof the following:

SECTION 1. (1) Use of official uniforms and weapons by officers on private job. Certified law enforcement officers or certified part-time law enforcement officers, as defined in Section 45-6-3, may wear the official uniform issued by the jurisdiction by which they are employed, and may utilize the official firearm issued by the jurisdiction by which they are employed, while in the performance of private security services in off-duty hours, provided that the governing board and chief executive of the jurisdiction by which the officer is employed first approves of such use of the uniform and official weapon by act spread upon the minutes of such board and approved by the chief executive. Any such approval shall be on an employee-by-employee basis and not by general order. Any proceedings regarding application or approval and the minutes regarding same shall be a public record.

(2) Powers of employing jurisdiction. Each governing board and chief executive shall determine before the use of the official uniform and weapon is approved that the proposed employment is not likely to bring disrepute to the employing jurisdiction or its law enforcement agency, the officer at issue, or law enforcement generally, and that the use of the official uniform and weapon in the discharge of the officer's private security endeavor promotes the public interest.

(3) Liability of public employer for acts of officer while in discharge of private security employment. Acts and omissions of an officer in discharge of private security employment shall be deemed to be the acts and omissions of the person or entity employing the officer for such private security services, and not the acts and omissions of the jurisdiction whose uniform and weapon are approved for such private security use. Such employer employing the officer for private security services shall hold harmless the jurisdiction by which the officer is employed and fully indemnify such jurisdiction for any expense or loss, including attorney's fees, which results from any action taken against the jurisdiction arising out of the acts or omissions of the officer in discharge of private security services while wearing the official uniform or using the official weapon. Neither the state nor any subdivision thereof shall be liable for acts or omissions of an officer discharging private security employment duties.

(4) Notice to agency concerning off-duty employment. Certified police officers performing private jobs during their off-duty hours shall be required to notify the appropriate law enforcement agency of the place of employment, the hours to be worked, and the type of employment.

(5) The official uniform and weapon may be worn and utilized only at locations which are within the jurisdiction of the governmental entity whose uniform and weapon are involved.

SECTION 2. This act shall take effect and be in force from and after its passage.