HB261 By Representative Treadaway RFD Public Safety and Homeland Security Rd 1 18-FEB-20

SYNOPSIS: Under existing law, the president or chief executive officer of any state college or university may appoint individuals to serve as police officers for the college or university. The officers are required to be certified through the Alabama Peace Officers' Standards and Training Commission.

This bill would authorize the president or chief executive officer of any state college or university to appoint reserve police officers.

This bill would prohibit reserve police officers from being vested with any law enforcement powers or the power of arrest until and unless the reserve police officer obtains certification through the Alabama Peace Officers' Standards and Training Commission.

This bill would also provide certain qualifications for a person who applies to be a reserve police officer.

A BILL TO BE ENTITLED AN ACT

Relating to state college or university law enforcement officers; to amend Section 16-22-1, Code of Alabama 1975, to authorize the appointment of reserve police officers and provide requirements for their appointment and qualifications.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 16-22-1, Code of Alabama 1975, is amended to read as follows:

§16-22-1.

"(a) The president or chief executive officer of any state college or university, the president or chief executive officer of the Alabama Institute for Deaf and Blind, and the presidents or chief executive officers of Talladega College, Concordia College, Samford University, Birmingham-Southern College, Miles College, Stillman College, Tuskegee University, Spring Hill College, Faulkner University, Selma University, Madison Academy, and Briarwood Presbyterian Church and its integrated auxiliary Briarwood Christian School may appoint and employ one or more suitable persons to act as police officers to keep off intruders and prevent trespass upon and damage to the property of the college or university or of the institute. These persons shall be charged with all the duties and invested with all the powers of police officers, including the power of arrest for unlawful acts committed on the property.

"(b) Any person appointed to act as a police officer, pursuant to subsection (a), while on duty, shall carry and be trained in the proper use of a nonlethal weapon. For the purposes of this subsection, a nonlethal weapon is a weapon that is explicitly designed and primarily employed to immediately incapacitate the targeted person while minimizing fatalities and permanent injury. A nonlethal weapon is intended to have a reversible effect on the targeted person.

"(c) A person appointed as a police officer pursuant to subsection (a) shall be certified through the Alabama Peace Officers' Standards and Training Commission.

"(d) The president or chief executive officer of any state college or university may appoint reserve police officers to assist or aid duly appointed certified law enforcement officers of the state college or university. The reserve police officer shall serve under the direction of the chief of police of the state college or university. No reserve police officers appointed under this subsection shall be vested with any law enforcement authority or exercise any power of arrest unless they are first certified by the Alabama Peace Officers' Standards and Training Commission. A reserve police officer appointed under this subsection shall obtain his or her certification by the Alabama Peace Officers' Standards and Training Commission within one year of his or her appointment as a reserve police officer. A reserve police officer appointed under this subsection who does not obtain the certification as required by this subsection shall be removed from the state college or university as a reserve police officer.

"(e) A person desiring appointment as a reserve police officer under subsection (d) shall submit a written application to the appointing authority certifying that the applicant is 19 years of age or more, is of good moral character and reputation, has never been convicted of a felony or of a misdemeanor involving force, violence, or moral turpitude, and is not prohibited from owning or possessing a firearm. The applicant shall consent in writing to a fingerprint and complete background investigation.

"(f) A reserve police officer may not carry a firearm unless the officer has obtained a properly issued permit to carry or possess a firearm, has been trained and qualified in the proficient use of the firearm, and the appointing authority has approved his or her use of the firearm. A reserve police officer may carry a firearm only as authorized by this subsection and only to the extent permitted by rules of the appointing authority.

"(d) (g) This section is cumulative."

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Education

Law Enforcement Officers

Peace Officers' Standards and Training Commission

Code Amended