Tennessee § 62-35-141 - Notification and uniform requirements for peace officers providing security outside of primary jurisdiction.

§ 62-35-141. Notification and uniform requirements for peace officers providing security outside of primary jurisdiction.

Notwithstanding any provision of this chapter to the contrary, if a full-time sworn peace officer is working to provide uniformed security, direct traffic, exercise crowd control or perform any other such duty in a jurisdiction other than the officer's primary jurisdiction, then the chief law enforcement officer of the jurisdiction in which the full-time sworn peace officer is working shall be notified of the location of the officer's assignment as well as the length of the assignment. For work performed in unincorporated areas of a county or within the limits of a municipality that does not maintain a police department, the chief law enforcement officer of the jurisdiction is the county sheriff. For work performed within the limits of a municipality that maintains a police department, the chief law enforcement officer of the jurisdiction is the municipal police chief. Notice shall be provided in writing by the employer of the full-time sworn peace officer within five (5) days prior to the date of first service, unless other arrangements are made with the chief law enforcement officer of the jurisdiction. While a full-time sworn peace officer certified pursuant to § 38-8-107 is employed in a jurisdiction other than the full-time sworn peace officer's primary jurisdiction, the officer's clothing shall bear insignia and markings clearly designating that the peace officer is a private duty law enforcement officer. The Tennessee peace officer standards and training commission, created by title 38, chapter 8, part 1, shall establish design criteria for the insignia and markings. Notwithstanding subdivision (b)(1), a full-time sworn peace officer certified pursuant to § 38-8-107, while employed in a jurisdiction other than the officer's primary jurisdiction, may wear the primary jurisdiction's uniform, if the jurisdiction has authorized its officers to do so. The jurisdiction may establish reasonable regulations for the wearing of its uniforms during the employment. This section shall only apply to sworn peace officers engaged in employment outside their primary jurisdiction and within a county having a: Metropolitan form of government and a population greater than one hundred thousand (100,000), according to the 2000 federal census or any subsequent federal census; or Population of no less than one hundred eighty-two thousand (182,000) nor greater than one hundred eight-three thousand (183,000), according to the 2000 federal census or any subsequent federal census. Acts 2002, ch. 846, § 1; 2003, ch. 222, § 1. Compiler's Notes. The version of T.C.A. § 62-35-141 originally enacted by Acts 2002, ch. 846, § 1, has been redesignated as present T.C.A. § 62-35-141 , due to multiple enactments at this section. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement. Attorney General Opinions. Part-time officers as licensed security guards. OAG 12-77, 2012 Tenn. AG LEXIS 73 (7/25/12). The departmental approval required under T.C.A. § 62-35-103(a)(15)(B) refers to approval from the law enforcement agency of the individual peace officer’s primary jurisdiction, not to approval from the Commissioner. The exemption in T.C.A. § 62-35-103(a)(15)(B) applies to part-time or reserve peace officers who are commissioned by a Tennessee law enforcement agency but not certified by Tennessee Peace Officer Standards and Training Commission (“POST”). OAG 16-43, 2016 Tenn. AG LEXIS 43 (12/14/2016). Under T.C.A. § 62-35-141(a) , the licensed contract security company that employs the peace officer outside the peace officer’s primary jurisdiction is responsible for notifying the chief law enforcement officer of the jurisdiction in which the peace officer is temporarily employed. The Commissioner may pursue disciplinary action against the licensed contract security company if it violates the notification requirement. T.C.A. § 62-35-141(a) applies only to full-time peace officers. The notification requirement under TC.A. § 62-35-141(a) does not apply to part-time or reserve officers regardless of their certification status with POST or the types of services they provide. OAG 16-43, 2016 Tenn. AG LEXIS 43 (12/14/2016).