38-3-120 - Peace officers for Tennessee valley authority.
38-3-120. Peace officers for Tennessee valley authority.
(a) The Tennessee valley authority (TVA) may apply to the commissioner of safety for the appointment and commissioning of such number of its agents, servants, or employees as TVA shall designate to act as peace officers, as provided in this section. The commissioner, upon the application, shall appoint persons as TVA designates to be peace officers, and shall give commissions to those appointed. Any agent, servant, or employee of TVA so designated shall be eligible for the appointment and commission.
(b) Before entering into the performance of duties, every officer appointed pursuant to subsection (a) shall take and subscribe an oath of office and enter into a surety bond in the sum of fifty thousand dollars ($50,000), payable to the state of Tennessee, conditioned upon the faithful performance of all duties as officer. The oath of office and bond, with a copy of the commission, shall be filed with the secretary of state. In lieu of individual bonds, a duly executed blanket bond covering all TVA peace officers appointed and commissioned pursuant to this section, as principals, with TVA as surety, in the amount of fifty thousand dollars ($50,000) for each officer and conditioned upon the faithful performance of the officers' duties, may be filed by TVA with the secretary of state, in which event individual bonds shall not be required.
(c) Each officer, throughout every county in the state in which TVA does business, operates, or owns or controls property, including leaseholds and rights-of-way, shall have and exercise, for the sole purpose of carrying out the scope of assigned duties as specified or limited within the exclusive judgment of TVA board of directors, all of the powers of a peace officer, including the power to make arrests for public offenses committed against TVA officials or employees or committed upon, about, or against TVA property or on public roads or rights-of-way passing through or over such property, and, while in pursuit of a person fleeing after committing such an offense, may pursue the person and make arrest anywhere in the state. Further, the officers may provide security at TVA's nuclear facilities, may serve process in criminal and penal prosecutions for such offenses, and shall have authority to carry weapons for the reasonable purposes of the officers' offices and while in the performance of the officers' assigned duties. Notwithstanding any other provision of law, the authorities, responsibilities and liabilities of the officers shall be limited as provided for under this section.
(d) The keepers of jails in any county or municipality in which the violation occurs for which any such arrest is made by a TVA peace officer shall receive all persons arrested by such officers to be dealt with according to law, and persons so arrested shall be received by keepers of jails on the same basis and shall have the same status as prisoners arrested by any other law enforcement officer.
(e) Every officer appointed pursuant to subsection (a) shall, when on duty, have in possession a badge or identification card identifying the officer as a TVA peace officer, and the officer shall exhibit the badge or identification card on demand and before making an arrest.
(f) All compensation of TVA peace officers appointed and commissioned pursuant to subsection (a) shall be fixed and paid exclusively by TVA.
(g) When TVA no longer requires the services of a person appointed and commissioned as a TVA peace officer pursuant to this section, TVA shall file a notice to that effect with the commissioner of safety. Thereupon, the powers of the officer shall cease and terminate.
(h) Notwithstanding any provision of law to the contrary, no cause of action arising out of any act or omission by a TVA peace officer commissioned under the provisions of this section shall be brought against the state, or any agency, official or employee of the state.
(i) (1) The provisions of subsections (a) through (h) shall apply to the owner of a category I nuclear facility and the owner of a category I nuclear facility shall have the same rights, authority and limitations as TVA possesses with regard to the appointment of peace officers pursuant to this section.
(2) Each peace officer appointed or designated by the owner of a category I nuclear facility shall possess all of the powers, in any county where the facility is located, of a peace officer, including the power to make arrests for public offenses committed against employees or agents or against the property of the category I nuclear facility and, while in pursuit of a person fleeing after committing such an offense, may pursue the person and make arrests anywhere in the state. Additionally, the officers shall possess authority to investigate anywhere in the state any such offense and shall possess authority to carry weapons for the reasonable purposes of the officers' offices and while in the performance of their assigned duties. Notwithstanding any provision of law to the contrary, the authorities, responsibilities and liabilities of the officers shall be limited as provided for under this section.
(3) Each peace officer appointed or designated by the owner of a category I nuclear facility is authorized to use deadly force under conditions of necessity, when all lesser means have failed or cannot reasonably be employed and when one (1) or more of the following circumstances exist:
(A) Deadly force appears reasonably necessary to protect the peace officer, who reasonably believes the peace officer is in imminent danger of death or serious bodily injury;
(B) Deadly force appears reasonably necessary to prevent the imminent infliction or threatened infliction of death or serious bodily harm or the sabotage of an occupied facility by explosives;
(C) Deadly force appears reasonably necessary to prevent the theft, sabotage, or unauthorized control of a nuclear weapon or nuclear explosive device or special nuclear material from a category I nuclear facility; or
(D) Deadly force reasonably appears to be necessary to apprehend or prevent the escape of a person reasonably believed to:
(i) Have committed an offense of the nature specified in subdivision (i)(3)(A), (B) or (C); or
(ii) Be escaping by use of a weapon or explosive or who otherwise poses an imminent danger of death or serious bodily harm to peace officers or others unless apprehended without delay.
(4) As used in this section, unless the context otherwise requires, category I nuclear facility means a facility that possesses a formula quantity of strategic special nuclear material, as defined and licensed by the United States nuclear regulatory commission, and that must comply with the requirements of 10 CFR part 73.
(j) Subsections (a) through (h) shall apply to air carriers holding an air carrier certificate issued under 14 CFR part 119 and operating under 14 CFR part 121, or to the corporate parent of such entities, either of which shall have the same rights, authority and limitations as TVA possesses with regard to the appointment of peace officers, known under this section as transportation security officers. The following shall apply to transportation security officers:
(1) The air carrier or the parent of the entity employing and designating transportation security officers shall own or lease property, and employ persons within the state of Tennessee;
(2) Only personnel of the air carrier, or its parent, who are designated as transportation security officers by such air carrier shall receive appointments;
(3) Each transportation security officer appointed or designated by air carriers holding an air carrier certificate under 14 CFR part 119 and operating under 14 CFR part 121, or the corporate parent of such entities, shall possess all of the powers of a peace officer described in this section, including the power to make arrests for public offenses committed against employees or agents or against the property of the air carrier or its corporate parent and, while in pursuit of a person fleeing after committing such an offense, may pursue the person and make arrests. Additionally, the officers shall possess authority to carry weapons for the reasonable purposes of the officers' offices and while in the performance of the officers' assigned duties. Notwithstanding any provision of law to the contrary, the authorities, responsibilities and liabilities of the officers shall be limited as provided for under this section;
(4) The air carrier, or its parent, and any personnel employed by the carrier shall comply with all requirements of federal law pertaining to security operations associated with air carriers;
(5) Transportation security officers appointed under this section must complete appropriate initial and recurrent law enforcement training substantially equivalent to the requirements of the Tennessee peace officer standards and training commission;
(6) Any air carrier qualifying under the provisions of this subsection (j) shall, at the time of the first appointment of transportation security officers, notify the proprietors of the airports served by the air carrier of the appointment of the officers, and the air carrier shall comply with the security plans of each airport with respect to the carrying of arms by the officers; and
(7) The provisions of this subsection (j) shall not require an air carrier to designate any transportation security officers or otherwise staff law enforcement positions.
[Acts 1989, ch. 76, §§ 1-9; 2001, ch. 25, § 1; 2002, ch. 849, § 10; 2007, ch. 14, § 1.]