HB 1128

CERTIFICATION OF COMPLIANCE Present law requires th e Tennessee peace officer standards and training (POST) commission to issue a certificate of compliance to any person who meets the qualifications for employment as a police officer and satisfactorily completes an approved recruit training program. Prese n t law also requires the POST commission to issue certificates to persons employed as campus police officers, public safety officers, and railroad police officers who meet certain qualifications and satisfactorily complete approved training programs. This bill requires the POST commission to also issue a certificate of compliance to any person duly elected and sworn as a county constable if such person meets the qualifications for employment as a police officer and satisfactorily completes an approved rec r uit training program. To retain such certification, the constable must successfully complete an annual in-service training session appropriate for the constable's responsibilities. However, the POST commission must not require a constable to work a cert a in number of hours in order to retain certification. Additionally, this bill clarifies that a constable is not required to be certified by the POST commission to perform the duties of a constable. COMPLETION OF EDUCATION PRIOR TO EXERCISE OF POWERS AND A UTHORITY Present law generally requires each elected constable to complete 40 hours of in-service course time for each 12-month period during which the constable holds office, beginning on the date the constable is sworn into office. However, such requi rement does not apply to any constable with 20 years of cumulative service as a constable before May 3, 2018. Present law prohibits a constable from exercising any law enforcement powers and authority conferred upon the constable if the constable fails to complete such in-service education requirements. A constable who violates such prohibition commits a Class C misdemeanor, subject to a fine only, with each day of the violation constituting a separate offense. This bill removes these prohibition pro v isions and, instead, provides the following:  Each constable newly elected or appointed on or after July 1, 2025, must complete 128 hours of training in law enforcement duties. This training must be accomplished during the first year following election or appointment.  Prior to completing the required training, the constable must be paired with another constable who has completed all training requirements or a POST-certified law enforcement officer during the constable's official duties. However, this provision does not apply to a constable who is elected or appointed within five years of having served as a full-time, POST-certified law enforcement officer.  The 128-hour training requirement may be waived if the officer successfully completes a comparable basic law enforcement course within one year of the date of election or appointment. ON APRIL 16, 2025, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1128, AS AMENDED. AMENDMENT #1 removes the provisions of this bill described in the Bill Summary under the title CERTIFICATION OF COMPLIANCE and restores the present law prohibition against a constable exercising any law enforcement powers and authority conferred upon the constable if the constable fails to complete such in-service education r equirements. This amendment also restores the present law penalty for a constable who violates such prohibition commits , which is a Class C misdemeanor, subject to a fine only, with each day of the violation constituting a separate offense.