An Act to Require Police Departments to Purchase Individual Officer Liability Insurance

WSB/4/7

Sponsored by Crews Yoakum, Mark Hensley, Griggs Robinson of Evangelical Christian School

This legislation was filed in the Safety and Homeland Security category

Presented as part of the YIG Volunteer 2024 conference

1 BE IT ENACTED BY THE TENNESSEE YMCA YOUTH IN GOVERNMENT
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3 Section 1: Terms in this act will be defined as follows:
4 Officer Liability Insurance: Individual claims-made insurance purchased by the police department
5 and carried by an officer. It requires that the department of an officer involved in settlements pay
6 a portion of the damages. The insurance partially covers any incidents involving excessive force or
7 wrongful acts and can cover a portion of damages tied to property damage and bodily injury. This
8 insurance is similar to medical malpractice insurance implemented by hospitals.
9 Claims-Made Policy: Insurance that provides coverage only for incidents that occurred and were
10 reported while the officer is insured with that carrier and department. The incident and filing of the
11 claim must happen while the policy is in effect. Any suits filed later will not be covered without a
12 tail coverage.
13 Insurance Premium: The amount paid for an insurance cover every month. The base rate varies by
14 department, division, and officer experience, status, training, and history. A premium increases at
15 the discretion of the insurance provider when the officer commits or has multiple allegations of
16 misconduct. The department shall cover all officer insurance premiums.
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18 Section 2: This act shall require that all police departments in the state of Tennessee purchase
19 individual Officer Liability Insurance. This insurance shall be a Claims-Made Policy with an
20 insurance premium that directly correlates with officer misconduct and unethical behavior.
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22 Section 3: Following the passage of this act, the general funds allotted for civilian payouts will be
23 redirected towards the departmental purchase of Officer Liability Insurance. By redirecting civilian
24 payouts, insurance companies will now cover damages caused by officer misconduct or behavior.
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26 Section 4: All laws or parts of laws in conflict with this are hereby repealed.
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28 Section 5: This act shall take effect June 1st, 2025.
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