Sec. 7. (a) Notwithstanding any other law and except as provided in section 8 of this chapter, a law enforcement officer has all police powers necessary to enforce the laws of the state for the regulation and use of vehicles on the private roads within the subdivision governed by the homeowners association. However, with the exception of the maximum speed limit and stop requirements established by the board of the homeowners association under sections 5 and 6 of this chapter, a law enforcement officer may not enforce other rules or requirements established by the homeowners association.
(b) Subject to subsections (c) and (d), the homeowners association may enter into an agreement with or employ an off duty law enforcement officer to enforce the laws of the state for the regulation and use of a vehicle as described in subsection (a). The law enforcement officer must wear a distinctive uniform or must operate a motor vehicle that is clearly marked as a police vehicle when exercising the officer's authority under this chapter.
(c) The homeowner's association must submit proof of the appropriate liability insurance with each applicable sheriff and chief of police prior to entering into an agreement with or employing an off duty law enforcement officer. The proof of insurance shall be resubmitted upon renewal of the liability insurance.
(d) If a homeowners association enters into an agreement with or employs a law enforcement officer under subsection (b), the homeowners association must agree to indemnify and hold harmless the law enforcement officer, the state, the applicable political subdivisions, and the law enforcement agency that employs the law enforcement officer and their officers, agents, and employees from all claims and liability arising from actions of the law enforcement officer acting within the law enforcement officer's scope of employment with the homeowners association. However, the homeowners association is not subject to the indemnification requirements for willful or wanton misconduct by the law enforcement officer. Indemnification does not apply to a law enforcement officer acting within the scope of the law enforcement officer's scope of employment with the law enforcement agency that employs the law enforcement officer.
(e) Subsection (d) may not be construed to prohibit a law enforcement agency's ability to regulate the off duty employment of a law enforcement officer employed by the law enforcement agency or otherwise approve or deny off duty employment of a law enforcement officer described in subsection (b).
As added by P.L.54-2026, SEC.3.
