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House Bill 2471 History
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ENGROSSED
H. B. 2471
(By Delegates Modesitt and Faircloth)
[Introduced January 29, 1999; referred to the
Committee on Education.]
A BILL to amend and reenact sections five and five-a, article
four, chapter eighteen-b of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; to amend and
reenact sections one and five, article twenty-nine, chapter
thirty of said code; to amend and reenact section five
hundred one, article five, chapter sixty-a of said code; and
to amend and reenact section four, article three-b, chapter
sixty-one of said code, all relating to renaming security
officers of institutions of higher learning; providing that
security officers are renamed "campus police officers";
empowering campus security officers to enforce the
provisions of the uniform controlled substances act on
campuses; campus police officers to carry firearms;
providing that campus police officers are law enforcement
officers and setting forth definition.
Be it enacted by the Legislature of West Virginia:
That
sections five and five-a, article four, chapter
eighteen-b of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted; that
sections one and five, article twenty-nine, chapter thirty of
said code be amended and reenacted; that section five hundred
one, article five, chapter sixty-a be amended and reenacted; and
that section four, article three-b, chapter sixty-one of said
code be amended and reenacted, all to read as follows:
CHAPTER 18B. HIGHER EDUCATION.
ARTICLE 4. GENERAL ADMINISTRATION.
§18B-4-5. Security officers Campus police officers;
appointment; qualifications; authority;
compensation and removal.
The governing boards are hereby authorized to appoint bona
fide residents of this state to act as security officers campus
police officers upon any premises owned or leased by the state of
West Virginia and under the jurisdiction of the governing boards,
subject to the conditions and restrictions hereinafter imposed.
Before performing duties as a security officer campus police
officer in any county, each person so appointed shall first
qualify therefor in the same manner as is required of county
police officers by the taking and filing of an oath of office as
required by article one, chapter six of this code and by posting
an official bond as required by article two, chapter six of this
code. No A security officer campus police officer shall have authority to shall carry a gun or and may carry any other
dangerous weapon until a license therefor has been obtained in
the manner prescribed by section two, article seven, chapter
sixty-one of this code while on duty if the campus police officer
fulfills the certification requirement for law-enforcement
officers under section five, article twenty-nine, chapter thirty
of this code.
It shall be is the duty of any person so appointed and
qualified as a campus police officer to preserve law and order
only on upon any those premises under the jurisdiction of the
governing boards and on any other street, road or thoroughfare,
except controlled access and open country highways, immediately
adjacent to or passing through such premises, to which the person
may be assigned by the president or other administrative head of
the state institution of higher education. For this purpose the
security officer campus police officer shall be deemed to be is
a law-enforcement officer in accordance with pursuant to the
provisions of section one, article twenty-nine, chapter thirty of
this code and, as to offenses committed within any area so
assigned, have has and may exercise all the powers and authority
and shall be is subject to all the requirements and
responsibilities of a law-enforcement officer: Provided, That
the supervisor of any security officer employed on the effective
date of this section may exempt such officer from any
law-enforcement training required in said article the assignment
of security campus police officers to the duties authorized by this section shall may not be deemed to supersede in any way the
authority or duty of other peace officers to preserve law and
order on such premises. In addition, the security campus police
officers appointed under provisions of this section shall have
authority to assist local peace officers on public highways in
the control of traffic in and around premises owned by the state
of West Virginia whenever such traffic is generated as a result
of athletic or other activities conducted or sponsored by a state
institution of higher education and when such assistance has been
requested by the local peace officers.
The salary of all such security campus police officers shall
be paid by the appropriate governing board. Each state
institution may furnish each such security campus police
officer
with a firearm and an official uniform to be worn while on duty
and shall furnish and require each such officer while on duty to
wear a shield with an appropriate inscription and to carry
credentials certifying to the person's identity and authority as
a security campus police officer.
The governing boards may at their pleasure revoke the
authority of any security campus police
officer. The president
or other administrative head of the state institution of higher
education shall report the termination of employment of a
security campus police
officer by filing a notice to that effect
in the office of the clerk of each county in which the security
campus police
officer's oath of office was filed, and in the case
of a security
officer licensed to carry a gun or other dangerous weapon, by notifying the clerk of the circuit court of the county
in which the license therefor was granted.
§18B-4-5a. Crimes committed on campus of institutions of higher
education.
The president or a designee of each institution of higher
education in this state shall on a regular and timely basis
provide information to the public concerning alleged crimes
occurring on the institution's property which have been reported
to a security campus police
officer or any other officer of the
institution. A crime shall be deemed reported whenever a
security campus police
officer or other officer of the
institution determines that the report is credible, when the
report is submitted in writing and attested to by the victim on
such forms as shall be made available by the institution for such
purpose, or when the institution is notified by a law-enforcement
agency of the reporting of a crime alleged to have occurred on
the institution's property.
Such reports shall be referred within twenty-four hours to
the appropriate law-enforcement agencies, as defined in section
one, article twenty-nine, chapter thirty of this code, for
further investigation. The information required to be made
available to the public regarding the crime report shall be so
available within ten days of the report and shall include the
nature of the criminal offense, the date of the offense, the
general location of the offense (such as a designation of a specific building or area of the campus) and the time of day when
the offense occurred: Provided, That this requirement shall not
be construed to require the release of any information which may
disclose the identity of the victim: Provided, however, That the
institution shall withhold the information required to be made
available to the public for a longer period upon certification of
investigative need that the information be withheld from the
public, such certification to be filed by an officer of one of
the investigating law-enforcement agencies with the president of
the institution or the designee to whom the duties required by
this section have been delegated: Provided further, That the
required information shall may in no event be withheld after an
arrest has been made in connection with the crime report.
For purposes of this section, "crime" shall be is defined as
those offenses required to be reported under the federal Crime
Awareness and Campus Security Act of 1990, as amended, and under
section eight-a, article one of this chapter, and shall include
includes murder, rape, robbery, aggravated assault, burglary,
motor vehicle theft and arrests for liquor, drug or weapons laws
violations.
The governing boards shall provide crime reporting forms and
promulgate such legislative rules rule pursuant to the provisions
of article three-a, chapter twenty-nine-a of this code as are
necessary for the implementation of this section. Such forms and
rules shall be provided by the central office to other institutions of higher education in this state to assist them
with the implementation of this section.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
ARTICLE 29. LAW-ENFORCEMENT TRAINING AND CERTIFICATION.
§30-29-1. Definitions.
For the purposes of this article, unless a different meaning
clearly appears in the context:
"Approved law-enforcement training academy" means any
training facility which is approved and authorized to conduct
law-enforcement training as provided in this article;
"Chief executive" means the superintendent of the state
police; the chief conservation officer of the division of natural
resources; the sheriff of any West Virginia county; any
administrative deputy appointed by the chief conservation officer
of natural resources; or the chief of any West Virginia municipal
law-enforcement agency;
"County" means the fifty-five major political subdivisions
of the state;
"Exempt rank" means any noncommissioned or commissioned rank
of sergeant or above;
"Governor's committee on crime, delinquency and correction"
or "governor's committee" means the governor's committee on
crime, delinquency and correction established as a state planning
agency pursuant to section one, article nine, chapter fifteen of
this code;
"Law-enforcement officer" means any duly authorized member
of a law-enforcement agency who is authorized to maintain public
peace and order, prevent and detect crime, make arrests and
enforce the laws of the state or any county or municipality
thereof, other than parking ordinances, and shall include
includes those persons employed as security
campus police
officers at state institutions of higher education in accordance
with the provisions of section five, article four, chapter
eighteen-b of this code, although those institutions may not be
considered law-enforcement agencies. The term also includes
those persons employed as rangers by the Hatfield-McCoy regional
recreation authority in accordance with the provisions of section
six, article fourteen, chapter twenty of this code, although the
authority may not be considered a law-enforcement agency:
Provided, That the subject rangers shall pay the tuition and
costs of training. As used in this article, the term
"law-enforcement officer" does not apply to the chief executive
of any West Virginia law-enforcement agency or any watchman or
special conservation officer;
"Law-enforcement official" means the duly appointed chief
administrator of a designated law-enforcement agency or a duly
authorized designee;
"Municipality" means any incorporated town or city whose
boundaries lie within the geographic boundaries of the state;
"Subcommittee" or "law-enforcement training subcommittee"
means the subcommittee of the governor's committee on crime, delinquency and correction created by section two of this
article; and
"West Virginia law-enforcement agency" means any duly
authorized state, county or municipal organization employing one
or more persons whose responsibility is the enforcement of laws
of the state or any county or municipality thereof: Provided,
That neither the Hatfield-McCoy regional recreation authority
nor any state institution of higher education may be deemed a
law-enforcement agency.
§30-29-5. Certification requirements.
(a) Except as provided in subsections (b) and (g) below, no
person may be employed as a law-enforcement officer by any West
Virginia law-enforcement agency or by any state institution of
higher education on or after the effective date of this article
unless the person is certified, or is certifiable in one of the
manners specified in subsection (c) through (e) below, by the
governor's committee as having met the minimum entry level law- enforcement qualification and training program requirements
promulgated pursuant to this article.
(b) Except as provided in subsection (g) below, a person who
is not certified, or certifiable in one of the manners specified
in subsections (c) through (e) below, may be conditionally
employed as a law-enforcement officer until certified: Provided,
That, within ninety calendar days of the commencement of
employment or the effective date of this article if the person is already employed on the effective date, he or she makes a written
application to attend an approved law-enforcement training
academy. The academy shall notify the applicant in writing of
the receipt of the application and of the tentative date of the
applicant's enrollment. Any applicant who, as the result of
extenuating circumstances acceptable to his or her law- enforcement official, is unable to attend the scheduled training
program to which he or she was admitted may reapply and shall be
admitted to the next regularly scheduled training program. An
applicant who satisfactorily completes the program shall, within
thirty days of completion, make written application to the
governor's committee requesting certification as having met the
minimum entry level law-enforcement qualification and training
program requirements. Upon determining that an applicant has met
the requirements for certification, the governor's committee
shall forward to the applicant documentation of certification.
An applicant who fails to complete the training program to which
he or she is first admitted, or was admitted upon reapplication,
may not be certified by the governor's committee.
(c) Any person who is employed as a law-enforcement officer
on the effective date of this article and is a graduate of the
West Virginia basic police training course, the West Virginia
department of public safety cadet training program, or other
approved law-enforcement training academy, is certifiable as
having met the minimum entry law-enforcement training program
requirements and is exempt from the requirement of attending a law-enforcement training academy. To receive certification, the
person shall make written application within ninety calendar days
of the effective date of this article to the governor's committee
requesting certification. The governor's committee shall review
the applicant's relevant scholastic records and, upon determining
that the applicant has met the requirements for certification,
shall forward to the applicant documentation of certification.
(d) Any person who is employed as a law-enforcement officer
on the effective date of this article and is not a graduate of
the West Virginia basic police training course, the West Virginia
department of public safety cadet training program, or other
approved law-enforcement training academy, is certifiable as
having met the minimum entry level law-enforcement training
program requirements and is exempt from the requirement of
attending a law-enforcement training academy if the person has
been employed as a law-enforcement officer for a period of not
less than five consecutive years immediately preceding the date
of application for certification. To receive certification, the
person shall make written application within ninety calendar days
following the effective date of this article to the governor's
committee requesting certification. The application shall
include notarized statements as to the applicant's years of
employment as a law-enforcement officer. The governor's
committee shall review the application and, upon determining that
the applicant has met the requirements for certification, shall
forward to the applicant documentation of certification.
(e) Any person who begins employment on or after the
effective date of this article as a law-enforcement officer is
certifiable has having met the minimum entry level law- enforcement training program requirements and is exempt from
attending a law-enforcement training academy if the person has
satisfactorily completed a course of instruction in law
enforcement equivalent to or exceeding the minimum applicable
law-enforcement training curricula promulgated by the governor's
committee. To receive certification, the person shall make
written application within ninety calendar days following the
commencement of employment to the governor's committee requesting
certification. The application shall include a notarized
statement of the applicant's satisfactory completion of the
course of instruction in law enforcement, a notarized transcript
of the applicant's relevant scholastic records, and a notarized
copy of the curriculum of the completed course of instruction.
The governor's committee shall review the application and, if it
finds the applicant has met the requirements for certification
shall forward to the applicant documentation of certification.
(f) Any person who is employed as a law-enforcement officer
on or after the effective date of this article and fails to be
certified shall be automatically terminated and no further
emoluments shall be paid to such officer by his employer. Any
person terminated shall be entitled to reapply, as a private
citizen, to the subcommittee for training and certification, and
upon being certified may again be employed as a law-enforcement officer in this state.
(g) Nothing in this article may be construed as prohibiting
any governing body, civil service commission or chief executive
of any West Virginia law-enforcement agency from requiring their
law-enforcement officers to meet qualifications and
satisfactorily complete a course of law-enforcement instruction
which exceeds the minimum entry level law-enforcement
qualification and training curricula promulgated by the
governor's committee.
(h) The requirement of this section for qualification,
training and certification of law-enforcement officers shall not
be mandatory during the two years next succeeding the effective
date of this article for the law-enforcement officers of a law- enforcement agency which employs a civil service system for its
law-enforcement personnel, nor shall such provisions be mandatory
during the five years next succeeding the effective date of this
article for law-enforcement officers of a law-enforcement agency
which does not employ a civil service system for its law- enforcement personnel: Provided, That such requirements shall be
mandatory for all such law-enforcement officers until their law- enforcement officials apply for their exemption by submitting a
written plan to the governor's committee which will reasonably
assure compliance of all law-enforcement officers of their
agencies within the applicable two or five-year period of
exemption.
(i) Any person aggrieved by a decision of the governor's committee made pursuant to this article may contest such decision
in accordance with the provisions of article five, chapter
twenty-nine-a of this code.
CHAPTER 60A. UNIFORM CONTROLLED SUBSTANCES ACT.
ARTICLE 5. ENFORCEMENT AND ADMINISTRATIVE PROVISIONS.
§60A-5-501. Powers of enforcement personnel.
(a) Any member of the department of public safety, any
sheriff, any deputy sheriff, and any municipal police officer and
any campus police officer may in the enforcement of the
provisions of this act:
(1) Carry firearms;
(2) Execute and serve search warrants, arrest warrants,
subpoenas, and summonses issued under the authority of this
state;
(3) Make arrests without warrant for any offense under this
act committed in his presence, or if he has probable cause to
believe that the person to be arrested has committed or is
committing a violation of this act which may constitute a felony;
(4) Make seizures of property pursuant to this act; or
(5) Perform such other law-enforcement duties as said state
board of pharmacy or said appropriate department, board or
agency, as specified in section 301, designates.
(b) All officers, agents, inspectors, and representatives of
the said state board of pharmacy and of the said appropriate
department, board, or agency, as specified in section 301, and members of the department of public safety may execute and serve
administrative warrants issued incident to the enforcement of the
provisions of this act. Any such officer, agent, inspector, and
representative of the said state board of pharmacy and of the
said appropriate department, board, or agency, as specified in
said section 301, may:
(1) Execute and serve subpoenas and summonses issued under
the authority of this state;
(2) Make arrests without warrant for any offense under this
act committed in his presence, or if he has probable cause to
believe that the person to be arrested has committed or is
committing a violation of this act which may constitute a felony;
or
(3) Make seizures of property pursuant to this act.
(c) All prosecuting attorneys and the attorney general, or
any of their assistants, shall assist in the enforcement of all
provisions of this act and shall cooperate with all agencies
charged with the enforcement of the laws of the United States, of
this state, and of all other states relating to controlled
substances.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
ARTICLE 3B. TRESPASS.
§61-3B-4. Trespass on student residence premises or student
facility premises of an institution of higher education.
(a) For the purposes of this section:
(1) "Residence hall" means housing or a unit of housing
provided primarily for students as a temporary or permanent
dwelling place or abode and owned, operated or controlled by an
institution of higher education.
(2) "Student facility" means a facility owned, operated or
controlled by an institution of higher education at which
alcoholic liquor or nonintoxicating beer is purchased, sold or
served to students enrolled at such institution, but shall does
not include facilities at which athletic events are regularly
scheduled and an admission fee is generally charged.
(3) "Institution of higher education" means any state
university, state college or state community college under the
control, supervision and management of the West Virginia board of
trustees or West Virginia board of directors, or any other
university, college or institution of higher education in the
state subject to rules for accreditation under the provisions of
section seven, article four, chapter eighteen-b of this code.
(4) "Person authorized to have access to a residence hall or
student facility" means:
(A) A student who resides or dwells in the residence hall;
or
(B) An invited guest of a student who resides or dwells in
the residence hall; or
(C) A parent, guardian or person who has legal custody of a
student who resides or dwells in the residence hall; or
(D) An employee of the institution of higher education who is required by such employment by such institution to be in the
residence hall or student facility and who is acting within the
scope of his or her employment; or
(E) A delivery person, repair person or other such person
who is not an employee of the institution of higher education but
who nonetheless has a legitimate commercial reason to be in the
residence hall or student facility and who is acting pursuant to
such legitimate commercial reason.
(b) If a person authorized to have access to a residence
hall or a student facility enters such residence hall or student
facility and by such presence or acts interferes with the
peaceful or orderly operation of such residence hall or student
facility, such person may be asked to leave such residence hall
or student facility. If a person not authorized to have access
to a residence hall or student facility enters such a residence
hall or student facility, that person may be asked to leave such
residence hall or student facility notwithstanding the fact that
he or she has not interfered with the peaceful or orderly
operation of such residence hall or student facility or otherwise
committed a breach of the peace or violated any statute or
ordinance. Such request to leave may be made by the president or
other administrative head of the institution of higher education,
an employee designated by the president to maintain order in the
residence hall or student facility, a security campus police
officer appointed pursuant to the provisions of section five,
article four, chapter eighteen-b of this code, or a municipal police officer, a sheriff or deputy sheriff, or a member of the
department of public safety.
(c) It shall be unlawful for a person to remain in a
residence hall or student facility after being asked to leave as
provided for in subsection (b) of this section.
(d) Any person who violates the provisions of subsection (c)
of this section shall be guilty of a misdemeanor, and, upon
conviction thereof, shall be fined fifteen dollars. For any
second or subsequent conviction for a violation occurring within
one year after a previous violation for similar conduct, such
person shall be fined an amount not to exceed one hundred
dollars.
(e) This section shall not be construed to be in derogation
of the common law, nor shall the provisions of this section
contravene or infringe upon existing statutes related to the same
subject.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.