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House Bill 2471 History
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ENROLLED
H. B. 2471
(By Delegates Modesitt and Faircloth)
[Passed March 13, 1999; in effect from passage.]
AN ACT 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. 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 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 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. A campus police officer
shall have authority to carry a gun and may carry any other
dangerous weapon 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 is the duty of any person so appointed and qualified as
a campus police officer to preserve law and order only upon 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 campus police officer
is a law-enforcement officer 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, has
and may exercise all the powers and authority and is subject to
all the requirements and responsibilities of a law-enforcement
officer: Provided, That the assignment of campus police officers
to the duties authorized by this section 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 campus police officers appointed under provisions of this
section 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 campus police officers shall be paid
by the appropriate governing board. Each state institution may
furnish each campus police
officer with a firearm and an official
uniform to be worn while on duty and shall furnish and require
each 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 campus police officer.
The governing boards may at their pleasure revoke the
authority of any campus police
officer. The president or other
administrative head of the state institution of higher education
shall report the termination of employment of a campus police
officer by filing a notice to that effect in the office of the
clerk of each county in which the campus police
officer's oath of
office was filed
.
§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 campus police
officer or any other officer of the
institution. A crime shall be deemed reported whenever a 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 may in no event be withheld after an arrest
has been made in connection with the crime report.
For purposes of this section, "crime" 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 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 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 includes those
persons employed as
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 subsections (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 as 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 state police, any sheriff, any deputy sheriff, 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 state police 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 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 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 West
Virginia state police.
(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.