H. B. 2003
(By Delegate Marshall)
[Introduced February 11, 2009; referred to the
Committee on Political Subdivisions then the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated
§8-15-10c,
relating
to authorizing paid municipal fire departments to investigate
suspicious or illegal fires set or existing in or around
public rights-of-way or otherwise within a municipality and to
gather evidence at scenes of the suspicious or illegal fires.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated
§8-15-10c,
to read as
follows:
ARTICLE 15. FIRE FIGHTING; FIRE COMPANIES AND DEPARTMENTS; CIVIL
SERVICE FOR PAID FIRE DEPARTMENTS.
§8-15-10c. Firefighters authorized to gather evidence and
investigate.
Notwithstanding any provision of law to the contrary,
a paid fire department is authorized to investigate any suspicious or
illegal fire in or around any public right-of-way or otherwise
within a municipality, including gathering evidence at the scene,
securing the scene, obtaining statements from witnesses and taking
all other reasonably necessary measures intended to result in the
prosecution of any person or persons criminally responsible for
setting, starting or contributing to such a fire: Provided, That
a paid fire department acting under the authority of this section
shall fully cooperate and coordinate with any municipal, county,
state or federal law-enforcement agency that later is assigned
responsibility for investigating any such fire, and shall defer to
the authority of that agency upon being requested to do so.
NOTE:
The purpose of this bill is to
authorize paid municipal
fire departments to investigate suspicious or illegal fires and to
gather evidence at scenes of suspicious or illegal fires set or
existing in or around public rights-of-way or otherwise within a
municipality.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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