HB 2587 Text

H. B. 2587

(By Mr. Speaker, Mr. Kiss, and Delegates Staton,

Amores, Coleman, Warner, Douglas and Stemple)

[Introduced February 28, 2001 ; referred to the

Committee on the Judiciary.]

A BILL to amend article ten, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section five; and to amend and reenact section six, article seven, chapter sixty-one of said code, all relating to permitting federal law-enforcement officers to assist state, county and municipal law-enforcement officers in enforcing state laws on request or if a felony is committed in the officer's presence, and permitting federal law-enforcement officers to carry weapons off duty.

Be it enacted by the Legislature of West Virginia:

That article ten, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section five; and that section six, article seven, chapter sixty-one of said code be amended and reenacted, all to read as follows:

CHAPTER 15. PUBLIC SAFETY.

ARTICLE 10. COOPERATION BETWEEN LAW-ENFORCEMENT AGENCIES.

§15-10-5. Federal officers' peace-keeping authority.

(a) Notwithstanding any provision of this code to the contrary, any person who is employed by the United States government as a law-enforcement officer as enumerated in subsection (b) of this section, may enforce the laws of this state granted to law-enforcement officers as are defined in section one, article twenty-nine, chapter thirty of this code, except state or local traffic laws or parking ordinances, if:

(1) The federal law-enforcement officer is requested by the head of a law-enforcement agency or designee of the head of the agency, in writing except in emergency situations involving the imminent risk of loss of life or serious bodily injury, to provide temporary assistance and the request is within the state or local law-enforcement agency's scope of authority and jurisdiction;

(2) The federal law-enforcement officer is requested by a state or local law-enforcement officer to provide the officer temporary assistance when the state or local law-enforcement officer is acting in exigent circumstances within the scope of the officer's authority and jurisdiction; or

(3) A felony is committed in the federal law-enforcement officer's presence or under circumstances indicating a crime has been freshly committed.

(b) This section applies to the following persons who are employed as full-time law-enforcement officers by the federal government and who are authorized to carry firearms while performing their duties:

(1) Federal bureau of investigation special agents;

(2) Drug enforcement administration special agents;

(3) United States marshal's service marshals and deputy marshals;

(4) United States postal service inspectors;

(5) Internal revenue service special agents;

(6) United States secret service special agents;

(7) Bureau of alcohol, tobacco, and firearms special agents; and

(8) Police officers empowered under title forty of the United States code, employed pursuant to 40 U.S.C. §§318 and 490 at the federal bureau of investigation's criminal justice information services division facility within the state.

(c) When acting under the authority provided by this section, a person who is employed by the United States government as a law-enforcement officer enumerated in subsection (b) of this section:

(1) Has the same powers and enjoys the same exemptions and exceptions as a West Virginia law-enforcement officer;

(2) Is not an officer, employee, or agent of a state or local law-enforcement agency;

(3) May not initiate or conduct an independent investigation into a violation of West Virginia law except to preserve evidence or testimony at risk of loss immediately following an occurrence described in subdivision (3), subsection (a) of this section;

(4) Is subject to the Federal Tort Claims Act; and

(5) Has the same immunities from liability as a law-enforcement officer as defined in section one, article twenty-nine, chapter thirty of this code.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.

ARTICLE 7. DANGEROUS WEAPONS.

§61-7-6. Exceptions as to prohibitions against carrying concealed deadly weapons.

The licensure provisions set forth in this article do not apply to:

(1) Any person carrying a deadly weapon upon his or her own premises; nor shall anything herein prevent a person from carrying any firearm, unloaded, from the place of purchase to his or her home, residence or place of business or to a place of repair and back to his or her home, residence or place of business, nor shall anything herein prohibit a person from possessing a firearm while hunting in a lawful manner or while traveling from his or her home, residence or place of business to a hunting site and returning to his or her home, residence or place of business;

(2) Any person who is a member of a properly organized target-shooting club authorized by law to obtain firearms by purchase or requisition from this state, or from the United States for the purpose of target practice, from carrying any pistol, as defined in this article, unloaded, from his or her home, residence or place of business to a place of target practice and from any place of target practice back to his or her home, residence or place of business, for using any such weapon at a place of target practice in training and improving his or her skill in the use of the weapons;

(3) Any law-enforcement officer or law-enforcement official as defined in section one, article twenty-nine, chapter thirty of this code;

(4) Any employee of the West Virginia division of corrections duly appointed pursuant to the provisions of section five, article five, chapter twenty-eight of this code while the employee is on duty;

(5) Any member of the armed forces of the United States or the militia of this state while the member is on duty;

(6) Any circuit judge, including any retired circuit judge designated senior status by the supreme court of appeals of West Virginia, prosecuting attorney, assistant prosecuting attorney or a duly appointed investigator employed by a prosecuting attorney;

(7) Any probation officer appointed under the provisions of section five, article twelve, chapter sixty-two of this code;

(8) Any resident of another state who has been issued a license to carry a concealed weapon by a state or a political subdivision which has entered into a reciprocity agreement with this state shall be exempt from the licensing requirements of section four of this article. The governor may execute reciprocity agreements on behalf of the state of West Virginia with states or political subdivisions which have similar gun permitting laws and which recognize and honor West Virginia licenses issued pursuant to section four of this article;

(9) Any federal law-enforcement officer or federal police officer authorized to carry a weapon in the performance of the officer's duty.

NOTE: The purpose of this bill is to permit federal law-enforcement officers, including federal police assigned to the FBI facility at Clarksburg, W.Va., to assist state and local law-enforcement agencies under the W.Va. Law Enforcement Mutual Assistance Act, and to enforce state laws in other limited circumstances. The bill provides the federal law-enforcement officers with the same powers as a state law-enforcement officer, while acting under authority provided in this bill.

§15-10-5 is new; therefore, strike-throughs and underscoring have been omitted.

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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