WEST virginia legislature

2019 regular session

Introduced

House Bill 2645

By Delegates R. Thompson and Hicks

[Introduced January 24, 2019; Referred
to the Committee on Industry and Labor then the Judiciary.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated as §62-10-9a, relating to power of security guards to arrest individuals.

Be it enacted by the Legislature of West Virginia:

ARTICLE 10. PREVENTION OF CRIME.

§62-10-9a. Power and authority of security guards regarding arrests.

(a) A licensed security guard employed to provide service to a business, is hereby authorized and empowered to make arrests on the property which the guard is employed to protect, without warrant, for violations of any of the criminal laws of the United States, or of this state, when the violation is committed or is in the process of being committed in the presence of the security guard.

(b) In carrying out an arrest, the guard shall promptly:

(1) Advise the arrested person that he or she is under arrest, the reason for the arrest, and the guard’s authority for the arrest; and

(2) Call appropriate law-enforcement to take charge of the person arrested.

NOTE: The purpose of this bill is to provide arrest authority for security guards on the property the guard is employed to protect.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.