H. B. 3161
(By Delegates Eldridge, Webster,
Shook, Ross, Porter and Caputo)
[Introduced March 16, 2009; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §15-2D-3 of the Code of West Virginia,
1931, as amended, relating to duties and powers of the
Director and officers of the Division of Protective Services;
and providing that the officers of the Division of Protective
Services have the same powers of arrest and law enforcement as
members of the West Virginia State Police.
Be it enacted by the Legislature of West Virginia:
That §15-2D-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2D. DIVISION OF PROTECTIVE SERVICES.
§15-2D-3. Duties and powers of the director and officers.
(a) The director is responsible for the control and
supervision of the division. The director and any officer of the
division specified by the director may carry designated weapons and
have the same powers of arrest and law enforcement in Kanawha County as members of the West Virginia State Police as set forth in
subsections (b) and (d), section twelve, article two of this
chapter.
(b) Any officer of the division shall be certified as a
law-enforcement officer by the Governor's Committee on Crime,
Delinquency and Correction or may be conditionally employed as a
law-enforcement officer until certified in accordance with the
provisions of section five, article twenty-nine, chapter thirty of
the Code of West Virginia, 1931, as amended.
(c) The director may:
(1) Employ necessary personnel, all of whom shall be
classified exempt, assign them the duties necessary for the
efficient management and operation of the division, and specify
members who may carry, without license, weapons designated by the
director;
(2) Contract for security and other services;
(3) Purchase equipment as necessary to maintain security at
the capitol complex and other state facilities as may be determined
by the secretary of the Department of Military Affairs and Public
Safety;
(4) Establish and provide standard uniforms, arms, weapons and
other enforcement equipment authorized for use by members of the
division and shall provide for the periodic inspection of the
uniforms and equipment. All uniforms, arms, weapons and other property furnished to members of the division by the State of West
Virginia is and remains the property of the state;
(5) Appoint security officers to provide security on premises
owned or leased by the State of West Virginia;
(6) Upon request by the Superintendent of the West Virginia
State Police, provide security for the Speaker of the West Virginia
House of Delegates, the President of the West Virginia Senate, the
Governor, or a Justice of the West Virginia Supreme Court of
Appeals;
(7) Gather information from a broad base of employees at and
visitors to the capitol complex to determine their security needs
and develop a comprehensive plan to maintain and improve security
at the capitol complex based upon those needs; and
(8) Assess safety and security needs and make recommendations
for safety and security at any proposed or existing state facility
as determined by the secretary of the Department of Military
Affairs and Public Safety, upon request of the secretary of the
department to which the facility is or will be assigned.
(d) The director shall:
(1) On or before July 1, 1999, propose legislative rules for
promulgation in accordance with the provisions of article three,
chapter twenty-nine-a of this code. The rules shall, at a minimum
establish ranks and the duties of officers within the membership of
the division.
(2) On or before July 1, 1999, enter into an interagency
agreement with the secretary of the Department of Military Affairs
and Public Safety and the secretary of the Department of
Administration, which delineates their respective rights and
authorities under any contracts or subcontracts for security
personnel. A copy of the interagency agreement shall be delivered
to the Governor, the President of the West Virginia Senate and the
Speaker of the West Virginia House of Delegates, and a copy shall
be filed in the office of the Secretary of State and shall be a
public record.
(3) Deliver a monthly status report to the Speaker of the West
Virginia House of Delegates and the President of the West Virginia
Senate.
NOTE: The purpose of this bill is to provide that the officers
of the Division of Protective Services have the same powers of
arrest and law enforcement as members of the West Virginia State
Police.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.