ENROLLED
Senate Bill No. 756
(By Senators Wells, Caruth and Browning)
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[Passed April 11, 2009; in effect ninety days from passage.]
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AN ACT to amend and reenact §15-1B-22 of the Code of West Virginia,
1931, as amended, relating to military facilities; security
guards' qualifications, duties and powers; and authorizing
National Guard firefighters to respond to accidents or
emergencies in areas adjacent to military facilities.
Be it enacted by the Legislature of West Virginia:
That §15-1B-22 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1B. NATIONAL GUARD.
§15-1B-22. Military facilities; security guards; qualifications;
duties; powers.
(a) Notwithstanding any provision of this code to the
contrary, bona fide members of the West Virginia National Guard
assigned by the Adjutant General to function as security guards to
safeguard military property of the state or of the United States who have successfully completed a training program in law
enforcement approved by the Adjutant General and the Superintendent
of the West Virginia Department of Public Safety shall be deemed to
have met all the requirements for certification as a law-
enforcement officer set forth in section five, article twenty-nine,
chapter thirty of this code. Those members of the West Virginia
National Guard who are so designated as security guards and who
have successfully completed such training program are hereby
empowered:
(1) To make arrests on military installations of the state or
of the United States for any violations of the law of this state or
of the United States occurring on any such military installation;
(2) To patrol areas immediately adjacent to military
installations to provide for its security and to safeguard military
personnel, equipment and other government assets located on said
installation:
Provided, That nothing in this subparagraph shall
confer upon security guards the right to enter upon private
property.
(3) To cooperate with state and local authorities in detecting
and apprehending any person or persons engaged in or suspected of
the commission of any crime, misdemeanor or offense against the law
of this state or of the United States, or of any ordinance of any
municipality of this state, if such is committed or attempted to be
committed on or adjacent to a military installation in this state; and
(4) To respond to areas adjacent to military facilities and
installations at the request of state and local authorities to
provide support and mutual aid in the event of accidents, emergency
or otherwise.
(b) Any security guard, duly appointed by the Adjutant
General, knowing or having reasonable cause to believe that a
person has violated the law while situate on a military
installation, may make complaint in writing before any court or
officer having jurisdiction and procure a warrant for such person.
(c) For the purposes of this section, the term "military
installation" shall mean a facility under the command of the
Adjutant General.
(d) Notwithstanding any provision of this code to the
contrary, bona fide members of the West Virginia National Guard
assigned by the Adjutant General to function as firefighters to
safeguard military property of the state or of the United States
are hereby empowered to respond to areas adjacent to military
facilities and installations at the request of state and local
authorities to provide support and mutual aid in the event of
accidents, emergency or otherwise.
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