Senate Bill No. 756
(By Senators Wells, Caruth and Browning)
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[Introduced March 23, 2009; referred to the Committee on
Military; and then to the Committee on Government Organization.]
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A BILL 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.
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;
and
(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;
(2) (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.
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(NOTE: The purpose of this bill is to increase the area
military police, security police and security guards may patrol in
order to safeguard military personnel, equipment and government
assets.
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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