H. B. 2407
(By Delegates J. Martin, Beane, Mezzatesta, Michael,
Kiss, Border and Faircloth)
[Introduced February 8, 1995; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section six, article seven, chapter
twenty-four-a of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to qualifying
employees of the public service commission as special
law-enforcement officers and to allow them to carry firearms
in the course of their duties.
Be it enacted by the Legislature of West Virginia:
That section six, article seven, chapter twenty-four-a of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 7. COMPLAINTS, DAMAGES AND VIOLATIONS.
§24A-7-6. Duty of prosecuting attorneys and peace officers to
enforce chapter; police powers of inspectors.
It shall be the duty of the department division of public
safety and the sheriffs of the counties in West Virginia to make
arrests and the duty of the prosecuting attorneys of the several counties to prosecute all violations of this chapter and other
chapters pertaining to the regulatory authority of the
commission, and the commission employees designated by it as
motor carrier inspectors shall have all the lawful powers of
peace law-enforcement officers to enforce this chapter and other
chapters pertaining to the regulatory authority of the commission
in any county or city of this state. Notwithstanding the
provisions of article twenty-nine, chapter thirty of this code,
such law-enforcement officers shall be qualified to carry
firearms in the course of their duties after meeting specialized
qualification to be established by the governor's committee on
crime, delinquency and correction. If, in the course of
enforcing the provisions of this chapter, a commission employee
designated by it as an inspector shall have reasonable cause to
believe that a driver has been operating a vehicle regulated by
this chapter in violation of section two, article five, chapter
seventeen-c of this code or section fourteen, article one,
chapter seventeen-e of this code, the inspector may detain the
driver until a member of the division of public safety, a sheriff
or deputy sheriff, or a member of a municipal law-enforcement
agency is summoned to investigate the suspected violation and
determine whether the person should be arrested and a secondary
test of blood, breath or urine should be administered.
NOTE: The purpose of this bill is to clarify and establish
the enforcement powers of commission employees. The bill would
authorize the governor's committee on crime, delinquency and
correction to establish specialized qualifications for carrying
firearms by motor carrier inspectors enforcing the commission's
authority.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.