H. B. 2549


(By Delegate Kallai)
[Introduced February 17, 1995; referred to the
Committee on Roads and Transportation then
Government Organization.]



A BILL to amend article two, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty- four-b, relating to the creation of the division of highway patrol within the division of public safety.

Be it enacted by the Legislature of West Virginia:
That article two, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section twenty-four-b, to read as follows:
ARTICLE 2. DIVISION OF PUBLIC SAFETY.
§15-2-24b. Division of highway patrol.

The superintendent is hereby directed to create and administer the division of highway patrol within the division of public safety on or before the first day of July, one thousand nine hundred ninety-five. The superintendent shall determine among the available personnel and resources within the division, the number of personnel and amount and kind of resources that shall be devoted to staffing and equipping the division of highway patrol. The superintendent is, additionally, authorized to make rules designed to determine which particular service personnel and resources shall be assigned to staff and equip the division of highway patrol as well as other rules involving the transfer of personnel into or out of the division of highway patrol or which are otherwise made in accordance with carrying out the duties as prescribed by this section.
The primary responsibilities of the division of highway patrol shall be the following:
(a) To patrol the roads and highways in this state in order to minimize dangerous activities or conditions existing thereon;
(b) To issue citations for violations of the law involving the use and operation of motor vehicles or other activities involving the use of roads and highways in this state;
(c) To maintain statistical data concerning the number and frequency of motor vehicle accidents on particular state routes or interstate highways, including exact locations of accidents, whether the use of alcohol or any controlled substance was a factor in any such accident, and whether such accident involved serious injury or a fatality or fatalities: Provided, That for the purpose of this section "serious injury" means an injury involving hospitalization of a person for more than three days;
(d) To provide representatives to visit the various elementary, middle, junior high and high schools and provide instructional presentations designed to promote highway safety, responsible driving and discourage the use of alcohol and controlled substances;
(e) To investigate crime that occurs within the presence of any officer assigned to the division of highway patrol that does not involve a violation of law involving the use of an automobile or activity occurring on a road or highway; and
(f) To engage in any other legitimate activity as a law-enforcement officer under the direction of the superintendent.



NOTE: The purpose of this bill is to create the division of highway patrol within the division of public safety. The bill authorizes the superintendent to make rules in order to effectuate the creation and administration of the new highway patrol division while additionally setting forth the responsibilities of the division of highway patrol.

This section is new; therefore, strike-throughs and underscoring have been omitted.