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.