COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 164
(By Senators Bailey, Kimble, Walker and Wooton)
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[Originating in the Committee on Military;
reported February 1, 1995.]
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A BILL to amend and reenact section twenty-two, article one-b,
chapter fifteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to allowing
national guard members after retirement to continue to work
as operations and maintenance security guards.
Be it enacted by the Legislature of West Virginia:
That section twenty-two, article one-b, chapter fifteen of
the code of West Virginia, one thousand nine hundred thirty-one,
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 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 a military installation in
this state.
(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) Notwithstanding any provisions of this code to
the contrary, bona fide members of the West Virginia
national guard assigned by the adjutant general to serve
as operations and maintenance security guards at military
installations of the state may elect to be transferred to
the state retired list and continue their employment as
operations and maintenance security guards at state
military installations.
(d) For the purposes of this section, the term
"military installation" shall mean a facility under the
command of the adjutant general.