Senate Bill No. 479

(By Senator Buckalew)

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[Introduced February 20, 1995; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact section three, article ten, chapter
fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to cooperation between law-enforcement agencies; and defining federal government law-enforcement officers as peace officers for the purpose of enforcing laws in this state.

Be it enacted by the Legislature of West Virginia:
That section three, article ten, 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 10. COOPERATION BETWEEN LAW-ENFORCEMENT AGENCIES.
§15-10-3. Definitions.
In this article, unless a different meaning plainly is required:
(1) "Criminal justice enforcement personnel" means those persons within the state criminal justice system who are actually employed as members of the division of public safety, state conservation officers, chiefs of police and police of incorporated municipalities, and county sheriffs and their deputies, and whose primary duties are the investigation of crime and the apprehension of criminals.
(2) "Head of a law-enforcement agency" means the superintendent of the division of public safety, the chief conservation officer of the division of natural resources, a chief of police of an incorporated municipality or a county sheriff.
(3) Notwithstanding any other provision of this code to the contrary, persons who are employed by the federal government as full-time law-enforcement or investigative officers with authority to arrest and who are residents of this state, or who are on temporary assignment in this state, may enforce the laws of this state or any county or municipality therein.





NOTE: The purpose of this bill is to define federal government law-enforcement officers as peace officers for the purpose of enforcing laws in this state.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.