Senate Bill No. 16
(By Senator Bailey)
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[Introduced February 12, 1997; referred to the
Committee on Military; and then to the Committee on Finance.]
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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 to continue to work as operations and
maintenance security guards after retirement.
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.
(c) (d) For the purposes of this section, the term "military
installation" shall mean a facility under the command of the
adjutant general.
NOTE: The purpose of this bill is to allow retired national
guard members to work as operations and maintenance guards at
national guard armories.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.