H. B. 3222
(By Delegates Fleischauer, Shook, Beach, Moore,
Miley, Marshall, Hrutkay and Longstreth)
[Introduced February 23, 2007; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §7-8-2b, relating to
the creation of transportation officers.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §7-8-2b, to read as
follows:
ARTICLE 8. JAIL AND JAILER.
§7-8-2b. Prisoner transportation officers; authority;
requirements; use of force.
(a) A prisoner transportation officer is an individual
employed by a sheriff, county, municipality or other political
subdivision to transport a prisoner or prisoners.
(b) A prisoner transportation officer has the authority of a
jailer as designated in this article, as well as any additional
authority as specifically delegated or assigned by the respective
sheriff, county, municipality or other political subdivision which
employs the prisoner transportation officer. A transportation officer shall wear a uniform with proper designation, as determined
by the appropriate sheriff, county, municipality or other political
subdivision by whom he or she is employed, sufficient to apprise
the public that the individual is employed as a prisoner
transportation officer.
(c) Each person described in this section as a prisoner
transportation officer shall, prior to the transportation of any
prisoner or undertaking any other duties as a prisoner
transportation officer, have satisfactorily completed the necessary
training specified and required by the sheriff, county,
municipality or other political subdivision to discharge the duties
of a prisoner transportation officer.
(d) Once trained as required in subsection (c), a prisoner
transportation officer may carry firearms and other appropriate
weapons and use reasonable force to establish and maintain custody
of persons delivered to him or her. The prison transportation
officer has a right to carry or possess firearms only while engaged
in the transportation of a prisoner or prisoners.
(e) A prisoner transportation officer is considered a "police
officer" for the purposes of section ten, article two-b, chapter
sixty-one.
NOTE: The purpose of this bill is to establish the position of
prisoner transportation officer, authorized to transport prisoners,
and after training, carry firearms and employ reasonable force
during prisoner transports to maintain custody of prisoners.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.