H. B. 2153
(By Delegate Lane)
[Introduced January 16, 2007; referred to the
Committee on Education then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §18-3-3a, relating to
public school campus police officers; providing that the
superintendent of schools employ one trained public school
campus police officer at each public school campus; setting
forth certain qualifications of public school campus police
officers; and limiting the authority of public school campus
police 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 §18-3-3a, to read as
follows:
ARTICLE 3. STATE SUPERINTENDENT OF SCHOOLS.
§18-3-3a. Appointment, authority, qualifications and limitations
of public school campus police officers.
The Legislature finds that in order to meet the needs of
public school students for safe and effective schools, each public
school campus should be staffed with at least one highly trained
and qualified campus police officer with limited authority. In
order to implement a system of campus police officers for each
public school campus, the State Superintendent of Schools shall,
not later than the first day of July, two thousand seven, adopt a
plan for training, employing and placing campus police officers on
every public school campus in this state as follows:
(a) The State Superintendent may appoint bona fide residents
of this state to serve as public school campus police officers upon
any premises owned or leased by the State of West Virginia or its
political subdivisions where public school students are attending
classes, public school sanctioned events are held and when public
school students are being transported by public school buses and
vehicles, subject to the conditions and restrictions established in
this section:
(1) A person with training, education or experience associated
with child development, mental health and social behaviors and
characteristics of school age children;
(2) A person with training in nonlethal submission techniques,
de-escalation of behavior technics and negotiation techniques in
relation to school age children; and,
(3) A person who previously was qualified for employment as a law-enforcement officer for a state agency or political
subdivision of the state is considered certified for appointment as
a public school campus police officer if he or she also possesses
the qualifications set out in (1) and (2) above.
(2) Before performing duties as a public school campus police
officer in any county, a person shall qualify as is required of
county police officers by:
(A) Taking and filing an oath of office as required by article
one, chapter six of this code; and
(B) Posting an official bond as required by article two,
chapter six of this code.
(b) A public school campus police officer may not carry a gun
or any other dangerous weapon while on duty.
(c) It is the duty of a public school campus police officer to
preserve law and order:
(1) On the premises of his or her assigned public school; and
(2) On any street, road or thoroughfare, except controlled
access and open country highways, immediately adjacent to or
passing through premises:
(A) For the purpose of this subsection, the public school
campus police officer is a law-enforcement officer pursuant to the
provisions of section one, article twenty-nine, chapter thirty of
this code.
(B) The public school campus police officer has and may exercise all the powers and authority of a law-enforcement officer
as to offenses committed within the area assigned but only on
public school campuses and facilities or when public school
children are transported on public school vehicles;
(C) The public school campus police officer is subject to all
the requirements and responsibilities of a law-enforcement officer
and is held to a strict standard of professional conduct in dealing
with public school students;
(D) The authority assigned pursuant to this subsection does
not supersede in any way the authority or duty of other
law-enforcement officers to preserve law and order on public school
premises.
(E) At the request of a state, federal or local
law-enforcement officer, a public school campus police officer may
assist a local law-enforcement agency in any public school location
where he or she is assigned.
(d) The salary of a public school campus police officer is
paid by the State Superintendent of Schools and the State
Superintendent of Schools or his or her designee shall employ,
supervise and assign public school campus police officers to each
public school campus in this state.
(e) The State Superintendent of Schools shall provide each
public school campus police officer with an official uniform and
identification and require each officer while on duty, to wear a shield with an appropriate inscription and to carry credentials of
office.
(f) The State Superintendent of Schools may at his or her
discretion revoke the authority of any public school campus police
officer and they serve at the will and pleasure of the State
Superintendent of Schools. The State Superintendent of Schools may
terminate the employment of any public school campus police officer
by written notice to the officer and by filing a copy of the
written notice with the county superintendent of schools.
County boards of education and county superintendents of
schools shall cooperate with the State Superintendent of Schools
and shall participate insofar as is practicable in the
implementation of the provisions of this section.
NOTE: The purpose of this bill is to establish a system of
public school campus police officers under the supervision, control
and jurisdiction of the State Superintendent of Schools.
§18-3-3a
is new; therefore, strike-throughs and underscoring
have been omitted.
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