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Introduced Version House Bill 3222 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 3222


(By Delegates Fleischauer, Shook, Beach, Moore,

Miley, Marshall, Hrutkay and Longstreth)


[Introduced January 9, 2008; 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.
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