H. B. 2528
(By Delegates Beach and Oliverio)
(Introduced March 10, 1993; referred to the
Committee on Political Subdivisions.)
A BILL to amend and reenact section eleven, article six, chapter
sixty-one of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to allowing
municipalities to hire nonresidents as police officers if
the nonresident lives within ten miles of the municipality.
Be it enacted by the Legislature of West Virginia:
That section eleven, article six, chapter sixty-one of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 6. CRIMES AGAINST THE PEACE.
§61-6-11. Employment of nonresidents as police; penalties.
It shall be unlawful for any officer in this state to
knowingly engage or employ any person not a bona fide resident of
West Virginia, at the time of such employment, to do or perform
any police duty of any sort therein, or in any way to aid or
assist in the execution of the laws of this state.:
Provided
,
That if a municipality in this state deems it necessary, it may
employ a person, who is not a bona fide resident of West
Virginia, but who resides within ten miles of the municipality,to perform any police duty of any sort therein, or to aid or
assist in the execution of the laws of this state.
It shall be unlawful for any corporation, company, firm or
person, under any circumstances, to knowingly engage or employ
any person not a bona fide resident of this state, at the time of
such employment, to do or perform police duty of any sort
therein, or in any way to aid or assist in the execution of the
laws of this state.
It Except as provided for in this section, it shall be
unlawful for any person, not a bona fide resident of this state,
as aforesaid, to do or perform, or to attempt to do or perform,
any sort of police duty in this state, or, in any way, to aid or
assist, or attempt to aid or assist, in the execution of the laws
thereof. Any officer, corporation, company, firm or person,
violating any of the provisions of this or either of the two
preceding paragraphs shall be guilty of a misdemeanor, and, upon
conviction thereof, shall be fined not less than five hundred nor
more than five thousand dollars, and may, at the discretion of
the court, be imprisoned in the county jail in the county in
which the offense is committed not exceeding twelve months.
All persons violating any of the provisions of the third
paragraph of this section shall be taken and deemed to be rioters
and shall be proceeded against in all respects as such, as
provided for in sections one, two, three, four, five and six of
this article. If any person be killed by one or more rioters
engaged with him at the time of such riot, such rioter or rioters
shall be guilty of murder and punished as provided by law in
other cases of murder:
Provided,
That nothing in this sectionshall be so construed as to interfere with the right and duty of
the governor to call upon the president of the United States for
aid in the enforcement of the laws, in cases provided for in the
constitution.
NOTE: The purpose of this bill is to allow municipalities
to employ a person, not a resident of West Virginia, as a police
officer, if that person resides within ten miles of the hiring
municipality.
Strike-throughs indicate language that would be striken from
the present law, and underscoring indicates new language that
would be added.
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