HB4715 S JUD AM #1
Smith 7883
The Committee on the Judiciary moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
ARTICLE 14. LAW AND ORDER; POLICE FORCE OR DEPARTMENTS; POWERS, AUTHORITY, AND DUTIES OF LAW-ENFORCEMENT OFFICIALS AND POLICEMEN; POLICE MATRONS; SPECIAL SCHOOL ZONE AND PARKING LOT OR PARKING BUILDING POLICE OFFICERS; CIVIL SERVICE FOR CERTAIN POLICE DEPARTMENTS.
§8-14-3. Powers, authority, and duties of law-enforcement officials and policemen.
The chief and any member of
the police force or department of a municipality, and any municipal
sergeant, and any municipal fire marshal shall have all of the powers,
authority, rights, and privileges within the corporate limits of the
municipality with regard to the arrest of persons, the collection of claims,
and the execution and return of any search warrant, warrant of arrest, or other
process, which can legally be exercised or discharged by a deputy sheriff of a
county: Provided, That any municipal fire marshal granted authority
under this section shall have these powers, authority, rights, and privileges
only to the limits described in §8-15-1 of this code. In order to arrest for the violation of municipal ordinances and
as to all matters arising within the corporate limits and coming within the
scope of his or her official duties, the powers of any chief, policeman,
municipal fire marshal, or sergeant shall extend anywhere within the
county or counties in which the municipality is located, and any such
chief, policeman, municipal fire marshal, or sergeant shall have the
same authority of pursuit and arrest beyond his or her normal
jurisdiction as has a sheriff. For an offense committed in his or her
presence, any such officer may arrest the offender without a warrant and take him
the offender before the mayor or police court or municipal court to be
dealt with according to law. He and His or her sureties shall
be are liable to all the fines, penalties, and forfeitures which a deputy
sheriff is liable to, for any failure or dereliction in such office, to be
recovered in the same manner and in the same courts in which such the
fines, penalties, and forfeitures are recovered against a deputy sheriff. In
addition to the mayor, or police court judge or municipal court judge, if any,
of a city, the chief of police of any municipality and in the absence from the
station house of the chief of police the captains of police and lieutenants of
police shall each have authority to administer oaths to complainants and to
issue arrest warrants thereon for all violations of the ordinances of such
the municipality.
It shall be the duty of The mayor and police officers of every municipality
and any municipal sergeant to shall aid in the enforcement of the
criminal laws of the state within the municipality, independently of any
charter provision or any ordinance or lack of an ordinance with respect
thereto, and to cause the arrest of, or arrest, any offender and take him or
her before a magistrate to be dealt with according to the law. Failure on
the part of any such official or officer to discharge any duty imposed by the
provisions of this section shall be deemed is official misconduct
for which he or she may be removed from office. Any such official or
officer shall have has the same authority to execute a warrant
issued by a magistrate, and the same authority to arrest without a warrant for
offenses committed in his or her presence, as a deputy sheriff.
No An officer or member of the police force or
department of a municipality may not aid or assist either party in any
labor trouble or dispute between employer and employee. They shall in such
these cases see that the statutes and laws of this state and municipal
ordinances are enforced in a legal way and manner. Nor shall he or she engage
in off-duty police work for any party engaged in or involved in such the
labor dispute or trouble between employer and employee.
The chief of police shall be charged with the keeping and security of the jail, and at any time that one or more prisoners are being held in the jail, he or she shall require that the jail be attended by a police officer or other responsible person.
ARTICLE 15. FIREFIGHTING; FIRE COMPANIES AND DEPARTMENTS; CIVIL SERVICE FOR PAID FIRE DEPARTMENTS.
PART I. FIRE FIGHTING GENERALLY.
§8-15-1. Power and authority of governing body with respect to fires.
The governing body of every
municipality shall have plenary power and authority to provide for the
prevention and extinguishment of fires and, for this purpose, it may, among
other things, regulate how buildings shall be constructed, procure proper
engines and implements, provide for the organization, equipment, and government
of volunteer fire companies or of a paid fire department, prescribe the powers
and duties of such the companies or department, and of the several
officers, provide for the appointment of officers to have command of
firefighting, prescribe what their powers and duties shall be, and impose on
those who fail or refuse to obey any lawful command of such the officers
any penalty which the governing body is authorized by law to impose for the
violation of an ordinance. It may give authority to any such the officer
or officers to direct the pulling down or destroying of any fence, house,
building, or other thing, if deemed determined necessary to prevent the
spreading of a fire. It may give authority to municipal fire marshals to (1)
arrest any individual disobeying lawful orders at the scene of a fire, (2)
arrest any individual who violates prohibitions against arson and explosives
offenses, malicious burning, obstructing a fire marshal, or failing to obey lawful
orders, (3) arrest without a warrant, if the unlawful conduct occurs in their
presence, and (4) file criminal complaints with the municipal court or other
appropriate judicial officer in order to obtain a warrant for the arrest and
initiate a criminal matter: Provided, That any officer given this
authority shall receive initial and annual training that complies with Law
Enforcement Core Training Standards of the West Virginia State Fire Commission
and the West Virginia State Fire Marshal.
Adopted
Rejected