COMMITTEE SUBSTITUTE
FOR
H. B. 2189
(By Delegates Ellem and Amores)
(Originating in the House Committee on Political Subdivisions)
[February 23, 2005]
A BILL to amend and reenact §15-10-4 of the code of West Virginia
, 1931, as amended, relating to authorizing law-enforcement
officials to deputize law-enforcement personnel employed by
out-of-state jurisdictions; and conditions.
Be it enacted by the Legislature of West Virginia:
That §15-10-4 of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted to read as
follows:
ARTICLE 10. COOPERATION BETWEEN LAW-ENFORCEMENT AGENCIES.
§15-10-4. Cooperation between law-enforcement agencies and other
groups of state or local law-enforcement officers.
(a) The head of any law-enforcement agency, the head of any
campus police or the head of the rangers of the Hatfield-McCoy
regional recreational authority, as those terms are defined in section three of this article, may temporarily provide assistance
and cooperation to another agency of the state criminal justice
system, or of another state's criminal justice system, or to a
federal law-enforcement agency in investigating crimes or possible
criminal activity if requested to do so in writing by the head of
another law-enforcement agency or federal law-enforcement agency.
Such assistance may also be provided upon the request of the head
of the law-enforcement agency or federal law-enforcement agency
without first being reduced to writing in emergency situations
involving the imminent risk of loss of life or serious bodily
injury. The assistance may include, but is not limited to,
entering into a multijurisdictional task force agreement to
integrate federal, other state, in-state, county and municipal
law-enforcement agencies or other groups of state or local
law-enforcement officers, or any combination thereof, for the
purpose of enhancing interagency coordination, intelligence
gathering, facilitating multijurisdictional investigations,
providing criminal justice enforcement personnel of the
law-enforcement agency to work temporarily with personnel of
another agency, including in an undercover capacity, and making
available equipment, training, technical assistance and information
systems for the more efficient investigation, apprehension and
adjudication of persons who violate the criminal laws of this
state, another state or the United States, and to assist the victims of such crimes. The head of a West Virginia law-
enforcement agency, which is a member of a multijurisdictional task
force, comprised of law-enforcement agencies from both within and
without this state and governed by a written agreement, may
deputize law-enforcement personnel employed by out-of-state law-
enforcement agencies so long as (1) the out-of-state law
enforcement agency is willing to permit the West Virginia law-
enforcement agency to deputize its law-enforcement personnel; (2)
the duties of the out-of-state law enforcement personnel will be
limited to activities of the multijurisdictional task force; (3)
the head of the West Virginia law-enforcement agency gives notice
to the Governor's Committee on Law Enforcement Training that out-
of-state law-enforcement personnel have been deputized; and (4) the
out-of-state law-enforcement personnel are covered by the West
Virginia law-enforcement agency's performance bond. When providing
the assistance under the provisions of this article, a head of a
law-enforcement agency shall comply with all applicable statutes,
ordinances, rules, policies or guidelines officially adopted by the
state or the governing body of the city or county by which he or
she is employed, and any conditions or restrictions included
therein.
(b) While temporarily assigned to work with another
law-enforcement agency or agencies, criminal justice enforcement
personnel and other state and local law-enforcement officers shall have the same jurisdiction, powers, privileges and immunities,
including those relating to the defense of civil actions, as such
criminal justice enforcement personnel would enjoy if actually
employed by the agency to which they are assigned, in addition to
any corresponding or varying jurisdiction, powers, privileges and
immunities conferred by virtue of their continued employment with
the assisting agency.
(c) While assigned to another agency or to a
multijurisdictional task force, criminal justice enforcement
personnel and other state and local law-enforcement officers shall
be subject to the lawful operational commands of the superior
officers of the agency or task force to which they are assigned,
but for personnel and administrative purposes, including
compensation, they shall remain under the control of the assisting
agency. These assigned personnel shall continue to be covered by
all employee rights and benefits provided by the assisting agency,
including workers' compensation, to the same extent as though such
personnel were functioning within the normal scope of their duties.
(d) No request or agreement between the heads of
law-enforcement agencies, the heads of campus police or the head of
the rangers of the Hatfield-McCoy regional recreation authority,
made or entered into pursuant to the provisions of this article
shall remain in force and effect for a period of more than twelve
months unless renewed in writing by the parties thereto nor shall any request or agreement made or entered into pursuant to the
provisions of this article have force or effect until a copy of
said request or agreement is filed with the office of the circuit
clerk of the county or counties in which the law-enforcement
agencies, the campus police, or the Hatfield-McCoy regional
recreation authority rangers involved operate. Upon filing, the
requests or agreements may be sealed, subject to disclosure
pursuant to an order of a circuit court directing disclosure for
good cause. Nothing in this article shall be construed to limit
the authority of the head of a law-enforcement agency, the head of
campus police or the head of the rangers of the Hatfield-McCoy
regional recreation authority to withdraw from any agreement at any
time.
(e) Nothing contained in this article shall be construed so as
to grant, increase, decrease or in any manner affect the civil
service protection or the applicability of civil service laws as to
any criminal justice enforcement personnel, or as to any state or
local law-enforcement officer or agency operating under the
authority of this article, nor shall this article in any way reduce
or increase the jurisdiction or authority of any criminal justice
enforcement personnel, or of any state or local law-enforcement
officer or agency, except as specifically provided herein.
(f) Nothing contained in this article shall be construed so as
to authorize the permanent consolidation or merger or the elimination of operations of participating federal, state, county
municipal law-enforcement agencies, or other groups of state and
local law-enforcement officers, the head campus police or the head
of the rangers of the Hatfield-McCoy regional recreation authority.
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