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Introduced Version House Bill 3020 History

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hb3020 intr
H. B. 3020


(By Delegates Stalnaker, Poling, Hamilton,
G. White, Proudfoot and Hartman)

[Introduced March 14, 2005; referred to the
Committee on Education then the Judiciary.]



A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-4-5b, relating to private campus police officers at private institutions of higher education in this state; and providing for the appointment, qualifications, authority and removal of private 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 §18B-4-5b, to read as follows:
ARTICLE 4. GENERAL ADMINISTRATION.

§18B-4-5b. Private campus police officers; appointment; qualifications; authority; compensation and removal.

Private institutions of higher education in this state are hereby authorized to appoint bona fide residents of this state to act as private campus police officers upon any premises owned or leased by the private institution of higher education, subject to the conditions and restrictions hereinafter imposed. Before performing duties as a private campus police officer in any county, each person so appointed must first qualify therefor in the same manner as is required of county police officers by the taking and filing of an oath of office as required by article one, chapter six of this code and by posting an official bond as required by article two, chapter six of this code. A private campus police officer for a private institution of higher education in this state may carry a gun and may carry any other dangerous weapon while on duty if the private campus police officer fulfills the certification requirement for law-enforcement officers under section five, article twenty-nine, chapter thirty of this code.
It is the duty of any person so appointed and qualified as a private campus police officer for a private institution of higher education in this state to preserve law and order only upon those premises under the jurisdiction of the private institution of higher education and on any other street, road or thoroughfare, except controlled access and open country highways, immediately adjacent to or passing through the premises, to which the person may be assigned by the president or other administrative head of the private state institution of higher education. For this purpose the private campus police officer is a law-enforcement officer pursuant to the provisions of section one, article twenty-nine, chapter thirty of this code and, as to offenses committed within any area so assigned, has and may exercise all the powers and authority and is subject to all the requirements and responsibilities of a law-enforcement officer: Provided, That the assignment of private campus police officers for a private institution of higher education in this state to the duties authorized by this section may not be considered to supersede in any way the authority or duty of other peace officers to preserve law and order on the premises. In addition, the private campus police officers appointed under provisions of this section may assist local peace officers on public highways in the control of traffic in and around premises owned by the State of West Virginia whenever the traffic is generated as a result of athletic or other activities conducted or sponsored by a private institution of higher education and when the assistance has been requested by the local peace officers.
The salary of all private campus police officers shall be paid by the appropriate administrative authority of the private institution of higher education in this state. Each private institution may furnish each private campus police officer with a firearm and an official uniform to be worn while on duty and shall furnish and require each officer while on duty to wear a shield with an appropriate inscription and to carry credentials certifying to the person's identity and authority as a private campus police officer.
The administrators for private institutions of higher education in this state may at their pleasure revoke the authority of any private campus police officer. The president or other administrative head of the private institution of higher education shall report the termination of employment of a private campus police officer by filing a notice to that effect in the office of the clerk of each county in which the private campus police officer's oath of office was filed.

NOTE: The purpose of this bill is to authorize private campus police officers at private institutions of higher education in this state.

This section is new; therefore, strike-throughs and underscoring have been omitted.
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