H. B. 3030
(By Delegate Craig)
[Introduced March 10, 2009; referred to the
Committee on Roads and Transportation then the
Judiciary.]
A BILL to amend and reenact §61-3-41 of the Code of West Virginia,
1931, as amended, relating to special railroad police.
Be it enacted by the Legislature of West Virginia:
That §61-3-41 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-41. Employees conservators of the peace; special railroad
policemen; penalties.
The conductor of every passenger car and flag person and brake
person employed on such car, as well as the conductor of every
train of railroad or traction cars, shall have all the powers of a
conservator of the peace while in charge of such car or train.
Any railroad company owning, or leasing and operating, or
using any railroad or traction line or system lying wholly or
partially within this state, whether such railroad be operated by
steam or electric power, may apply to the Governor to appoint such
citizen or citizens of this state as such railroad company may designate, to act as special police officers for such railroad or
traction company, with the consent of such citizen or citizens; and
the Governor may, upon such application, appoint and commission
such person or persons, or so many of them as he
or she may deem
proper, as such special police officers. Every police officer so
appointed shall appear before some person authorized to administer
oaths and take and subscribe the oath prescribed in the fifth
section of the fourth article of the Constitution, and shall file
such oath with the clerk of the county commission, or other
tribunal in lieu thereof, of the county in which he
or she shall
reside. He or she shall also file certified copies of such oath in
the Office of the Secretary of State, and in the office of the
clerk of the county commission, or other tribunal established in
lieu thereof, of each county through which such railroad or any
portion thereof may extend. Every police officer appointed under
the provisions of this section shall be a conservator of the peace
within each county,
in which any part of such railroad may be
situated and in which such oath or a certified copy thereof shall
have been filed with the clerk of the county commission or other
tribunal established in lieu thereof; and, in addition thereto, he
or she shall possess and may exercise all the powers and authority,
and shall be entitled to all the rights, privileges and immunities
within such counties, as are now or hereafter may be vested in or
conferred upon a deputy sheriff of such county. Any appointment
made by the Governor under the provisions of this section may be
revoked by him or her for good cause shown, and such police officers may be removed from office for official misconduct,
incompetence, habitual drunkenness, neglect of duty or gross
immorality, in the same manner in which regularly elected or
appointed county officers may be removed from office. Whenever any
such railroad company shall desire to dispense with the services of
any police officer, it may file a notice to that effect, under its
corporate seal, attested by its secretary, in each of the several
offices in which such oath or certified copy thereof shall have
been filed; and, thereupon, the powers of the police officer shall
cease and determine. Police officers may wear such uniform and
badge of authority, or either, as the railroad company, upon whose
application they were appointed, may designate, and such railroad
company shall pay them for all services rendered pursuant to his or
her appointment.
NOTE: The purpose of this bill is to change the provision
about special railroad police.
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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