H. B. 3148
(By Delegates Marshall, Barill, Fleischauer and Pasdon)
[Introduced February 15, 2011; referred to the
Committee on Education then the Judiciary.]
A BILL to amend and reenact §18B-5-4 of the Code of West Virginia, 1931, as amended, relating to higher education; general administration; and residency requirements for persons appointed as campus police officers.
Be it enacted by the Legislature of West Virginia:
That §18B-5-4 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 4. GENERAL ADMINISTRATION.
§18B-4-5. Campus police officers; appointment; qualifications; authority; compensation and removal.
(a) The governing boards may appoint bona fide residents of this state, or those who can become bona fide residents within ninety days of their appointment, to serve as campus police officers upon any premises owned or leased by the State of West Virginia and under the jurisdiction of the governing boards, subject to the conditions and restrictions established in this section.
(1) A person who previously was qualified for employment as a law-enforcement officer for a state agency or political subdivision of the state is considered certified for appointment as a campus police officer at the state institutions of higher education under the jurisdiction of the governing boards of Marshall University and West Virginia University.
(2) Before performing duties as a campus police officer in any county, a person shall qualify as is required of county police officers by:
(A) Taking and filing an oath of office as required by article one, chapter six of this code; and
(B) Posting an official bond as required by article two, chapter six of this code.
(b) A campus police officer may carry a gun and any other dangerous weapon while on duty if the officer fulfills the certification requirement for law-enforcement officers under section five, article twenty-nine, chapter thirty of this code or meets the requirements of subsection (a) of this section.
(c) It is the duty of a campus police officer to preserve law and order:
(1) On the premises under the jurisdiction of the governing board; and
(2) On any street, road or thoroughfare, except controlled access and open country highways, immediately adjacent to or passing through premises, to which the officer is assigned by the president of the state institution of higher education.
(A) For the purpose of this subdivision, the campus police officer is a law-enforcement officer pursuant to the provisions of section one, article twenty-nine, chapter thirty of this code.
(B) The officer has and may exercise all the powers and authority of a law-enforcement officer as to offenses committed within the area assigned;
(C) The officer is subject to all the requirements and responsibilities of a law-enforcement officer;
(D) Authority assigned pursuant to this subdivision does not supersede in any way the authority or duty of other law-enforcement officers to preserve law and order on such premises.
(E) Campus police officers may assist a local law-enforcement agency on public highways. The assistance may be provided to control traffic in and around premises owned by the state when:
(i) Traffic is generated as a result of athletic or other activities conducted or sponsored by a state institution of higher education; and
(ii) The assistance has been requested by the local law-enforcement agency.
(F) Campus police officers may assist a local law-enforcement agency in any location under the agency’s jurisdiction at the request of the agency.
(d) The salary of a campus police officer is paid by the appropriate governing board. Each state institution may furnish each campus police officer with a firearm and an official uniform to be worn while on duty. The institution 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 campus police officer.
(e) A governing board may at its pleasure revoke the authority of any campus police officer and such officers serve at the will and pleasure of the governing board. The president of the state institution shall report the termination of employment of a campus police officer by filing a notice to that effect in the office of the clerk of each county in which the campus police officer's oath of office was filed.
NOTE: The purpose of this bill is to permit persons who can become bona fide residents of this state within ninety days of their appointment to serve as campus police officers.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.