Senate Bill No. 730
(By Senator Sprouse)
____________
[Introduced February 18, 2008; referred to the Committee on the
Judiciary.]
____________
A BILL to amend and reenact §5A-4-3 of the Code of West Virginia,
1931, as amended; to amend and reenact §7-11-5 of said code;
to amend and reenact §8-29B-5 of said code; to amend and
reenact §20-14-6 of said code; and to amend and reenact
§61-3B-1, §61-3B-2 and §61-3B-3 of said code, all relating to
removing obsolete language pertaining to licenses to carry
deadly weapons.
Be it enacted by the Legislature of West Virginia:
That §5A-4-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that §7-11-5 of said code be amended and
reenacted; that §8-29B-5 of said code be amended and reenacted;
that §20-14-6 of said code be amended and reenacted; and that
§61-3B-1, §61-3B-2 and §61-3B-3 of said code be amended and
reenacted, all to read as follows:
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.
ARTICLE 4. GENERAL SERVICES DIVISION.
§5A-4-3. Security officers; appointment; oath; carrying weapons; powers and duties generally, etc.
(a) In addition to the other powers given and assigned to the
secretary in this chapter,
he is hereby authorized the secretary
may to appoint bona fide residents of this state to act as security
officers upon any premises owned or leased by the State of West
Virginia and under the jurisdiction of the secretary, subject to
the conditions and restrictions
hereinafter imposed
in this
section. Before entering upon the performance of his
or her duties
as
such a security officer
under this section, each person so
appointed shall qualify therefor in the same manner as is required
of county officers by taking and filing an oath of office as
required by article one, chapter six of this code.
No such person
shall have authority to carry a gun or any other dangerous weapon
until he shall have obtained a license therefor in the manner
prescribed by section two, article seven, chapter sixty-one of this
code.
(b) It
shall be is the duty of any person so appointed and
qualified to preserve law and order on any premises under the
jurisdiction of the secretary to which he
or she may be assigned by
the secretary. For this purpose he
or she shall as to offenses
committed on such premises
have has and may exercise all the powers
and authority and
shall be is subject to all the responsibilities
of a deputy sheriff of the county. The assignment of security
officers to any premises under the jurisdiction of the secretary
shall not be deemed to does not supersede in any way the authority
or duty of other peace officers to preserve law and order on such premises.
The secretary may at his pleasure revoke the authority of any
such security officer
appointed under this section by filing a
notice to that effect in the office of the clerk of each county in
which
his the officer's oath of office was filed.
and in the case
of officers licensed to carry a gun or other dangerous weapon, by
notifying the clerk of the circuit court of the county in which the
license therefor was granted
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 11. COUNTY PARKS AND RECREATION COMMISSIONS.
§7-11-5. General powers of commission; rules; misdemeanor
offenses; park police authorized.
(a) The
parks and recreation commission
shall have has the
necessary powers and authority to manage and control all public
parks and recreational properties and facilities owned by the
county or commission and used as a part of
such the public parks
and recreation system, including the right to promulgate rules
and
regulations concerning the management and control of
such the parks
and recreational properties and facilities and to enforce any such
rules
and regulations so promulgated.
The
parks and recreation commission
shall also have has
plenary power and authority to prepare and submit to the county
court commission for adoption rules
and regulations regulating the
use of any parks and recreational properties and facilities under
the control of the
parks and recreation commission and prohibiting
any type of use of or activities in connection with any such properties or facilities, and
any such the rules,
and regulations
if
so adopted, shall be duly entered of record in the order book of
the county
court commission. The violation of
any such a rule
and
regulation so adopted by the county
court shall constitute
commission is a misdemeanor, and any person convicted of
any such
a violation shall be punished by a fine of not less than five
dollars nor more than one hundred dollars, or by imprisonment in
jail for a period not exceeding thirty days, or by both
such fine
and imprisonment.
Justices of the peace of the county shall have
concurrent jurisdiction with the circuit court and other courts of
record (having criminal jurisdiction) of any misdemeanor offenses
arising under this article. The violation of any such rule
and
regulation which that also constitutes the violation of any state
law or municipal ordinance may be prosecuted and punished as a
violation of
such the state law or municipal ordinance rather than
under the provisions of this section. To enforce any such rules,
and regulations to protect and preserve all properties and
facilities under the control of the
parks and recreation commission
and to preserve law and order in connection therewith, the
parks
and recreation commission
shall have plenary power and has
authority to provide in its bylaws procedures for the appointment,
supervision and discharge of one or more park police officers.
Whenever any such appointment is made, a copy of the order of
appointment shall be filed by the
parks and recreation commission
with the county
court commission.
In any area under the jurisdiction and control of the
parks and recreation commission, or in connection with any properties or
facilities under the jurisdiction and control of the
parks and
recreation commission, or in pursuit of one or more individuals
therefrom, any park police officer
so appointed shall have has all
of the power and authority which a regularly appointed deputy
sheriff of
such the county has in enforcing the criminal laws of
the state.
Notwithstanding any provisions of this code to the
contrary, park police officers appointed as aforesaid shall not be
required to obtain a state license to carry a weapon, as required
by the provisions of section two, article seven, chapter sixty-one
of this code. When any such commission has purchased one or more
policies of public liability insurance providing the commission and
its officers, agents and employees insurance coverage for legal
liability of said commission and its officers, agents and employees
for bodily injury, personal injury or damage (including, but not
limited to, false arrest and false imprisonment) and property
damage, and affording said commission and its officers, agents and
employees insurance coverage against any and all legal liability
arising from, growing out of, by reason of or in any way connected
with, any acts or omissions of said commission, or its officers,
agents or employees in the performance of their official duties,
and so long as the coverage aforesaid remains in full force and
effect as to such park police officers, then the bond specified in
section five, article seven of said chapter sixty-one shall not be
required as to such park police officers.
CHAPTER 8. MUNICIPAL CORPORATIONS.
ARTICLE 29B. AIRPORT SECURITY.
§8-29B-5. Jurisdiction of airport police officers; insurance
coverage; bonds.
(a) In any area under the jurisdiction and control of the
airport operator, or in connection with the airport, or in pursuit
of one or more individuals therefrom, any airport police officer
shall have has:
(1) All of the power and authority which a regularly appointed
deputy sheriff of a county in this state has in enforcing the
criminal laws of this state;
(2) Full power and authority to enforce any and all federal
laws and rules
and regulations relating to airports, air
passengers, baggage inspection, the screening of air passengers and
other airport security measures;
(3) Full power and authority to enforce any and all rules
and
regulations promulgated by the airport operator; and
(4) The power to search persons, packages, containers and
baggage and the power to arrest persons.
Provided, That
(b) The
foregoing provisions of
subsection (a) of this section
shall under no circumstances whatever be construed as in any way
limiting do not limit the power and authority of a municipal police
officer or deputy sheriff who has been assigned to serve as an
airport police officer which he
or she has by virtue of his
or her
being a municipal police officer or deputy sheriff, and under no
circumstances whatever
shall does the assignment or appointment or
designation of one or more airport police officers at an airport
be deemed in any way to supersede or limit the power and authority of
other peace officers to preserve law and order at
such the airport.
Consistent with the provisions of section five, article seven,
chapter sixty-one of this code, any municipal police officer or
deputy sheriff assigned as an airport police officer pursuant to
the provisions of subsection (b), section four of this article, and
(notwithstanding any provision of this code to the contrary) any
person appointed or designated as an airport police officer
pursuant to the provisions of subsection (c), section four of this
article, shall not be required to obtain a state license to carry
a deadly weapon, as provided for in section two, article seven of
said chapter sixty-one. Any municipal police officer or deputy
sheriff assigned as an airport police officer pursuant to the
provisions of subsection (b), section four of this article shall
not be required to furnish any bond under section five, article
seven of said chapter sixty-one other than the bond furnished
thereunder as such municipal police officer or deputy sheriff.
When one or more policies of public liability insurance are
obtained providing insurance coverage for legal liability of an
airport police officer for bodily injury, personal injury or damage
(including, but not limited to, false arrest and false
imprisonment) and property damage, and affording said airport
police officer insurance coverage against any and all legal
liability arising from, growing out of, or by reason of or in any
way connected with, any acts or omissions of said airport police
officer in the performance of his official duties, and so long as the coverage aforesaid remains in full force and effect as to such
airport police officer, then the bond specified in section five,
article seven of said chapter sixty-one shall not be required as to
such airport police officer; otherwise such bond shall be required
and must be furnished.
CHAPTER 20. NATURAL RESOURCES.
ARTICLE 14. HATFIELD-MCCOY REGIONAL RECREATION AUTHORITY.
§20-14-6. Hatfield-McCoy recreation area rangers.
(a) The board is
hereby authorized to appoint bona fide
residents of this state to act as Hatfield-Mccoy Recreation Area
rangers upon any premises which are part of the Hatfield-McCoy
Recreation Area, subject to the conditions and restrictions imposed
by this section. Before performing the duties of ranger, each
appointed person shall qualify for the position of ranger in the
same manner as is required of county officers by the taking and
filing of an oath of office as required by section one, article
one, chapter six of this code and by posting an official bond as
required by section one, article two, chapter six of this code. To
facilitate the performance of the duties of a ranger, a ranger may
carry a firearm or other dangerous weapon while the ranger is on
duty.
(b) It is the duty of any person appointed and qualified to
preserve law and order on any premises which are part of the
Hatfield-McCoy Recreation Area, the immediately adjacent property
of landowners who are making land available for public use under
agreement with the authority and on streets, highways or other public lands utilized by the trails, parking areas or related
recreational facilities and other immediately adjacent public
lands. For this purpose, the ranger shall be considered to be a
law-enforcement officer in accordance with the provisions of
section one, article twenty-nine, chapter thirty of this code and,
as to offenses committed within those areas, have and may exercise
all the powers and authority and are subject to all the
requirements and responsibilities of a law-enforcement officer.
The assignment of rangers to the duties authorized by this section
may not supersede in any way the authority or duty of other peace
officers to preserve law and order on those premises.
(c) The salary of all rangers shall be paid by the board. The
board shall furnish each ranger with an official uniform to be worn
while on duty and shall furnish and require each ranger while on
duty to wear a shield with an appropriate inscription and to carry
credentials certifying the person's identity and authority as a
ranger.
(d) The board may at its pleasure revoke the authority of any
ranger. The executive director shall report the termination of
employment of a ranger by filing a notice to that effect in the
office of the clerk of each county in which the ranger's oath of
office was filed.
and in the case of a ranger licensed to carry a
gun or other dangerous weapon, by notifying the clerk of the
circuit court of the county in which the license for the gun or
other dangerous weapon was granted.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
ARTICLE 3B. TRESPASS.
§61-3B-1. Definitions.
As used in this article:
(1) "Structure" means any building of any kind, either
temporary or permanent, which has a roof over it, together with the
curtilage thereof.
(2) "Conveyance" means any motor vehicle, vessel, railroad
car, railroad engine, trailer, aircraft or sleeping car, and "to
enter a conveyance" includes taking apart any portion of the
conveyance.
(3) An act is committed "in the course of committing" if it
occurs in an attempt to commit the offense or in flight after the
attempt or commission.
(4) "Posted land" is that land upon which reasonably
maintained signs are placed not more than five hundred feet apart
along and at each corner of the boundaries of the land, upon which
signs there appears prominently in letters of not less than two
inches in height the words "no trespassing" and in addition thereto
the name of the owner, lessee or occupant of the land. The signs
shall be placed along the boundary line of posted land in a manner
and in a position as to be clearly noticeable from outside of the
boundary line. It
shall not be is not necessary to give notice by
posting on any enclosed land or place not exceeding five acres in
area on which there is a dwelling house or property that by its
nature and use is obviously private in order to obtain the benefits
of this article pertaining to trespass on enclosed lands.
(5) "Cultivated land" is that land which has been cleared of
its natural vegetation and is presently planted with a crop,
orchard, grove, pasture or trees or is fallow land as part of a
crop rotation.
(6) "Fenced land" is that land which has been enclosed by a
fence of substantial construction, whether with rails, logs, post
and railing, iron, steel, barbed wire, other wire or other
material, which stands at least three feet in height. For the
purpose of this article, it
shall not be is not necessary to fence
any boundary or part of a boundary of any land which is formed by
water and is posted with signs pursuant to the provisions of this
article.
(7) Where lands are posted, cultivated or fenced as described
herein in this section, then
such the lands, for the purpose of
this article,
shall be are considered as enclosed and posted.
(8) "Trespass" under this article is the willful unauthorized
entry upon, in or under the property of another, but
shall does not
include the following:
(A) Entry by the state, its political subdivisions or by the
officers, agencies or instrumentalities thereof as authorized and
provided by law.
(B) The exercise of rights in, under or upon property by
virtue of rights-of-way or easements by a public utility or other
person owning
such the right-of-way or easement whether by written
or prescriptive right.
(C) Permissive entry, whether written or oral, and entry from a public road by the established private ways to reach a residence
for the purpose of seeking permission
shall not be is not trespass
unless signs are posted prohibiting
such the entry.
(D) Entry performed in the exercise of a property right under
ownership of an interest in, under or upon
such the property.
(E) Entry where no physical damage is done to property in the
performance of surveying to ascertain property boundaries, and in
the performance of necessary work of construction, maintenance and
repair of a common property line fence, or buildings or
appurtenances which are immediately adjacent to the property line
and maintenance of which necessitates entry upon the adjoining
owner's property.
(9) "Deadly weapon" has the same meaning as in section two,
article seven of this chapter.
§61-3B-2. Trespass in structure or conveyance.
Any person who knowingly enters in, upon or under a structure
or conveyance without being authorized, licensed or invited, or
having been authorized, licensed or invited is requested to depart
by the owner, tenant or the agent of
such the owner or tenant, and
refuses to do so,
shall be is guilty of a misdemeanor and, upon
conviction thereof, shall be fined not more than one hundred
dollars.
If the offender is armed with a
firearm or other dangerous
deadly weapon while in the structure or conveyance, with the
unlawful and felonious intent to do bodily injury to a human being
in
said the structure or conveyance at the time the offender knowingly trespasses,
such the offender,
shall notwithstanding
the
provisions of section one, article seven, chapter sixty-one of this
code, be any license or other lawful authorization the offender may
have had to carry the weapon, is guilty of a misdemeanor and, upon
conviction thereof, shall be fined not less than one hundred
dollars nor more than five hundred dollars, or be confined in
the
county jail for a period jail not
to exceed twelve months, or both
such fine and imprisonment more than a year, or both fined and
confined.
§61-3B-3. Trespass on property other than structure or
conveyance.
(a) Any person who knowingly and without being authorized,
licensed or invited, enters or remains on any property, other than
a structure or conveyance, as to which notice against entering or
remaining is either given by actual communication to
such the
person or by posting, fencing or cultivation,
shall be is guilty of
a misdemeanor and, upon conviction thereof, shall be fined not more
than one hundred dollars.
(b) If the offender defies an order to leave, personally
communicated to him by the owner, tenant or agent of
such the owner
or tenant, or if the offender opens any door, fence or gate, and
thereby exposes animals, crops or other property to waste,
destruction or freedom, or causes any damage to property by
such
the trespassing on property other than a structure or conveyance,
he
shall be or she is guilty of a misdemeanor and, upon conviction
thereof, shall be fined not less than one hundred dollars nor more than five hundred dollars or
imprisoned confined in
the county jail
for
a period not to exceed more than six months, or both
such fine
and imprisonment fined and confined.
(c) If the offender is armed with a
firearm or other dangerous
deadly weapon with the unlawful and felonious intent to do bodily
injury to a human being during his
or her commission of the offense
of trespass on property other than a structure or conveyance,
such
the offender,
shall notwithstanding
the provisions of section one,
article seven, chapter sixty-one of this code, be any license or
other lawful authorization the offender may have had to carry the
weapon, is guilty of a misdemeanor and, upon conviction thereof,
shall be confined in
the county jail for
a term not to exceed not
more than six months, or fined not more than one hundred dollars,
or both
such fine and imprisonment fined and confined.
(d) Notwithstanding and in addition to any other penalties
provided by law, any person who performs or causes damage to
property in the course of a willful trespass
shall be is liable to
the property owner in the amount of twice the amount of
such the
damage:
Provided, That the provisions of this article
shall do not
apply in a labor dispute.
NOTE: The purpose of this bill is to remove obsolete statutory
language pertaining to the carrying of deadly weapons by Department
of Administration security officers, county park police officers,
and municipal airport police officers. This bill also clarifies
references in the trespassing statutes to conform to the present
weapons statutes.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
Email
Webmaster | © 2024 West Virginia Legislature **
