H. B. 2075
(By Delegate Love)
[Introduced February 10, 1993; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section nine, article ten, chapter
sixty-two of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to allowing
correctional officers to execute warrants when the person
named in the warrant surrenders to the correctional officer.
Be it enacted by the Legislature of West Virginia:
That section nine, article ten, chapter sixty-two of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 10. PREVENTION OF CRIME.
§62-10-9. Power and authority of sheriffs and deputy sheriffs
to make arrests.
Sheriffs and each of their deputies are hereby authorized
and empowered within their respective counties to make arrests
for any crime for which a warrant has been issued in violation of
any laws of the United States or of this state, and to make
arrests without warrant for all violations of any of the criminallaws of the United States, or of this state, when committed in
their presence. A county correctional officer may execute a
warrant when, and only when, a person named in the warrant
surrenders to the correctional officer.
NOTE: The purpose of this bill is to allow county
correctional officers to execute a warrant when the subject of
the warrant surrenders to the correctional officer.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.