ENGROSSED

Senate Bill No. 427

(By Senator Bailey)

____________

[Introduced February 21, 1994;

referred to the Committee on the Military.]

____________




A BILL to amend and reenact section twenty-two, article one-b, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the national guard; military facilities; security guards; qualifications; duties; powers; and providing that retired members of the air national guard who have been air force security policemen are considered to have met the requirements for certification as law-enforcement officers.

Be it enacted by the Legislature of West Virginia:
That section twenty-two, article one-b, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 1B. NATIONAL GUARD.

§15-1B-22. Military facilities; security guards; qualifications; duties; powers.

(a) Notwithstanding any provision of this code to thecontrary, bona fide members of the West Virginia national guard, or retired members of the West Virginia air national guard who have held the position of air force security policemen, assigned by the adjutant general to function as security guards to safeguard military property of the state or of the United States who have successfully completed a training program in law enforcement approved by the adjutant general and the superintendent of the West Virginia department of public safety, shall be deemed to have met all the requirements for certification as a law-enforcement officer set forth in section five, article twenty-nine, chapter thirty of this code. Those members of the West Virginia national guard who are so designated as security guards and who have successfully completed such training program are hereby empowered:
(1) To make arrests on military installations of the state or of the United States for any violations of the law of this state or of the United States occurring on any such military installation; and
(2) To cooperate with state and local authorities in detecting and apprehending any person or persons engaged in or suspected of the commission of any crime, misdemeanor or offense against the law of this state or of the United States, or of any ordinance of any municipality of this state if such is committed or attempted to be committed on a military installation in this state.
(b) Any security guard, duly appointed by the adjutantgeneral, knowing or having reasonable cause to believe that a person has violated the law while situate on a military installation, may make complaint in writing before any court or officer having jurisdiction and procure a warrant for such person.
(c) For the purposes of this section, the term "military installation" shall mean a facility under the command of the adjutant general.