Senate Bill No. 427
(By Senator Bailey)
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[Introduced February 21, 1994;
referred to the Committee on the Military.]
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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 the
contrary, 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 adjutant
general, knowing or having reasonable cause to believe that aperson 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.
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(NOTE: The purpose of this bill is to provide that retired
members of the West Virginia Air National Guard who have been air
force security policemen are deemed to have met all requirements
for certification as a law-enforcement officer under the
provisions of §30-29-5.)