Senate Bill No. 479
(By Senator Buckalew)
[Introduced February 20, 1995; referred to the Committee
on the Judiciary.]
A BILL to amend and reenact section three, article ten, chapter
fifteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to cooperation
between law-enforcement agencies; and defining federal
government law-enforcement officers as peace officers for
the purpose of enforcing laws in this state.
Be it enacted by the Legislature of West Virginia:
That section three, article ten, 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 10. COOPERATION BETWEEN LAW-ENFORCEMENT AGENCIES.
In this article, unless a different meaning plainly is required:
(1) "Criminal justice enforcement personnel" means those
persons within the state criminal justice system who are actually
employed as members of the division of public safety, state
conservation officers, chiefs of police and police of
incorporated municipalities, and county sheriffs and their
deputies, and whose primary duties are the investigation of crime
and the apprehension of criminals.
(2) "Head of a law-enforcement agency" means the
superintendent of the division of public safety, the chief
conservation officer of the division of natural resources, a
chief of police of an incorporated municipality or a county
(3) Notwithstanding any other provision of this code to the
contrary, persons who are employed by the federal government as
full-time law-enforcement or investigative officers with
authority to arrest and who are residents of this state, or who
are on temporary assignment in this state, may enforce the laws
of this state or any county or municipality therein.
NOTE: The purpose of this bill is to define federal
government law-enforcement officers as peace officers for the
purpose of enforcing laws in this state.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.