Senate Bill No. 526
(By Senators Bailey and Ross)
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[Introduced March 24, 1997 ; referred to the Committee
on Transportation; and then to the Committee on the Judiciary.]
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A BILL to amend and reenact section three, article two, chapter
seventeen-c of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to enforcement of
motor vehicle laws; extending the power of special officers
designated by the commissioner of highways from the official
weighing crews to enforce all laws governing the operation
of vehicles upon the streets and highways; arrest authority
of special officers; and weapons for special officers.
Be it enacted by the Legislature of West Virginia:
That section three, article two, chapter seventeen-c of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 2. OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS.
§17C-2-3. Enforcement of chapter; designation and power of special officers; bond of special officers;
failure to obey police officer or special
officers.
(a) It shall be the duty of the department of public safety
state police and its members to enforce the provisions of this
chapter and other laws of this state governing the operation of
vehicles upon the streets and highways of this state as defined
in section one, article two, chapter seventeen-b of this code, or
in other designated places specifically referred to in a given
section in this chapter; and it shall be the duty of sheriffs and
their deputies and of the police of cities and towns to render to
the department of public safety state police such assistance in
the performance of said duties as the superintendent of the
department of public safety state police may require of them.
(b) The West Virginia commissioner of highways is authorized
to designate employees of the West Virginia department division
of highways as special officers to enforce the provisions of this
chapter only when such special officers are directing traffic
upon bridges and the approaches to bridges which are a part of
the state road system when any such bridge needs special traffic
direction and the superintendent of the department of public
safety state police has informed the West Virginia commissioner
of highways that he or she is unable to furnish personnel for such traffic direction. The West Virginia commissioner of
highways may also designate certain employees of the West
Virginia department division of highways serving as members of
official weighing crews as special officers to enforce the
provisions of article seventeen of this chapter and other laws of
this state governing the operation of vehicles upon the streets
and highways of this state, as defined in section one, article
two, chapter seventeen-b of this code, or in other designated
places specifically referred to in a given section of this
chapter. Any employee of the West Virginia department of
highways designated by the commissioner to serve as special
officers, who knows or has reason to believe that anyone has
violated the provisions of chapter seventeen of the code or other
laws of this state governing the operation of vehicles upon the
streets and highways of this state, may make complaint in writing
before any court or officer having jurisdiction and procure a
warrant for such offender, execute the same and bring the person
before the proper tribunal having jurisdiction. The special
officers may make arrests anywhere within this state of any
person charged with a violation of the provisions of chapter
seventeen of the code or other laws of this state governing the
operation of vehicles upon the streets and highways of this
state. He or she shall make return on all such warrants to such
tribunals. The commissioner shall establish the weapons and enforcement equipment which shall be authorized for use by the
special officers, and shall provide for periodic inspection of
such weapons and equipment. The West Virginia commissioner of
highways shall provide a blanket bond in the amount of ten
thousand dollars for all employees designated as special
officers, as above provided.
(c) No person shall willfully fail or refuse to comply with
a lawful order or direction of any police officer or such special
officers invested by law with authority to direct, control or
regulate traffic.
(d) No person shall willfully fail or refuse to comply with
a lawful order or direction of any special officer designated as
such pursuant to the provisions of subsection (b) of this
section.
NOTE: The purpose of this bill is to grant more authority to
special officers of the official weighing crews of the division
of highways to enforce all laws pertaining to the operation of
motor vehicles upon the streets and highways.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.