ENGROSSED

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 187

(By Senators Wooton, Snyder, Ross, Ball, Schoonover, Anderson, Sharpe and Sprouse)

____________

[Originating in the Committee on the Judiciary;

reported January 28, 1998.]

____________


A BILL to amend article ten, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section five, relating to federal law-enforcement officers having authority to enforce state, county and municipal laws while in active service; and providing immunity from liability in certain situations.

Be it enacted by the Legislature of West Virginia:
That article ten, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section five, to read as follows:
ARTICLE 10. COOPERATION BETWEEN LAW-ENFORCEMENT AGENCIES.
§15-10-5. Federal officers peace-keeping authority.
(a) Notwithstanding any provision of this code to the contrary, any person who is employed by the United States government as a law-enforcement officer as enumerated in subsection (b) of this section, shall have the authority to enforce violations of the laws of this state granted to law- enforcement officers as are defined in section one, article twenty-nine, chapter thirty of this code, with the exception of state or local traffic laws or parking ordinances, where if the violation of law is committed in the presence of the law- enforcement officer or the law-enforcement officer who is rendering assistance to a duly authorized law-enforcement officer of the state of West Virginia in an emergency or at the request of that officer.
(b) This section applies to the following federal law- enforcement officers who are: (1) Employed full time; (2) empowered to effect an arrest with or without a warrant for violations of the United States code; and (3) authorized to carry firearms in the performance of their duties:
(A) Department of justice. -- (i) Special agents of the drug-enforcement administration; (ii) special agents of the federal bureau of investigation; (iii) inspectors and special agents of the immigration and naturalization service; and (iv) marshals and deputy marshals of the United States marshals service.
(B) Department of treasury. -- (i) Special agents of the bureau of alcohol, tobacco and firearms; (ii) inspectors and special agents of the internal revenue service; (iii) inspectors and special agents of the United States customs service; and (iv) special agents of the United States secret service.
(C) United States postal service. -- Inspectors of the United States postal inspection service.
(D) Special agents of the offices of the inspector general and other criminal investigative components of United States departments and agencies while conducting official business in the state of West Virginia.
(E) Police officer empowered under Title 40, United States code, employed at the federal bureau of investigation criminal justice information services division facility at Clarksburg.
(c) When acting under the authority of this section, those persons who are employed by the United States government as law- enforcement officers enumerated in subsection (b) of this section shall have the same immunities from liability as law-enforcement officers as defined in section one, article twenty-nine, chapter thirty of this code.
COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 187

(By Senators Wooton, Snyder, Ross, Ball, Schoonover, Anderson,
Sharpe and Sprouse)
____________

[Originating in the Committee on the Judiciary;

reported January 28, 1998.]

____________


A BILL to amend article ten, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section five, relating to federal law-enforcement officers having authority to enforce state, county and municipal laws while in active service; and providing immunity from liability in certain situations.

Be it enacted by the Legislature of West Virginia:
That article ten, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section five, to read as follows:
ARTICLE 10. COOPERATION BETWEEN LAW-ENFORCEMENT AGENCIES.
§15-10-5. Federal officers peace-keeping authority.
(a) Notwithstanding any provision of this code to the contrary, any person who is employed by the United States government as a law-enforcement officer as enumerated in subsection (b) of this section, shall have the authority to enforce violations of the laws of this state granted to law- enforcement officers as are defined in section one, article twenty-nine, chapter thirty of this code, with the exception of state or local traffic laws or parking ordinances, where if the violation of law is committed in the presence of the law- enforcement officer or the law-enforcement officer who is rendering assistance to a duly authorized law-enforcement officer of the state of West Virginia in an emergency or at the request of that officer.
(b) This section applies to the following federal law- enforcement officers who are: (1) Employed full time; (2) empowered to effect an arrest with or without a warrant for violations of the United States code; and (3) authorized to carry firearms in the performance of their duties:
(A) Department of justice. -- (i) Special agents of the drug-enforcement administration; (ii) special agents of the federal bureau of investigation; (iii) inspectors and special agents of the immigration and naturalization service; and (iv) marshals and deputy marshals of the United States marshals service.
(B) Department of treasury. -- (i) Special agents of the bureau of alcohol, tobacco and firearms; (ii) inspectors and special agents of the internal revenue service; (iii) inspectors and special agents of the United States customs service; and (iv) special agents of the United States secret service.
(C) United States postal service. -- Inspectors of the United States postal inspection service.
(D) Special agents of the offices of the inspector general and other criminal investigative components of United States departments and agencies while conducting official business in the state of West Virginia.
(E) Police officer empowered under Title 40, United States code, employed at the federal bureau of investigation criminal justice information services division facility at Clarksburg.
(c) When acting under the authority of this section, those persons who are employed by the United States government as law- enforcement officers enumerated in subsection (b) of this section shall have the same immunities from liability as law-enforcement officers as defined in section one, article twenty-nine, chapter thirty of this code.
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(NOTE: The purpose of this bill is to grant federal law- enforcement officers the power to enforce the laws of this state while engaged in law-enforcement activities. It also provides for immunity from liability when so acting under certain situations.)