Senate Bill No. 88
(By Senator Bailey)
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[Introduced January 13, 1999;
referred 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 is 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 is the duty of
sheriffs and their deputies and of the police of cities and towns
municipalities 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 employees of the West Virginia department of
highways designated by the commissioner to serve as special
officers, who know or have 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 the 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 is authorized for use by the special
officers, and shall provide for periodic inspection of 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 designated special officers
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.