H. B. 2811
(By Delegates Azinger, Beane,
Border and Warner)
[Introduced March 9, 2001; referred to the
Committee on the Judiciary.]
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
West Virginia 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
West Virginia state police such assistance in the performance of
said duties as the superintendent of the department of public
safety West Virginia 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 West
Virginia 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
division 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 warrants to the 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.