H. B. 4311
(By Delegates Mahan, Susman, Perdue and Staton)
[Introduced January 30, 2002
; referred to the
Committee on the Judiciary then Finance.]
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 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. Notwithstanding any provision of this code to the
contrary, those designated special officers may carry handguns in
the course of their official duties after meeting specialized
qualifications established by the governor's committee on crime,
delinquency and correction, which qualifications shall include the
successful completion of handgun training, including a minimum of
four hours training in handgun safety, paid for by the division of
highways and comparable to the handgun training provided to
law-enforcement officers by the West Virginia state police:
Provided, That nothing in this section shall be construed to
include designated special officers authorized by the provisions of
this section as law-enforcement officers as are defined in section
one, article twenty-nine, chapter thirty of this code. 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 designated
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 officer
designated as such pursuant to the provisions of subsection (b) of
this section.
NOTE: The purpose of this bill is to grant designated special
officers of the official weighing crew of the division of highways
the authority to possess handguns, after training, while on duty.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.