ENGROSSED

Senate Bill No. 256

(By Senators Wooton, Hunter, Kessler, Minard,


Mitchell, Ross and Rowe)


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[Originating in the Committee on the Judiciary;

reported January 18, 2002.]

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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 on official weighing crews to possess firearms while on duty; training requirements; qualifications; and requiring division of highways to pay for training.

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. Notwithstanding any provision of this code to the contrary, designated special officers serving as members of official weighing crews 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 such 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 officer 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.