H. B. 2037
(By Delegates Ellem, Canterbury and Amores)
[Introduced January 8, 2003; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact section four, article ten, chapter
fifteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to authorizing
law-enforcement officials to deputize police in other states.
Be it enacted by the Legislature of West Virginia:
That section four, article ten, chapter fifteen of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted to read as follows:
ARTICLE 10. COOPERATION BETWEEN LAW-ENFORCEMENT AGENCIES.
§15-10-4. Cooperation between law-enforcement agencies.
(a) The head of any law-enforcement agency as defined in
section three of this article may temporarily provide assistance
and cooperation to another agency of the state criminal justice
system, or of another state's criminal justice system, or to a
federal law-enforcement agency in investigating crimes or possible criminal activity if requested to do so in writing by the head of
another law-enforcement agency or federal law-enforcement agency.
Such assistance may also be provided upon the request of the head
of the law-enforcement agency or federal law-enforcement agency
without first being reduced to writing in emergency situations
involving the imminent risk of loss of life or serious bodily
injury. The assistance may include, but is not limited to,
entering into a multijurisdictional task force agreement to
integrate federal, other state, in-state, county and municipal
law-enforcement agencies or any combination thereof, for the
purpose of enhancing interagency coordination, intelligence
gathering, facilitating multijurisdictional investigations,
providing criminal justice enforcement personnel of the
law-enforcement agency to work temporarily with personnel of
another agency, including in an undercover capacity, and making
available equipment, training, technical assistance and information
systems for the more efficient investigation, apprehension and
adjudication of persons who violate the criminal laws of this
state, another state or the United States, and to assist the
victims of such crimes. The head of a law-enforcement agency, as
defined in section three of this article, may deputize police
officers operating under the jurisdictional authority of another
state to the extent the out-of-state law-enforcement agency is
willing to permit the deputization of one or more of its officers by the head of the law-enforcement agency. When providing the
assistance under the provisions of this article, a head of a
law-enforcement agency shall comply with all applicable statutes,
ordinances, rules, policies or guidelines officially adopted by the
state or the governing body of the city or county by which he is
employed, and any conditions or restrictions included therein.
(b) While temporarily assigned to work with another
law-enforcement agency or agencies, criminal justice enforcement
personnel shall have the same jurisdiction, powers, privileges and
immunities, including those relating to the defense of civil
actions, as such criminal justice enforcement personnel would enjoy
if actually employed by the agency to which they are assigned, in
addition to any corresponding or varying jurisdiction, powers,
privileges and immunities conferred by virtue of their continued
employment with the assisting agency.
(c) While assigned to another agency or to a
multijurisdictional task force, criminal justice enforcement
personnel shall be subject to the lawful operational commands of
the superior officers of the agency or task force to which they are
assigned, but for personnel and administrative purposes, including
compensation, they shall remain under the control of the assisting
agency. These assigned personnel shall continue to be covered by
all employee rights and benefits provided by the assisting agency,
including workers' compensation, to the same extent as though such personnel were functioning within the normal scope of their duties.
(d) No request or agreement between the heads of
law-enforcement agencies made or entered into pursuant to the
provisions of this article shall remain in force and effect for a
period of more than twelve months unless renewed in writing by the
parties thereto nor shall any request or agreement made or entered
into pursuant to the provisions of this article have force or
effect until a copy of said request or agreement is filed with the
office of the circuit clerk of the county or counties in which the
law-enforcement agencies involved operate. Upon filing, the
requests or agreements may be sealed, subject to disclosure
pursuant to an order of a circuit court directing disclosure for
good cause. Nothing in this article shall be construed to limit
the authority of the head of a law-enforcement agency to withdraw
from any agreement at any time.
(e) Nothing contained in this article shall be construed so as
to grant, increase, decrease or in any manner affect the civil
service protection or the applicability of civil service laws as to
any criminal justice enforcement personnel or agency operating
under the authority of this article, nor shall this article in any
way reduce or increase the jurisdiction or authority of any
criminal justice enforcement personnel or agency, except as
specifically provided herein.
(f) Nothing contained in this article shall be construed so as to authorize the permanent consolidation or merger or the
elimination of operations of participating federal, state, county
or municipal law-enforcement agencies.
NOTE: The purpose of this bill is to authorize law-enforcement
officials in this state to deputize police officers from other
states in order to coordinate efforts against criminal activity.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.