H. B. 2266



(By Delegates Mezzatesta and Stemple)



[Introduced January 15, 2003; referred to the
Committee on Veterans Affairs and Homeland Security then
the Judiciary.]
A BILL to amend and reenact section three, article ten, chapter
fifteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to cooperation
between law-enforcement agencies generally and including the
state fire marshal and full-time state fire marshals within
the definition of criminal justice enforcement personnel for
the purpose of authorizing the state fire marshal and
full-time fire marshals to cooperate with and assist other
law-enforcement agencies.
Be it enacted by the Legislature of West Virginia:

That section three, 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.
§15-10-3. Definitions.

In this article, unless a different meaning plainly is
required:

(1) "Criminal justice enforcement personnel" means those
persons within the state criminal justice system who are actually
employed as members of the division of public safety West Virginia
state police, members of the division of protective services, state
conservation officers, state fire marshal and full-time state fire
marshals, chiefs of police and police of incorporated
municipalities, and county sheriffs and their deputies, and whose
primary duties are the investigation of crime and the apprehension
of criminals.

(2) "Head of a law-enforcement agency" means the
superintendent of the division of public safety West Virginia state
police, the director of the division of protective services, the
chief conservation officer of the division of natural resources,
the state fire marshal, a chief of police of an incorporated
municipality or a county sheriff.

NOTE: The purpose of this bill is to include the state fire
marshal and full-time state fire marshals within the definition of
criminal justice enforcement personnel for the purpose of
authorizing the state fire marshal and full-time fire marshals to
cooperate with and assist other law-enforcement agencies.

Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.