ENGROSSED

Senate Bill No. 789

(By Senators Kessler, Dempsey, Fanning, Foster, Hunter, Jenkins,

Minard, Oliverio, White, Barnes, Caruth, Deem, Harrison,

Lanham, McKenzie and Weeks)

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[Originating in the Committee on the Judiciary;

reported February 27, 2006.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §62-11C-5a, relating to limited arrest powers for day report officers.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §62-11C-5a, to read as follows:
ARTICLE 11C. WEST VIRGINIA REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY.

§62-11C-5a. Arrest authority of day report officers.
(a) Persons employed by a day report center as officers are hereby authorized and empowered to make arrests of persons charged with a violation of law or term of supervision who surrender themselves to such officer and to arrest persons already under supervision for violations of law occurring or violations of a term of supervision committed in the officer's presence.
(b) Nothing in this section shall be construed as to make a day report officer employed by a day report program a law- enforcement officer as defined in section one, article twenty-nine, chapter thirty of this code.