Senate Bill No. 83
(By Senator Beach)
[Introduced February 13, 2013; referred to the Committee on
Education; and then to the Committee on the Judiciary.]
A BILL to amend and reenact §18B-4-5 of the Code of West Virginia,
1931, as amended, relating to higher education; general
administration; and residency requirements for persons
appointed as campus police officers.
Be it enacted by the Legislature of West Virginia:
That §18B-4-5 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 4. GENERAL ADMINISTRATION.
§18B-4-5. Campus police officers; appointment; qualifications;
authority; compensation and removal.
(a) The governing boards may appoint bona fide residents of
this state, or those who can become bona fide residents within
ninety days of their appointment, to serve as campus police officers upon any premises owned or leased by the State of West
Virginia and under the jurisdiction of the governing boards,
subject to the conditions and restrictions established in this
(1) A person who previously was qualified for employment as a
law-enforcement officer for a state agency or political subdivision
of the state is considered certified for appointment as a campus
police officer at the state institutions of higher education under
the jurisdiction of the governing boards of Marshall University and
West Virginia University.
(2) Before performing duties as a campus police officer in any
county, a person shall qualify as is required of county police
(A) Taking and filing an oath of office as required by article
one, chapter six of this code; and
(B) Posting an official bond as required by article two,
chapter six of this code.
(b) A campus police officer may carry a gun and any other
dangerous weapon while on duty if the officer fulfills the
certification requirement for law-enforcement officers under
section five, article twenty-nine, chapter thirty of this code or
meets the requirements of subsection (a) of this section.
(c) It is the duty of a campus police officer to preserve law and order:
(1) On the premises under the jurisdiction of the governing
(2) On any street, road or thoroughfare, except controlled
access and open country highways, immediately adjacent to or
passing through premises, to which the officer is assigned by the
president of the state institution of higher education.
(A) For the purpose of this subdivision, the campus police
officer is a law-enforcement officer pursuant to the provisions of
section one, article twenty-nine, chapter thirty of this code.
(B) The officer has and may exercise all the powers and
authority of a law-enforcement officer as to offenses committed
within the area assigned;
(C) The officer is subject to all the requirements and
responsibilities of a law-enforcement officer;
(D) Authority assigned pursuant to this subdivision does not
supersede in any way the authority or duty of other law-enforcement
officers to preserve law and order on such premises.
(E) Campus police officers may assist a local law-enforcement
agency on public highways. The assistance may be provided to
control traffic in and around premises owned by the state when:
(i) Traffic is generated as a result of athletic or other
activities conducted or sponsored by a state institution of higher education; and
(ii) The assistance has been requested by the local law-
(F) Campus police officers may assist a local law-enforcement
agency in any location under the agency's jurisdiction at the
request of the agency.
(d) The salary of a campus police officer is paid by the
appropriate governing board. Each state institution may furnish
each campus police officer with a firearm and an official uniform
to be worn while on duty. The institution shall furnish and
require each officer while on duty to wear a shield with an
appropriate inscription and to carry credentials certifying to the
person's identity and authority as a campus police officer.
(e) A governing board may at its pleasure revoke the authority
of any campus police officer and such officers serve at the will
and pleasure of the governing board. The president of the state
institution shall report the termination of employment of a campus
police officer by filing a notice to that effect in the office of
the clerk of each county in which the campus police officer's oath
of office was filed.
NOTE: The purpose of this bill is to permit persons who can
become bona fide residents of this state within ninety days of
their appointment to serve as campus police officers.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would