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Chapter 15     Entire Code
‹ Chapter 14  |  Chapter 16 › Printer Friendly Versions
Chapter 15  |  Article 15 - 3  |  Section 8
WVC 15 - CHAPTER 15. PUBLIC SAFETY.
WVC 15 - 3 - ARTICLE 3. COMMUNICATION SYSTEMS FOR POLICE PURPOSES.

WVC 15 - 3 - 1 §15-3-1. Communication system for department of public safety.
The superintendent of the department of public safety is authorized and empowered to establish such systems of communication for the department as may be appropriate, including one or more radio broadcasting stations in the state, one of which shall be at the departmental headquarters. Such systems shall be used for police purposes only. The superintendent is further authorized and empowered to provide for the purchase of the necessary apparatus and equipment, and of materials for the construction and maintenance of such systems, and shall be responsible for the operation, maintenance and conduct thereof.

WVC 15 - 3 - 2 §15-3-2. Radio transmitters operating on the state police frequency.
No person in this state shall operate any radio transmitter on any frequency assigned by the federal communications commission to the department of public safety unless authorized by the superintendent of the department of public safety. Such authorization may be revoked by the superintendent whenever he finds that such transmitter is being operated in violation of any law or of any rule and regulation promulgated by the superintendent.

WVC 15 - 3 - 3 §15-3-3. Use of police radio stations.
The superintendent of the department of public safety shall broadcast all police dispatches and reports submitted which, in his opinion, have a reasonable relation to or connection with the apprehension of criminals, the prevention of crime, or the maintenance of peace, safety and order in the state.

It shall be the duty of every sheriff and of the police authorities of every municipality to report to the superintendent such information as he may request and at the times and in the form requested.

WVC 15 - 3 - 4 §15-3-4. Priority of calls to police radio stations.
Every telegraph and telephone company operating in this state shall give priority to all messages or calls directed to the state police radio station or stations provided for in this article. A person responsible for failure to do so shall be guilty of a misdemeanor and upon conviction thereof fined not to exceed five hundred dollars.

WVC 15 - 3 - 5 §15-3-5. Use of information obtained by interceptions of transmissions on department of public safety communications system forbidden; penalties.
No person shall intercept any message or transmission made on or over any communications system established by the department of public safety and use the information obtained thereby to aid, abet or assist in committing a crime, or in violating any law of this state, or use the same in a manner which will interfere with the discharge of the department's operations.

Any person who violates any provision of this section or of section two of this article shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to confinement in the county jail for a period not to exceed one year or by a fine of an amount not to exceed five hundred dollars or by both such confinement and fine in the discretion of the court.

WVC 15 - 3 - 6 §15-3-6. Location of police radio stations.
The superintendent of the department of public safety is empowered to authorize a statewide survey, and to seek cooperation of the federal communications commission in the survey, to determine suitable locations for the state radio station or stations provided for in this article.

WVC 15 - 3 - 7 §15-3-7. Staffs of police radio stations.
The superintendent of the department of public safety may employ, establish the qualifications for and, within the limits of available funds, fix the salaries of radio engineers, radio technicians, radio operators, radio teletype operators and other personnel as may be necessary to effectuate the purposes of this article.

WVC 15 - 3 - 8 §15-3-8. Superintendent to make rules and regulations to carry out article.
The superintendent of the department of public safety shall have authority to prescribe and promulgate reasonable rules and regulations to carry out the purposes of this article.

WVC 15 - 3 - 9 §15-3-9. Jurisdiction of justices to enforce article.
Justices of the peace shall have concurrent jurisdiction with other courts in the enforcement of this article.

WVC 15 - 3 - 10 §15-3-10. Disclosure of location information; emergency situations.

  (a) Upon request of a law-enforcement agency, a wireless telecommunications carrier or internet account provider shall provide location information concerning the telecommunications device of the user to the requesting law-enforcement agency in order to respond to a call for emergency services or in an emergency situation that involves the risk of death or serious physical harm.

  (b) Notwithstanding any other provision of law to the contrary, nothing in this section prohibits a wireless telecommunications carrier or internet account provider from establishing protocols to respond to a law enforcement agency request for location information in an emergency situation or a call for emergency services.

  (c) No cause of action shall lie in any court against any wireless telecommunications carrier or internet account provider, its officers, employees, agents or other specified persons for providing location information while acting in good faith and in accordance with the provisions of this section.

  (d) (1) All wireless telecommunications carriers or internet account providers registered to do business in the State of West Virginia or submitting to the jurisdiction thereof and all resellers of wireless telecommunications services shall submit their emergency contact information to the West Virginia State Police in order to facilitate requests from a law-enforcement agency for location information in accordance with this section. This contact information must be submitted annually by June 15th or immediately upon any change in contact information.

  (2) The State Police shall maintain a database containing emergency contact information for all wireless telecommunications carriers or internet account providers registered to do business in the State of West Virginia and shall make the information immediately available upon request to all public safety answer points in the state.

  (e) The Superintendent of the West Virginia State Police shall prescribe and promulgate reasonable rules to fulfill the requirements of this section no later than July 1, 2014.

  (f) This section shall be known and may be cited as the "Kelsey Smith Act."

Note: WV Code updated with legislation passed through the 2014 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.


Recent legislation affecting the Code

Citation Year/Session Short Title
§15 - 2 - 24 - (Amended Code)
SENATE BILL - 88
PASSED - Regular Session

SB88 SUB2 enr  (Uploaded - 03/25/2015)
Creating WV Clearance for Access: Registry and Employment Screening Act
§15 - 5 - 19 B - (New Code)
SENATE BILL - 242
PASSED - Regular Session

SB242 SUB1 enr  (Uploaded - 03/22/2015)
Creating criminal penalties for certain automated telephone calls during state of emergency or preparedness
§15 - 5 - 6 A - (New Code)
SENATE BILL - 243
PASSED - Regular Session

SB243 SUB2 enr  (Uploaded - 03/19/2015)
Relating to school nutrition standards during state of emergency or preparedness
§15 - 8 - 1 - (Repealed Code)
§15 - 8 - 2 - (Repealed Code)
§15 - 8 - 3 - (Repealed Code)
§15 - 8 - 4 - (Repealed Code)
§15 - 8 - 5 - (Repealed Code)
§15 - 8 - 6 - (Repealed Code)
§15 - 8 - 7 - (Repealed Code)
§15 - 8 - 8 - (Repealed Code)
§15 - 8 - 9 - (Repealed Code)
§15 - 8 - 10 - (Repealed Code)
§15 - 8 - 11 - (Repealed Code)
§15 - 8 - 12 - (Repealed Code)
SENATE BILL - 255
PASSED - Regular Session

SB255 SUB1 enr  (Uploaded - 03/01/2015)
Eliminating certain boards, councils, committees, panels, task forces and commissions
§15 - 5 - 28 - (Amended Code)
SENATE BILL - 294
PASSED - Regular Session

sb294 enr  (Uploaded - 03/12/2015)
Eliminating certain unnecessary, inactive or redundant councils, committees and boards
§15 - 2 A- 9 - (Amended Code)
§15 - 2 A- 10 - (Amended Code)
SENATE BILL - 299
PASSED - Regular Session

sb299 enr  (Uploaded - 03/02/2015)
Clarifying start date of State Police duty-related and nonduty related disability payments
§15 - 2 - 54 - (New Code)
§15 - 2 A- 23 - (New Code)
SENATE BILL - 342
PASSED - Regular Session

sb342 sub1 enr  (Uploaded - 03/30/2015)
Clarifying scope, application and requirements for error corrections by CPRB
§15 - 9 - 1 - (Amended Code)
§15 - 9 - 2 - (Amended Code)
§15 - 9 - 3 - (Amended Code)
§15 - 9 - 5 - (Amended Code)
§15 - 9 - 6 - (New Code)
§15 - 9 A- 1 - (Amended Code)
§15 - 9 A- 2 - (Amended Code)
§15 - 9 A- 3 - (Amended Code)
§15 - 9 B- 1 - (Amended Code)
§15 - 9 B- 2 - (Amended Code)
SENATE BILL - 370
PASSED - Regular Session

sb370 enr  (Uploaded - 03/19/2015)
Reorganizing Governor's Committee on Crime, Delinquency and Correction and certain subcommittees
§15 - 10 - 3 - (Amended Code)
§15 - 10 - 4 - (Amended Code)
SENATE BILL - 508
PASSED - Regular Session

sb508 enr  (Uploaded - 03/12/2015)
Reorganizing Hatfield-McCoy Regional Recreation Authority
§15 - 2 A- 21 - (Amended Code)
SENATE BILL - 529
PASSED - Regular Session

SB529 SUB1 enr2  (Uploaded - 03/30/2015)
SB529 SUB1 enr  (Uploaded - 03/30/2015)
Relating to PERS, SPRS and TRS benefits and costs
§15 - 1 F- 7 - (Amended Code)
HOUSE BILL - 2224
PASSED - Regular Session

hb2224 enr  (Uploaded - 03/22/2015)
Providing that historical reenactors are not violating the provision prohibiting unlawful military organizations
§15 - 2 A- 3 - (Amended Code)
HOUSE BILL - 2505
PASSED - Regular Session

HB2505 ENR SUB  (Uploaded - 03/15/2015)
Relating to retirement system participation and concurrent employment provisions
§15 - 2 - 3 - (Amended Code)
HOUSE BILL - 2523
PASSED - Regular Session

hb2523 enr  (Uploaded - 03/05/2015)
Creating a special revenue account to offset costs for the West Virginia State Police 100th Anniversary in 2019
Note: WV Code updated with legislation passed through the 2014 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.
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