Bill Summary – FastDemocracy

WEST VIRGINIA LEGISLATURE
REGULAR SESSION
                Introduced House Bill 5645
               By Delegate Brooks [Introduced February 13, 2024; Referred to the Committee on the Judiciary]
     Intr HB                                       2024R3804
  A BILL to amend and reenact §15-10-5 of the Code of West Virginia, 1931, as amended, relating to
            granting additional local and state law enforcement privileges to commissioned law
            enforcement officers of the National Park Service.
     Be it enacted by the Legislature of West Virginia:
     ARTICLE         10.   COOPERATION          BETWEEN         LAW-ENFORCEMENT             AGENCIES.
     §15-10-5.              Federal officers'             peace-keeping authority.
            (a) Notwithstanding any provision of this code to the contrary, any person who is employed
  by the United States government as a federal law-enforcement officer and is listed in subsection
  (b) of this section, has the same authority to enforce the laws of this state, except state or local
  traffic laws or parking ordinances, as that authority granted to state or local law-enforcement
  officers, if one or more of the following circumstances exist:
            (1) The federal law-enforcement officer is requested to provide temporary assistance by
  the head of a state or local law-enforcement agency or the designee of the head of the agency and
  that request is within the state or local law-enforcement agency’s scope of authority and
  jurisdiction and is in writing: Provided, That the request does not need to be in writing if an
 emergency situation exists involving the imminent risk of loss of life or serious bodily injury;
           (2) The federal law-enforcement officer is requested by a state or local law-enforcement
 officer to provide the officer temporary assistance when the state or local law-enforcement officer
 is acting within the scope of the officer’s authority and jurisdiction and where exigent
 circumstances exist; or
           (3) A felony is committed in the federal law-enforcement officer’s presence or under
 circumstances indicating a felony has just occurred.
           (b) This section applies to the following persons who are employed as full-time federal law-
 enforcement officers by the United States government and who are authorized to carry firearms
 while performing their duties:
           (1) Federal Bureau of Investigation special agents;
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     Intr HB                                       2024R3804
           (2) Drug Enforcement Administration special agents;
           (3) United States Marshal’s Service marshals and deputy marshals;
           (4) United States postal service inspectors;
           (5) Internal revenue service special agents;
           (6) United States secret service special agents;
           (7) Bureau of alcohol, tobacco, and firearms special agents;
           (8) Police officers employed at the Federal Bureau of Investigation's criminal justice
 information services division facility located within this state;
           (9) Law enforcement commissioned rangers of the National Park Service;
           (10) Department of Veterans Affairs Police and Department of Veterans Affairs special
 investigators;
           (11) Office of Inspector General special agents; and
           (12) Federal Air Marshals with the Federal Air Marshal Service.
           (c) Any person acting under the authority granted pursuant to this section:
           (1) Has the same authority and is subject to the same exemptions and exceptions to this
 code as a state or local law-enforcement officer;
           (2) Is not an officer, employee, or agent of any state or local law-enforcement agency;
           (3) May not initiate or conduct an independent investigation into an alleged violation of any
 provision of this code except to the extent necessary to preserve evidence or testimony at risk of
 loss immediately following an occurrence described in subdivision (3), subsection (a) of this
 section;
           (4) Is subject to 28 U.S.C. § 1346, the Federal Tort Claims Act; and
           (5) Has the same immunities from liability as a state or local law-enforcement officer.
           (d) A commissioned law enforcement officer of the National Park Service has the powers of
 arrest, search, and seize as to any offenses under the laws of this state committed in a national
 park or national recreation area. In this subsection, "national park or national recreation area"
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     Intr HB                                         2024R3804
 means a national park or national recreation area included in the National Park System as defined
 by 54 U.S.C. Section 100102.
               NOTE: The purpose of this bill is to grant additional local and state law enforcement privileges to commissioned law enforcement officers of the National Park Service.
               Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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Statutes affected: 
Introduced Version: 15-10-5