West Virginia SB 614: Extending jurisdiction of School Safety Unit

Bill Text

WEST virginia legislature

2023 regular session

Introduced

Senate Bill 614

By Senators Tarr, Woelfel, and Deeds

[Introduced February 14, 2023; referredto the Committee on the Judiciary]





	

A BILL to amend and reenact §15-2D-1, §15-2D-2, and §15-2D-3 of the Code of West Virginia, 

1931, as amended, relating to modifying the language in the statutes to extend the jurisdiction of the School Safety Unit of the Division of Protective Services, Capitol Police, to provide services to schools, such as primary, secondary, and post-secondary schools, whether public or private, for purposes of school safety and compliance throughout the state; and providing to extend the jurisdiction of the officers assigned to the School Safety Unit of the Division of Protective Services, Capitol Police, to have statewide jurisdiction in order to respond to and investigate matters of school safety.  

Be it enacted by the Legislature of West Virginia:

ARTICLE 2D. DIVISION OF PROTECTIVE SERVICES.

§15-2D-1. Legislative findings.

	The Legislature finds and declares that citizens, state employees and visitors who park, attend functions, conduct business or work at the capitol complex and other state facilities should be safe and secure. The Legislature further finds and declares that it is in the public interest to establish a division within the Department of Military Affairs and Public Safety Homeland Security for the purpose of providing safety and security to individuals who visit, conduct business or work at the capitol complex and other state facilities. The legislature further finds there is a compelling interest in the safety of school facilities throughout the state and that it is in the public interest to dedicate within the West Virginia Department of Homeland Security a law enforcement unit focused on school safety matters.  For purposes of this article only, references to state facilities shall include all primary, secondary, and post-secondary schools, whether public or private. 

§15-2D-2. Duties and powers of the director and officers.

(a) The state facilities protection division within the Department of Military Affairs and Public Safety Homeland Security shall hereafter be designated the Division of Protective Services. The purpose of the division is to provide safety and security at the capitol complex and other state facilities:  Provided, That nothing in this section shall be construed as limiting the law-enforcement authority of the division set forth in §15-2d-3 of this code.

(b) The Governor shall appoint, with the advice and consent of the Senate, the director of the division whose qualifications shall include at least 10 years of service as a law-enforcement officer with at least three years in a supervisory law-enforcement position, the successful completion of supervisory and management training, and the professional training required for police officers at the West Virginia state police academy or an equivalent professional law-enforcement training at another state, federal or United States Military institution.

§15-2D-3. Duties and powers of the director and officers.

The director is responsible for the control and supervision of the division. The director

and any officer of the division specified by the director may carry designated weapons and have the same powers of arrest and law enforcement in Kanawha County as members of the West Virginia State Police as set forth in §15-2-12(b) and §15-2-12(d) of this code. The director and designated officers any officer of the division shall also have such powers throughout the State of West Virginia in investigating and performing law-enforcement duties for offenses committed on the Capitol Complex or related to the division’s security and protection duties at the Capitol Complex and throughout the state relating to offenses and activities occurring on any property owned, leased, or operated by the State of West Virginia when undertaken at the request of the agency occupying the property: Provided, That nothing in this article shall be construed as to obligate the director or the division to provide, or be responsible for providing, security at state facilities outside the Capitol Complex. 

(b) The director shall establish a School Safety Unit within the Division of Protective Services.  Officers shall be assigned to the School Safety Unit at the discretion of the director.    The officers assigned to the School Safety Unit shall primarily be charged to make school safety inspections and to make recommendations to appropriate county school superintendents, principals, or other school administrators regarding school safety.  The officers assigned to the School Safety Unit shall also be authorized to respond to and investigate all school safety matters, in consultation with county boards of education: Provided, That any officer of the School Safety Unit shall have statewide jurisdiction and powers of general law enforcement and arrest for violation