SB 225 — Expanding powers of National Park Service law-enforcement officers

SB225 HSFAT JudMartin AM#1 #1Morgan4-11Nichols 3345 The 7892 Senator CommitteeMartin on the Judiciary moved to amend the committeebill substitute by striking everythingout after the enactingtitle clause and insertingsubstituting intherefor lieua thereofnew thetitle, following: “ARTICLEto 10.read as follows:Eng.

COOPERATIONCom. BETWEEN LAW-ENFORCEMENT AGENCIES.

§15-10-5.Sub.

for Senate Bill 225—A BILL to amend and reenact §15-10-5 of the Code of West Virginia, 1931, as amended, relating to incorporating in subsection (b) the following additional full time federal law enforcement officers of the United States government who are authorized to carry firearms while performing their duties in furtherance of the allowances contained in subsection (a) of this section of the code- United States Fish and Wildlife special agents and law enforcement, Diplomatic Security Service special agents, Coast Guard special agents, Customs and Border Protection law-enforcement agents and officers, Department of Defense special agents, Federal officers’Protective peace-keepingService authority.officers, Federal Bureau of Prisons officers, and Immigration and Customs Enforcement special agents and law-enforcement;

(a)also Notwithstandingrelating anyto provisionexpanding the powers of thislaw-enforcement codeofficers toof the contrary,National anyPark personService whoand is employed by the United States governmentForest asService ato federalinclude law-enforcementthe officerauthority andto isarrest, listedconduct insearches, subsectionconduct (b)seizures ofand this section, has the same authority to enforce theall laws of this state, except state orand localalso trafficestablishes lawsthat orthese parkingofficers ordinances,will ashave thatthe authority granted to stateundertake oran localindependent law-enforcementinvestigation officers,pursuant ifto onethat orauthority morebut ofonly thefor followingactivities circumstancesoccurring exist:(1)on Thelands federalmanaged law-enforcementand officeroverseen is requested to provide temporary assistance by the headNational ofPark aService state or local law-enforcement agency or the designeeUnited ofStates theForest headService.  AdoptedRejected   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;(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) (9) Department of Veterans Affairs Police and Department of Veterans Affairs special investigators;(11) (10) Office of Inspector General special agents;

and(12) (11) Federal Air Marshals with the Federal Air Marshal Service;(12) United States Fish and Wildlife Service special agents and law enforcement.(13) Diplomatic Security Service special agents;(14) Coast Guard special agents;(15) Customs and Border Protection law-enforcement agents and officers;(16) Department of Defense special agents;(17) Federal Protective Service officers;(18) Federal Bureau of Prisons officers;

and(19) Immigration and Customs Enforcement special agents and law-enforcement.(c) Notwithstanding any provision of this code to the contrary, law enforcement commissioned rangers of the National Park Service have the powers of arrest, search, and seizure as to any offense under the laws of this state committed within the boundaries of a national park, national recreation area, or on other real property included in the National Park System.(d) Notwithstanding any provision of this code to the contrary, law enforcement officers and special agents commissioned by the United States Forest Service have the powers of arrest, search, and seizure as to any offense under the laws of this state committed within the boundaries of national forests or on other real property managed or overseen by the United States Forestry Service and while acting in the scope of their official duties on such federally managed lands.

  (c) (e) 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:

Provided, That law enforcement commissioned rangers of the National Park Service and  law enforcement officers and special agents commissioned by the United States Forest Service may undertake an independent investigation pursuant to the authority described in subsections (c) and (d) of this section:

Provided, however, That nothing in this section shall be construed to permit law enforcement officers of the National Park Service, or the United States Forest Service, to initiate or conduct investigations unrelated to activities occurring on federal lands managed or overseen by the National Park Service or the United States Forest Service;(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.” AdoptedRejected