HB 4297 — Law Enforcement Officers Safety Act

WEST VIRGINIA LEGISLATURE REGULAR SESSION ENGROSSEDENROLLED House Bill 4297 ByB DelegatesYD Brooks,ELEGATESB Chiarelli,ROOKS Hott,, Kelly,HIARELL, Kirby,OTT Mallow,, Maynor,ELLY, IRBY, MALLOW , MAYNOR, E.

Pritt,RIT, SteeleSTEELE andANDD DeVaultEVAULT [Introduced[Passed JanuaryMarch 10,9, 2024;

Referredin toeffect theninety Committeedays onfrom Jailspassage.] andEnr Prisons then the Judiciary] Eng HB 4297 AAN BILLACT to amend and reenact §15A-3-10 of the Code of West Virginia, 1931, as amended;amended, relating to recognizing that certain designated correctional officers are law enforcement officers for purposes of the Law Enforcement Officers Safety Act,18 U.S.C.§926B;

relatingestablishing torequirements recognizingfor theeligibility; law-enforcement powers of correctional officers employed by the Division of Corrections and Rehabilitation;

providingsetting thatforth suchtraining officers are not subject to certain certification requirements;

authorizingstating the commissionerintent toof consult with the LawLegislature; Enforcement Professional Standards Subcommittee with regard to training;

clarifyingand powersdeclaring that the Commissioner of arrest;Corrections has discretion as to eligibility and operation of the program.

and clarifying application of the federal Law Enforcement Officers Safety act to eligible employees.

(a) Other than as As outlined in this section, a correctional officer employed by the division is not a law-enforcement officer as that term is defined in §30-29-1 of this code:code.

Provided,(b) ThatThe suchcommissioner law-enforcementis officersa wholaw-enforcement haveofficial, successfullyand completedmay, theand appropriatepermit trainingand programallow foror correctionaldisallow officershis establishedor byher thedesignated commissioneremployees pursuant to §15A-3-4use, ofpublicly thisprovided codecarriage are not subject to thetravel certificationfrom requirementstheir setresidences forthto intheir §30-29-1workplace etand seq.return:

of this code:

Provided, however, That the commissioner may consult with the Law Enforcement Professional Standards Subcommittee of the Governor's Committee on Crime, Delinquency and Correction when designing his or her law-enforcement officer training course specifically for correctional officers:

Provided further, That nothing in this subsection shall be construed as expanding the scope of the law-enforcement powers granted to a correctional officer, correctional peace officer, or Corrections Special Operations Team officer by the provisions of this section.

(b) The commissioner is a law-enforcement official, and has the authority to use, and permit and allow or disallow his or her designated employees to use, publicly provided carriage to travel from their residences to their workplace and return:

Eng HB 4297 (c) All employees of the division are responsible for enforcing rules and laws necessary for the control and management of correctional units and the maintenance of public safety that is within the scope of responsibilities of the division.

(d) Persons employed by the Division of Corrections and Rehabilitation as correctional officers aremay authorized and empowered to make arrests of persons already charged with a violation of law who surrender themselves to the correctional officer, to arrest persons already in the custody of the division for violations of law occurring in the officer’s presence, to detain or arrest persons for violations of state law committed on the property of any facility under the jurisdiction of the commissioner, and to conduct investigations, pursue, and apprehend escapees from the custody of a facility of the division.

Enr HB 4297 (e) The commissioner may designate correctional employees as correctional peace officers who havemay: the authority:

(1) ToDetain detain persons for violations of state law committed on the property of any state correctional institution;

(2) ToConduct conduct investigations regarding criminal activity occurring within a correctional facility;

(3) ToExecute execute criminal process or other process in furtherance of these duties;

and (4) ToApply apply for, obtain, and execute search warrants necessary for the completion of histheir or her duties and responsibilities.

Provided, That at any time the Corrections Eng HB 4297 Special Operations Team is apprehending an escapee or an absconder outside the confinement of the facility grounds, it does so with the assistance and cooperation of local law enforcement or the West Virginia State Police.

(g) Notwithstanding any provision ofofthis thiscodeto code to the contrary, the commissioner may issue a certificate authorizing any correctional employee who has successfully completed the division’s training program for firearms certification to carry a firearm in the performance of his or her official duties.

Any correctional employee authorized to do so by the commissioner may carry division-issued firearms while in the performance of his or her official duties, which shall include travel to and Enr HB 4297 from work sites.

(h) TheIn provisionsrecognition of §30-29-12the duties of their employment supervising the confinement and transportation of inmates, and their arrest powers referenced in this codesection shallwhich applyconstitute tolaw allenforcement, correctional officers employedwith by the divisionpower whoto obtainarrest and maintainwho hishave orbeen herauthorized certificateto issuedcarry pursuantfirearms by the Commissioner are determined to subsectionbe (g)qualified oflaw-enforcement thisofficers section.as that term is used in 18 U.S.C.

§ 926B.

(i) Any state designated correctional officer may carry a concealed firearm for self-defense purposes pursuant to the provisions of 18 U.S.C.

§ 926B, if the following criteria are met:

(1) The Commissioner of Corrections has a written policy authorizing correctional officers to carry a concealed firearm for self-defense purposes;

(2) There is in place a requirement that the designated correctional officers annually qualify in the use of a firearm with standards for qualification which are equal to, or exceed, those required of sheriff's deputies by the Law-Enforcement Professional Standards Program;

(3) The Commissioner issues a photographic identification and certification card which identify the designated correctional officers as qualified law-enforcement employees pursuant to the provisions of this subsection.

(j) Any policy instituted pursuant to this section shall include provisions which:

(1) Preclude or remove a person from participation in the concealed firearm program;

(2) Preclude from participation persons prohibited by federal or state law from possessing or receiving a firearm and;

(3) Prohibit persons from carrying a firearm pursuant to the provisions of this subsection while in an impaired state as defined in §17C-5-2 of this code.

Enr HB 4297 (k) Any designated correctional officer who participates in a program authorized by the provisions of this subsection is responsible, at his or her expense, for obtaining and maintaining a suitable firearm and ammunition.

(l) It is the intent of the Legislature in enacting the amendments to this section during the 2024 regular session of the Legislature to authorize designated correctional officers wishing to do so to meet the requirements of the federal Law-Enforcement Officer's Safety Act, 18 U.S.C.

§ 926B.

(m) The privileges authorized by the amendments to this section enacted during the 2024 regular session of the Legislature are wholly within the discretion of the Commission.

Enr HB 4297 The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled.