SB 660 — Providing for cooperation between law-enforcement agencies and military authorities

SB660 HFAHFAT Steele 4-9 #2 Schiffour 3289   Delegate Steele moved to amend the bill on page 1 by striking everythingout after the enactingtitle clause and insertingsubstituting intherefor lieua thereofnew thetitle, following:to read as follows:

“ArticleEng. 10.

CooperationCom. Between Law-Enforcement Agencies.

§15-10-7.Sub.

CooperationFor withSenate militaryBill authorities.No.

(a)660 Unless– otherwiseA prohibitedBILL byto thisamend code, the headCode of aWest law-enforcementVirginia, agency1931, or head of a campus police department, as thoseamended, positionsby areadding definedthereto inthree §15-10-3new ofsections, thisdesignated code,§15-10-7, may§15-10-8, assignand law-enforcement§15-10-9, personnelall underrelating hisgenerally or her command to provideproviding assistance,for cooperation,cooperation andbetween informationcivilian tolaw-enforcement theagencies Nationaland Guardmilitary ofauthorities thisto statefacilitate orobjective anyindependent serviceinvestigations component of thepossible Unitedoffenses; States Department of Defense located in this state upon the written request of the Adjutant General or the commanding officer of the unit or facility.

(b)authorizing The assistance authorizedfor bycertain subsectioninstances; (a) of this section may be provided for:

(1)prohibiting Allegedany violationscivilian oflaw theenforcement federalofficer andfrom stateassisting Codesmilitary ofauthorities Militaryto Justice;investigate or enforce crimes relating to federal firearms laws;

(2)prohibiting Allegedcivilian violationslaw ofenforcement thefrom criminalbeing lawscommandeered ofby themilitary Unitedauthorities Statesto andinvestigate thecertain Statecrimes ofrelating Westto Virginiafirearms; when those involve military property and personnel;

(3)permitting Investigationslocal andlaw otherenforcement actions related to reportsenforce policies of sexualthe assaultlaw orenforcement sexualagency harassment,and to include any caseslocal oflaw reprisal or retaliation;policy;

and (4)clarifying Violationsthat ofthe militaryprovisions directives,are regulations,severable. or instruction.

(c) The purpose of this section is to support the military by providing it objective, qualified, law-enforcement services.

(d) It shall be unlawful for any law enforcement officer employed by the State of West Virginia, or, by any municipality, or political subdivision, of the same, to cooperate with the National Guard of this state, or any other service component of the United States Department of Defense, to investigate, or enforce, any crimes relating to any federal act, law, order, rule, or regulation regarding a firearm, firearm accessory, or ammunition if the act, law, order, rule, or regulation does not exist does under the laws of this state or is not substantially similar to a law of this state.

§15-10-8 Non-commandeering of civilian law enforcement agencies by military authorities.

(a) Other than compliance with an order of a court of this state, notwithstanding any law, regulation, rule, or order to the contrary, no agency of this state, political subdivision of this state, or employee of an agency or political subdivision of this state acting in his or her official capacity may not use agency or department moneys or personnel to investigate, interrogate, detain, detect, or aid the National Guard of this state, or any other service component of the United States Department of Defense in whole or in part or arrest persons for federal law enforcement purposes, including any of the following:

(1) Inquiring into an individual’s ownership regarding a firearm, firearm accessory, or ammunition, if the act, law, order, rule, or regulation for which the individual is suspected to be in violation does not exist under the laws of this state nor is substantially similar to a law of this state;

(2) Detaining an individual on the basis of a hold request related solely to an alleged federal firearm violation;

(3) Providing personal information about an individual, including, but not limited to, the individual’s home address or work address if that information is required for the purpose of furthering a federal firearm investigation into a violation of federal firearm law that is not otherwise unlawful in West Virginia, unless that information is available to the public;

(4) Making or intentionally participating in arrests based strictly on a federal firearm law that differs from or is not substantially similar to a West Virginia law;

(5) Performing the functions of an agent or officer of the federal Bureau of Alcohol, Tobacco, Firearms and Explosives, whether pursuant to any other law, regulation, or policy, whether formal or informal, if such function is to knowingly and willingly participate in any way in the enforcement of any federal act, law, order, rule, or regulation regarding a firearm accessory or ammunition if the act, law, order, rule or regulation does not exist in the laws of the State of West Virginia or is not substantially similar to a law of West Virginia;

(6) Placing law enforcement officers under the supervision of the National Guard of this state, or any other service component of the United States Department of Defense or employ law enforcement officers deputized as special federal officers or special federal deputies for purposes of federal firearm law enforcement unless the act, law, order, rule, or regulation for which such enforcement is sought is the same as or substantially similar to a law of West Virginia.

All law enforcement officers remain subject to West Virginia law governing conduct of law enforcement officers and the policies of the employing agency;

(7) Providing office space exclusively dedicated for federal authorities for use within a municipal or county law enforcement facility for the purpose of federal firearms regulation enforcement;

or (8) Utilizing any assets, state funds, or funds allocated by the state to local entities on or after the effective date of this article, in whole or in part, to engage in any activity that aids the National Guard of this state, or any other service component of the United States Department of Defense in the enforcement or any investigation pursuant to the enforcement of any federal act, law, order, rule, or regulation regarding a firearm, firearm accessory, or ammunition if the act, law, order, rule, or regulation does not exist under the laws of this state or is not substantially similar to a law of this state.

(b) Notwithstanding the limitations in subsection (a) of this section, this section does not prevent any West Virginia law enforcement agency from doing any of the following that does not violate any policy of the law enforcement agency or any local law or policy of the jurisdiction in which the agency is operating:

(1) Investigating, enforcing, or detaining upon reasonable suspicion of, or arresting for a violation of state law that is detected during an unrelated law enforcement activity.

(2) Responding to a request from the National Guard of this state, or any other service component of the United States Department of Defense for information about a specific person’s criminal history, including previous criminal arrests, convictions, or similar criminal history information, or where otherwise permitted by state law.

(3) Conducting enforcement or investigative duties associated with a joint law enforcement task force, including the sharing of confidential information with other law enforcement agencies, including the National Guard of this state, or any other service component of the United States Department of Defense for purposes of task force investigations, and shall serve as immunity for involved officers against prosecution so long as the following conditions are met:

(A) The primary purpose of the joint law enforcement task force is not federal firearm law enforcement;

and (B) The enforcement or investigative duties are primarily related to a violation of state or federal law unrelated to federal firearm law enforcement.

§15-10-9 Severability.

If any provision of this article or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this article, and to this end the provisions of this article are declared to be severable.