Bill Text: WV HB4540 | 2020 | Regular Session | Introduced
Bill Title: Authorizing the appointment, qualifications, certification, authority, compensation, and training of hospital police officers
Spectrum: Slight Partisan Bill (Republican 5-2)
Status: (Introduced - Dead) 2020-01-31 - To House Finance [HB4540 Detail]
Download: West_Virginia-2020-HB4540-Introduced.html
WEST virginia legislature
2020 regular session
Introduced
House Bill 4540
By Delegates Capito, Miller, Shott, Kelly, Graves, Byrd and Nelson
[Introduced January 24,
2020; Referred to the Committee on the Judiciary then Finance]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5B-19; to amend and reenact §17C-1-6 of said code; and to amend and reenact §30-29-1, §30-29-5, and §30-29-8 of said code, all relating to the authorization by governing boards of public and private hospitals to appoint and employ hospital police officers, providing for the qualifications, training, authority, compensation, and removal of hospital police officers; allowing for the assistance of local law-enforcement agencies upon request; and providing limitations on liability of hospital police officers.
Be it enacted by the Legislature of West Virginia:
Chapter 16. Public Health.
ARTICLE 5B. HOSPITALS AND SIMILAR INSTITUTIONS.
§16-5B-19. Hospital police departments; appointment of hospital police officers; qualifications; authority; compensation and removal; law enforcement grants; limitations on liability.
(a) The governing board of a hospital licensed under §16-5B-2 of this code may establish a hospital police department and appoint qualified individuals to serve as hospital police officers upon any premises owned or leased by the hospital and under the jurisdiction of the governing board, subject to the conditions and restrictions established in this section.
(1) A person who fulfills the certification requirements for law-enforcement officers under §30-29-5 of this code is considered qualified for appointment as a hospital police officer.
(2) A retired police officer may qualify for appointment as a hospital police officer if he or she meets the certification requirements under §30-29-5 of this code.
(3) Before performing duties as a hospital police officer in any county, a person shall qualify as is required of county police officers by:
(A) Taking and filing an oath of office as required by §6-1-1 et seq. of this code; and
(B) Posting an official bond as required by §6-2-1 et seq. of this code.
(b) A hospital police officer may carry a gun and any other dangerous weapon while on duty if the officer fulfills the certification requirement for law-enforcement officers under §30-29-5 of this code.
(c) It is the duty of a hospital police officer to preserve law and order:
(1) On the premises under the jurisdiction of the governing board and its affiliated properties; and
(2) On any street, road, or thoroughfare, except controlled access highways, immediately adjacent to or passing through the premises under the jurisdiction of the governing board, to which the officer is assigned by the chief executive officer or his or her designee: Provided, That a hospital police officer may only enforce the provisions of §17C-2-3 of this code upon request of a local law-enforcement agency.
(A) For the purposes of this subdivision, the hospital police officer is a law-enforcement officer pursuant to the provisions of §30-29-1 et seq. of this code;
(B) The hospital police officer has and may exercise all the powers and authority of a law-enforcement officer as to offenses committed within the area assigned;
(C) The hospital police officer is subject to all the requirements and responsibilities of a law-enforcement officer;
(D) Authority assigned pursuant to this subdivision does not supersede in any way the authority or duty of other law-enforcement officers to preserve law and order on such hospital premises;
(E) Hospital police officers may assist a local law-enforcement agency on public highways. The assistance may be provided to control traffic in and around premises owned by the state or political subdivision when:
(i) Traffic is generated as a result of activities or events conducted or sponsored by the hospital;
(ii) The assistance has been requested by the local law-enforcement agency; and
(F) Hospital police officers may assist a local law-enforcement agency in any location under the agency’s jurisdiction at the specific request of the agency; and
(G) Hospital police officers shall enforce the general policies and procedures of the hospital as established by the chief executive officer or his or her designee.
(d) The salary of a hospital police officer is paid by the employing hospital’s governing board. The hospital shall furnish each hospital police officer with a firearm and an official uniform to be worn while on duty. The hospital shall furnish and require each officer while on duty to wear a shield with the appropriate inscription and to carry credentials certifying the person’s identity and authority as a hospital police officer.
(e) The governing board of the employing hospital may at its pleasure revoke the authority of any hospital police officer and such officers serve at the will and pleasure of the governing board. The chief executive officer of the hospital or his or her designee shall report the termination of employment of a hospital police officer by filing a notice to that effect in the office of the clerk of each county in which the hospital police officer’s oath of office was filed.
(f) Notwithstanding any other provisions of this code to the contrary, and only for the purposes of enhancing the ability of hospital police officers to perform their duties, a governing board of a hospital may apply for and receive any public or private grant or other financial award that is available to other law-enforcement agencies in the state.
(g) For the purpose of hospital police officers appointed and established in this section, the civil service provisions of §8-14-1 et seq. of this code and the investigation and interrogation provisions of §8-14A-1 et seq. of this code shall not apply.
(h) A hospital police officer is immune from civil liability unless one of the following applies:
(1) His or her acts or omissions were manifestly outside the scope of employment or official responsibilities;
(2) His or her acts or omissions were with malicious purpose, in bad faith, or in a wanton or reckless manner; or
(3) Civil liability is expressly imposed upon the hospital police officer by any other provision of this code.
(i) In any civil action involving a hospital police officer as a party defendant, the provisions of §29-12A-7 of this code shall apply.
Chapter 17C. Traffic regulations and laws of the road.
Article 1. Words and phrases defined.
§17C-1-6. Authorized emergency vehicle.
“Authorized emergency vehicle” means vehicles of a fire department, duly chartered rescue squad, police department, ambulance service, hospital police department, state, county or municipal agency and such privately owned ambulances, tow trucks, wreckers, flag car services, vehicles providing road service to disabled vehicles, service vehicles of a public service corporation, postal service vehicles, snow removal equipment, Class A vehicles of firefighters, Class A vehicles of members of ambulance services, and Class A vehicles of members of duly chartered rescue squads, and all other emergency vehicles as are designated by the agency responsible for the operation and control of these persons or organizations. Class A vehicles are as defined by §17A-10-1 of this code. Agency authorization and emergency equipment are defined in §17C-15-26 of this code. Agencies responsible for issuing authorization for emergency vehicle permits may promulgate such regulations that are necessary for the issuance of permits for emergency vehicles.
Chapter 30. Professions and Occupations.
Article 29. Law-Enforcement Training and Certification.
§30-29-1. Definitions.
For the purposes of this article, unless a different meaning clearly appears in the context:
(1) “Approved law-enforcement training academy” means any
training facility which is approved and authorized to conduct law-enforcement
training as provided in this article;
(2) “Chief executive” means the Superintendent of the
State Police; the chief natural resources police officer of the Division of
Natural Resources; the sheriff of any West Virginia county; any administrative
deputy appointed by the chief natural resources police officer of the Division of
Natural Resources; or the chief of any West Virginia municipal law-enforcement
agency;
(3) “County” means the 55 major political subdivisions of
the state;
(4) “Exempt rank” means any noncommissioned or
commissioned rank of sergeant or above;
(5) “Governor’s Committee on Crime, Delinquency, and
Correction” or “Governor’s committee” means the Governor’s Committee on Crime,
Delinquency, and Correction established as a state planning agency pursuant to
§15-9-1 of this code;
(6) “Law-enforcement officer” means any duly authorized
member of a law-enforcement agency who is authorized to maintain public peace
and order, prevent and detect crime, make arrests, and enforce the laws of the
state or any county or municipality thereof, other than parking ordinances, and
includes those persons employed as campus police officers at state institutions
of higher education in accordance with the provisions of §18B-4-5 of this code,
persons employed as hospital police officers in accordance with the
provisions of §16-5B-19 of this code, and persons employed by the Public
Service Commission as motor carrier inspectors and weight-enforcement officers
charged with enforcing commercial motor vehicle safety and weight restriction
laws, although those institutions and agencies may not be considered
law-enforcement agencies. The term also includes those persons employed as
county litter control officers charged with enforcing litter laws: Provided,
That those persons have been trained and certified as law-enforcement officers
and that certification is currently active. The term also includes those
persons employed as rangers by resort area districts in accordance with the
provisions of §7-25-23 of this code, although no resort area district may be
considered a law-enforcement agency: Provided, however, That the
subject rangers shall pay the tuition and costs of training. As used in this
article, the term “law-enforcement officer” does not apply to the chief
executive of any West Virginia law-enforcement agency or any watchman or
special natural resources police officer;
(7) “Law-enforcement official” means the duly appointed
chief administrator of a designated law-enforcement agency or a duly authorized
designee;
(8) “Municipality” means any incorporated town or city
whose boundaries lie within the geographic boundaries of the state;
(9) “Subcommittee” or “law-enforcement professional
standards subcommittee” means the subcommittee of the Governor’s Committee on
Crime, Delinquency, and Correction created by §30-29-2 of this code; and
(10) “West Virginia law-enforcement agency” means any duly
authorized state, county, or municipal organization employing one or more
persons whose responsibility is the enforcement of laws of the state or any
county or municipality thereof: Provided, That neither the Public
Service Commission nor any state institution of higher education nor any resort
area district is a law-enforcement agency.
§30-29-5. Certification requirements and power to decertify or reinstate.
(a) Except as provided in subsections (b) and (g) of this section, a person may not be employed as a law-enforcement officer by any West Virginia law-enforcement agency or by any state institution of higher education or by a hospital or by the Public Service Commission of West Virginia on or after the effective date of this article unless the person is certified, or is certifiable in one of the manners specified in subsections (c) through (e), inclusive, of this section, by the subcommittee as having met the minimum entry level law-enforcement qualification and training program requirements promulgated pursuant to this article: Provided, That the provisions of this section do not apply to persons hired by the Public Service Commission as motor carrier inspectors and weight enforcement officers before July 1, 2007.
(b) Except as provided in
subsection (g) of this section, a person who is not certified, or certifiable
in one of the manners specified in subsections (c) through (e), inclusive, of
this section, may be conditionally employed as a law-enforcement officer until
certified: Provided, That within ninety 90 calendar days
of the commencement of employment or the effective date of this article if the
person is already employed on the effective date, he or she makes a written
application to attend an approved law-enforcement training academy. The person’s
employer shall provide notice, in writing, of the 90-day deadline to file a
written application to the academy within thirty 30 calendar days
of that person’s commencement of employment. The employer shall provide full
disclosure as to the consequences of failing to file a timely written
application. The academy shall notify the applicant in writing of the receipt
of the application and of the tentative date of the applicant’s enrollment. Any
applicant who, as the result of extenuating circumstances acceptable to his or
her law-enforcement official, is unable to attend the scheduled training
program to which he or she was admitted may reapply and shall be admitted to
the next regularly scheduled training program. An applicant who satisfactorily
completes the program shall, within thirty 30 days of completion,
make written application to the subcommittee requesting certification as having
met the minimum entry level law-enforcement qualification and training program
requirements. Upon determining that an applicant has met the requirements for
certification, the subcommittee shall forward to the applicant documentation of
certification. An applicant who fails to complete the training program to which
he or she is first admitted, or was admitted upon reapplication, may not be
certified by the subcommittee: Provided, however, That an
applicant who has completed the minimum training required by the subcommittee
may be certified as a law-enforcement officer, notwithstanding the applicant’s
failure to complete additional training hours required in the training program
to which he or she originally applied.
(c) Any person who is employed as a law-enforcement officer on the effective date of this article and is a graduate of the West Virginia basic police training course, the West Virginia State Police cadet training program, or other approved law-enforcement training academy, is certifiable as having met the minimum entry level law-enforcement training program requirements and is exempt from the requirement of attending a law-enforcement training academy. To receive certification, the person shall make written application within 90 calendar days of the effective date of this article to the subcommittee requesting certification. The subcommittee shall review the applicant’s relevant scholastic records and, upon determining that the applicant has met the requirements for certification, shall forward to the applicant documentation of certification.
(d) Any person who is
employed as a law-enforcement officer on the effective date of this article and
is not a graduate of the West Virginia basic police training course, the West
Virginia State Police Cadet Training Program or other approved law-enforcement
training academy, is certifiable as having met the minimum entry level
law-enforcement training program requirements and is exempt from the
requirement of attending a law-enforcement training academy if the person has
been employed as a law-enforcement officer for a period of not less than five
consecutive years immediately preceding the date of application for
certification. To receive certification, the person shall make written
application within ninety 90 calendar days following the
effective date of this article to the subcommittee requesting certification.
The application shall include notarized statements as to the applicant’s years
of employment as a law-enforcement officer. The subcommittee shall review the
application and, upon determining that the applicant has met the requirements
for certification, shall forward to the applicant documentation of
certification.
(e) Any person who begins
employment on or after the effective date of this article as a law-enforcement
officer is certifiable as having met the minimum entry level law-enforcement
training program requirements and is exempt from attending a law-enforcement
training academy if the person has satisfactorily completed a course of
instruction in law enforcement equivalent to or exceeding the minimum
applicable law-enforcement training curricula promulgated by the subcommittee.
To receive certification, the person shall make written application within ninety
90 calendar days following the commencement of employment to the
subcommittee requesting certification. The application shall include a
notarized statement of the applicant’s satisfactory completion of the course of
instruction in law enforcement, a notarized transcript of the applicant’s
relevant scholastic records and a notarized copy of the curriculum of the
completed course of instruction. The subcommittee shall review the application
and, if it finds the applicant has met the requirements for certification,
shall forward to the applicant documentation of certification. The subcommittee
may set the standards for required records to be provided by or on behalf of
the applicant officer to verify his or her training, status, or certification
as a law-enforcement officer. The subcommittee may allow an applicant officer
to participate in the approved equivalent certification program to gain
certification as a law-enforcement officer in this state.
(f) Except as provided in subdivisions (1) through (3), inclusive, of this subsection, any person who is employed as a law-enforcement officer on or after the effective date of this article and fails to be certified shall be automatically terminated and no further emoluments shall be paid to such officer by his or her employer. Any person terminated shall be entitled to reapply, as a private citizen, to the subcommittee for training and certification, and upon being certified may again be employed as a law-enforcement officer in this state: Provided, That if a person is terminated under this subsection because an application was not timely filed to the academy, and the person’s employer failed to provide notice or disclosure to that person as set forth in subsection (b) of this section, the employer shall pay the full cost of attending the academy if the person’s application to the subcommittee as a private citizen is subsequently approved.
(1) Any person who is employed as a law-enforcement officer on or after the effective date of this article and fails to be certified as a result of hardship and/or circumstance beyond his or her control may apply to the director of a training academy for reentry to the next available academy.
(2) Any person who is employed as a law-enforcement officer on or after the effective date of this article and fails to be certified as a result of voluntary separation from an academy program shall be automatically terminated and no further emoluments may be paid to such officer by his or her employer. Any person terminated as a result of voluntary separation from an academy program may not be conditionally employed as a law-enforcement officer for a period of two years from the date of voluntary separation.
(3) Any person who is employed as a law-enforcement officer on or after the effective date of this article and fails to be certified as a result of dismissal from an academy program shall be automatically terminated and no further emoluments may be paid to such officer by his or her employer. Any person terminated as a result of dismissal from an academy program may not be conditionally employed as a law-enforcement officer for a period of five years from the date of dismissal and receiving approval from the subcommittee.
(g) Nothing in this article may be construed as prohibiting any governing body, Civil Service Commission or chief executive of any West Virginia law-enforcement agency from requiring their law-enforcement officers to meet qualifications and satisfactorily complete a course of law-enforcement instruction which exceeds the minimum entry level law-enforcement qualification and training curricula promulgated by the subcommittee.
(h) The subcommittee, or its designee, may decertify or reactivate a law-enforcement officer pursuant to the procedure contained in this article and legislative rules promulgated by the subcommittee.
(i) Any person aggrieved by
a decision of the subcommittee made pursuant to this article may contest the
decision in accordance with the provisions of article five, chapter
twenty-nine-a §29A-5-1 et seq. of this code.
(j) The subcommittee may issue subpoenas for the attendance of witnesses and the production of necessary evidence or documents in any proceeding, review or investigation relating to certification or hearing before the subcommittee.
§30-29-8. Compensation for employees attending law-enforcement training academy; limitations; agreements to reimburse employers for wages and expenses of employees trained but not continuing employment.
(a) A West Virginia law-enforcement agency shall, and a governing board may, pay compensation to employees, including wages, salaries, benefits, tuition and expenses, for the employees’ attendance at a law-enforcement training academy. The compensation paid to the employees for such attendance may not include overtime compensation under the provisions of §21-5C-3 of this code and shall be at the regular rate to which each employee would be entitled for a workweek of 40 hours in regular employment with the employer.
(b) In consideration for such compensation, the governing board, hospital, county commission or municipal government may require each employee to enter into a written agreement in advance of such attendance that obligates the employee to repay the employer if he or she voluntarily discontinues employment within one year immediately following completion of the training curriculum. The amount of repayment shall be a pro rata portion of the total compensation which is equal to the portion of the year which the employee chose not to remain employed.”(c) As used in this section, “governing board” has the meaning ascribed in §18B-1-2 of this code.
NOTE: The purpose of this bill is to authorize the appointment, qualifications, certification, authority, compensation, and training of hospital police officers and hospital police departments by licensed public and private hospitals and further permits hospital police officers to assist local law-enforcement agencies. The bill also provides for limitations on the civil liability of hospital police officers in certain circumstances.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
