West Virginia Code 8-29B-5 – Jurisdiction of airport police officers; insurance coverage; bonds
(a) The following areas shall be under the jurisdiction of airport police officers:
Terms Used In West Virginia Code 8-29B-5
- Airport: means any area of land or water which is used, or intended for use, for the landing and takeoff of aircraft, as defined above, any appurtenant areas which are used, or intended for use, for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon as well as any heliport, helistop, vertiport, gliderport, seaplane base, ultralight flightpark, manned balloon launching facility, or other aircraft landing or takeoff area operated by an airport operator as that term is defined in §. See West Virginia Code 8-29B-2
- Airport operator: means a governing body, regional airport authority, or county airport authority, under §. See West Virginia Code 8-29B-2
- Airport police officer: means any individual assigned, appointed, or designated by an airport operator, to serve as a police officer at an airport. See West Virginia Code 8-29B-2
- Arrest: Taking physical custody of a person by lawful authority.
- Code: shall mean the Code of West Virginia, 1931, as heretofore and hereafter amended. See West Virginia Code 8-1-2
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: shall mean any individual, firm, partnership, corporation, company, association, joint-stock association, or any other entity or organization of whatever character or description. See West Virginia Code 8-1-2
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(1) Any area under the jurisdiction and control of the airport operator, or in connection with the airport;
(2) Any property leased, operated, managed, utilized, or controlled by a regional airport
authority; or
(3) Any area upon which a regional airport authority facilitates training activities pursuant to a written agreement.
(b) The jurisdiction of airport police officers shall include any area entered into in pursuit of one or more individuals from one of the areas described in subsection (a) of this section.
(c) When exercising the jurisdiction authorized by this section, airport police officers shall have:
(1) All of the power and authority which a regularly appointed deputy sheriff of a county in this state has in enforcing the criminal laws of this state;
(2) Full power and authority to enforce any and all federal laws and rules and regulations relating to airports, air passengers, baggage inspection, the screening of air passengers, and other airport security measures;
(3) Full power and authority to enforce any and all rules and regulations promulgated by the airport operator; and
(4) The power to search persons, packages, containers, and baggage and the power to arrest persons: Provided, That the foregoing provisions of this section shall under no circumstances whatever be construed as in any way limiting the power and authority of a municipal police officer or deputy sheriff who has been assigned to serve as an airport police officer which he or she has by virtue of his or her being a municipal police officer or deputy sheriff, and under no circumstances whatever shall the assignment or appointment or designation of one or more airport police officers at an airport be deemed in any way to supersede or limit the power and authority of other peace officers to preserve law and order at such airport.
(d) Consistent with the provisions of § 61-7-5 of this code, any municipal police officer or deputy sheriff assigned as an airport police officer pursuant to §8-29B-4(b) of this code, and (notwithstanding any provision of this code to the contrary) any person appointed or designated as an airport police officer pursuant to §8-29B-4(c) of this code, shall not be required to obtain a state license to carry a deadly weapon, as provided for in § 61-7-2 of this code. Any municipal police officer or deputy sheriff assigned as an airport police officer pursuant to the provisions of §8-29B-4(b) of this code shall not be required to furnish any bond under § 61-7-5 of this code, other than the bond furnished thereunder as such municipal police officer or deputy sheriff.
(e) When one or more policies of public liability insurance are obtained providing insurance coverage for legal liability of an airport police officer for bodily injury, personal injury, or damage (including, but not limited to, false arrest and false imprisonment) and property damage, and affording said airport police officer insurance coverage against any and all legal liability arising from, growing out of, or by reason of, or in any way connected with, any acts or omissions of said airport police officer in the performance of his or her official duties, and so long as the coverage aforesaid remains in full force and effect as to such airport police officer, then the bond specified in § 61-7-5 of this code shall not be required as to such airport police officer: Provided, That such bond shall otherwise be required and must be furnished.