WEST virginia legislature
2020 regular session
House Bill 4945
By Delegate Wilson
[Introduced February 11, 2020; Referred to the Committee on the Judiciary]
A BILL to amend and reenact §62-14-3 of the Code of West Virginia, 1931, as amended, relating to creating a criminal penalty for an agent or sworn officer who refuses or fails to enforce, or who interferes with the enforcement of, the Compact Agreement on Detainers in immigration cases.
Be it enacted by the Legislature of West Virginia:
ARTICLE 14. AGREEMENT ON DETAINERS.
§62-14-3. Enforcement of agreement; penalty for refusal or failure to enforce in immigration detainers.
All courts, departments, agencies, officers and employees of this state and its political subdivisions are hereby directed to enforce the agreement on detainers and to cooperate with one another and with other party states in enforcing the agreement and effectuating its purpose.
Notwithstanding any provision of this code to the contrary, for immigration detainers, any state, county, or municipal agent or sworn officer who refuses to enforce the agreement, fails to cooperate with another or other party states in enforcing the agreement, or interferes with enforcing the agreement shall be guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail not more than 12 months, or fined not more than $500 and confined in jail not more than 12 months.
NOTE: The purpose of this bill is to create a criminal penalty for any sworn officer or agent who refuses or fails to enforce, or who interferes with the enforcement of, the Compact Agreement on Detainers in immigration cases.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.