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SB 944

Expanding categories of eligible federal law-enforcement officers authorized to enforce state laws

2026 Regular Session Introduced by Vince Deeds and 1 co-sponsor

Expands federal officers who can enforce WV state laws under certain requests or on-scene felonies, with safeguards and liability protections.

Chapter 208, Acts, Regular Session, 2026
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Bill Summary · SB 944

Summary of SB 944 (West Virginia, 2026)

Purpose and intent

  • Expands the list of federal law-enforcement officers who are authorized to enforce West Virginia state laws under certain circumstances.
  • The bill aims to enhance cooperation between federal and state/local law-enforcement agencies by allowing a broader set of federal officers to exercise state-law enforcement powers when specific conditions are met.

Key provisions and changes

  • Amends WV Code §15-10-5 to extend peace-keeping authority to additional federal officers, under specified conditions.
  • General framework (existing law retained): A federal law-enforcement officer listed in subsection (b) may enforce state laws (excluding state/local traffic and parking laws) when one of the enumerated circumstances exists.
  • Circumstances enabling state-law enforcement authority (a)(1)-(3):
    1. Written (or, in emergencies, unwritten) request for temporary assistance by the head of a state/local law-enforcement agency within the agency’s jurisdiction.
    2. Written request by a state/local officer to provide temporary assistance when the requesting officer is acting within authority and jurisdiction and exigent circumstances exist.
    3. A felony is committed in the presence of the federal officer or where evidence indicates a felony has just occurred.
  • Expanded list of eligible federal officers (subsection (b)):
    • The bill enumerates a broad set of federal officers who would be eligible, including but not limited to:
    • FBI special agents
    • DEA special agents
    • U.S. Marshals Service marshals/deputy marshals
    • USPS inspectors
    • IRS special agents
    • Secret Service special agents
    • ATF special agents
    • FBI criminal justice information services police
    • VA Police and VA special investigators
    • Office of Inspector General special agents
    • Federal Air Marshals
    • Fish and Wildlife Service special agents
    • Diplomatic Security Service
    • Coast Guard, CBP, DoD special agents, Federal Protective Service
    • Federal Bureau of Prisons officers
    • ICE special agents and law enforcement
    • Military law-enforcement personnel (including National Guard) involved in law-enforcement or related missions
  • Additional specialized authorities (subsections (c) and (d)):
    • National Park Service law-enforcement rangers have powers of arrest/search/seizure for offenses within national parks, national recreation areas, and related National Park System properties.
    • U.S. Forest Service law-enforcement officers have such powers on federal lands managed by the Forest Service.
  • Operational and liability conditions (subsection (e)):
    • Officers acting under this authority have the same authority and exemptions as state/local officers but are not considered employees or agents of state/local agencies.
    • They may not generally initiate independent investigations into state-law violations except to preserve evidence/testimony in emergencies; rangers/officers mentioned in (c) and (d) may conduct independent investigations within federal lands or duties described.
    • They are subject to the Federal Tort Claims Act (28 U.S.C. § 1346) and enjoy immunities from liability like state/local officers.

Who is affected

  • Federal law-enforcement officers listed in subsection (b) may enforce West Virginia state laws under the specified conditions.
  • State and local law-enforcement agencies may request or coordinate temporary support from federal officers.
  • National Park Service and U.S. Forest Service officers gain or clarify state-enforcement authority within their respective federal lands.
  • The general public in West Virginia could see increased cross-agency enforcement and broader participation of federal officers in state-law enforcement when conditions are met.

Procedural and timeline aspects

  • Enrolled and enacted; effective 90 days after passage (per the act): June 12, 2026.
  • The bill passed both chambers in March 2026 and received gubernatorial approval prior to enactment.
  • Administrative process for invocation relies on written requests (except emergencies) or exigent circumstances as triggers for federal officers to enforce state laws.
  • Funding, training, and interagency protocols are not detailed in the text provided but would typically accompany a broader interagency enforcement framework.

Practical considerations

  • Expands potential enforcement partnerships across federal agencies operating within West Virginia.
  • Creates a clear framework for temporary federal-state cooperation during emergencies, investigations, or on-scene enforcement needs.
  • Balances expanded authority with safeguards: maintaining traffic-law limitations, requiring proper requests, and aligning liability protections and immunities with state-officer standards.

Compiled from official sources — confirm details with the bill’s official record.

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