Criminal Justice

This bill grants municipal fire marshals in West Virginia the authority to assist law enforcement officers in carrying out their official duties. It allows fire marshals to arrest individuals who disobey lawful orders at fire scenes, violate arson or explosive offense prohibitions, obstruct a fire marshal, or fail to obey lawful commands, provided they receive required law enforcement training. The legislation also permits fire marshals to file criminal complaints to obtain arrest warrants and clarifies that assistance to federal law enforcement is subject to specific limitations. Additionally, fire marshals may help other law enforcement officers execute their duties when requested, but must work under the direct supervision of the requesting officer.

SB 55 creates a new felony offense for knowingly, willfully, and forcibly obstructing or hindering a home incarceration supervisor or social services worker while they are lawfully performing their duties, if the obstruction causes the death of that professional. It directly affects individuals who obstruct these workers and the workers themselves, who are protected under this law. The key provision sets a mandatory minimum 20-year prison sentence (with no parole eligibility before 20 years) for this offense, replacing a prior 15-year term. This law expands existing protections for public safety personnel to include home incarceration supervisors and social services workers handling cases like abuse investigations or home-based supervision.