West Virginians would be prohibited from getting close to first responders while they’re performing their duties if they’ve issued a warning, according to a bill passed by the Senate on Thursday.
Bill supporters say the measure protects first responders, but a Democratic senator raised concerns that it could potentially prohibit people from filming officers, including border patrol agents during President Donald Trump’s immigration crackdown.
Senate Bill 4 would make it unlawful for a person to approach first responders after receiving a verbal warning, which triggers a 30-foot barrier around themselves while they’re performing official duties.
“It creates safety for our first responders,” said bill sponsor Sen. Mike Oliverio, R-Monongalia. “It creates a barrier so the first responder can do their job, do it effectively and also protect the public.”
A person could face a misdemeanor charge if he or she violates the 30-foot barrier and interferes with the first responders’ duties or threatens them.
“This bill both protects our first responders and distinguishes the lawlessness that has become rampant around our country,” said Senate Judiciary Chair Tom Willis, R-Berkeley.
Sen. Joey Garcia, D-Marion, opposed the measure, fearing the bill could prohibit individuals from filming officers. He noted video from cell phones closer than 30 feet away from police officers had shown an officer’s 2020 murder of George Floyd in Minnesota.
“There’s a chilling effect in the way this bill is written,” Garcia said.
He also worried about the legislation’s impacts while some West Virginia law enforcement are currently acting as immigration enforcement officers through Gov. Patrick Morrisey’s partnership with the federal government.
Garcia referenced the killing of Minnesota nurse Alex Pretti, who was fatally shot by federal border patrol agents on Jan. 24.
“I think almost uniformly, we have law enforcement officers who are always trying to do the right thing. But that’s not 100% what we’ve seen,” Garcia said. “We’ve seen that if there weren’t video cameras showing what some of these customs and border patrol agents were doing, we had a narrative coming from the federal government that told explicit lies. This is so important to a healthy democracy that we have this transparency.”
The measure passed 32-2 with Senate Minority Leader Mike Woelfel, D-Cabell, joining Garcia to vote against the measure.
The Senate also passed a measure that would prohibit law enforcement from installing a surveillance camera on private land without first obtaining either consent from a property owner or a valid search warrant.
Willis said that Senate Bill 84 seeks to “strike a balance between protecting individual liberty and giving law enforcement the tools they need to be effective.”
Law enforcement would be able to install a surveillance camera on private property where “exigent circumstances exist and there is insufficient time to obtain consent from a property owner or a valid search warrant.”
Both measures were sent to the House of Delegates for consideration.
This article originally appeared on West Virginia Watch.
West Virginia Watch is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. West Virginia Watch maintains editorial independence. Contact Editor Leann Ray for questions: info@westvirginiawatch.com.
