WEST virginia legislature

2020 regular session

Introduced

Senate Bill 255

By Senators Rucker, Tarr, Cline, Smith, and Unger

[Introduced January 10, 2020; referred
to the Committee on the Judiciary]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-6-19a, relating to clarifying that persons 16 years of age and older may possess pepper spray on the State Capitol Complex, and in the buildings thereon, solely for self-defense purposes; defining terms; and authorizing the Director of the Division of Protective Services to temporarily prohibit the possession of pepper spray on the State Capitol Complex and in the buildings thereon during designated special events.

Be it enacted by the Legislature of West Virginia:

ARTICLE 6. CRIMES AGAINST THE PEACE.

§61-6-19a.  Possession of pepper spray on the State Capitol Complex.

(a) As used in this section, “pepper spray” means a commercially available capsicum- based lachrymatory aerosol spray, used for purposes of self-defense.

(b) Notwithstanding any provision of this code or state policy to the contrary, a person who is 16 years of age or older may possess pepper spray on the State Capitol Complex, and in the buildings thereon, solely for purposes of self-defense: Provided, That the Director of the Division of Protective Services may temporarily prohibit the possession of pepper spray on the State Capitol Complex, and in the buildings thereon, during designated special events.

NOTE: The purpose of this bill is to clarify that the possession of pepper spray for self-defense is permitted at the State Capitol Complex under certain circumstances.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.