H. B. 2948
(By Delegates Yeager, Marshall,
Ashley, Williams and Stemple)
[Introduced March 21, 2001; referred to the
Committee on Agriculture and Natural Resources then the
Judiciary.]
A BILL to amend and reenact section four, article seven, chapter
twenty of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to empowering conservation
officers to conduct safety checks on boats, and to procure and
execute arrest and search warrants.
Be it enacted by the Legislature of West Virginia:
That section four, article seven, chapter twenty of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted to read as follows:
ARTICLE 7. LAW ENFORCEMENT, MOTORBOATING, LITTER.
§20-7-4. Powers and duties of conservation officers.
Conservation officers and all other persons authorized to
enforce the provisions of this chapter shall be under the
supervision and direction of the director in the performance of
their duties as herein provided. The authority, powers and duties of the conservation officers shall be statewide and they shall have
authority to:
(1) Arrest on sight, without warrant or other court process,
any person or persons committing a criminal offense in violation of
any of the laws of this state, in the presence of such officer, but
no such arrest shall be made where any form of administrative
procedure is prescribed by this chapter for the enforcement of any
of the particular provisions contained herein;
(2) Carry such arms and weapons as may be prescribed by the
director in the course and performance of their duties, but no
license or other authorization shall be required of such officers
for this privilege;
(3) Search and examine, in the manner provided by law, any
boat, vehicle, automobile, conveyance, express or railroad car,
fish box, fish bucket or creel, game bag or game coat or any other
place in which hunting and fishing paraphernalia, wild animals,
wild birds, fish, amphibians or other forms of aquatic life could
be concealed, packed or conveyed whenever they have reason to
believe that they would thereby secure or discover evidence of the
violation of any provisions of this chapter;
(4) Execute and serve any search warrant, notice or any
process of law issued under the authority of this chapter or any
law relating to wildlife, forests, and all other natural resources,
by a magistrate or any court having jurisdiction thereof, in the same manner, with the same authority, and with the same legal
effect, as any sheriff can serve or execute such warrant, notice or
process;
(5) Require the operator of any motor vehicle or other
conveyance on or about the public highways or roadways, or in or
near the fields and streams of this state, to stop for the purpose
of allowing such officers to conduct game-kill surveys;
(6) Summon aid in making arrests or seizures or in executing
any warrants, notices or processes, and they shall have the same
rights and powers as sheriffs have in their respective counties in
so doing;
(7) Enter private lands or waters within the state while
engaged in the performance of their official duties hereunder;
(8) Arrest on sight, without warrant or other court process,
subject to the limitations set forth in subdivision (1) of this
section, any person or persons committing a criminal offense in
violation of any law of this state in the presence of any such
officer on any state-owned lands and waters and lands and waters
under lease by the division of natural resources and all national
forest lands, waters and parks, and U.S. Corps of Army Engineers'
properties within the boundaries of the state of West Virginia and,
in addition to any authority conferred in the other subdivisions of
this section, execute all warrants of arrest on such state and
national lands, waters and parks, and U.S. Corps of Army Engineers' properties, consistent with the provisions of article one, chapter
sixty-two of this code;
(9) Arrest any person who enters upon the land or premises of
another without written permission from the owner of the land or
premises in order to cut, damage, or carry away, or cause to be
cut, damaged, or carried away any timber, trees, logs, posts,
fruit, nuts, growing plants or products of any growing plant. Any
person convicted of the foregoing shall be liable to the owner in
the amount of three times the value of the timber, trees, logs,
posts, fruit, nuts, growing plants or products of any growing
plant, which shall be in addition to and notwithstanding any other
penalties by law provided by section thirteen, article three,
chapter sixty-one of this code; and
(10) If a conservation officer or other law-enforcement
officer knows or has reason to believe that a person has violated
any law of this state on state-owned lands and waters, lands and
waters under lease or management by the division of natural
resources, or national forest lands, waters and parks, national
parks properties or United States army corps of engineers
properties within the boundaries of this state, the conservation
officer may make a complaint in writing before any court or officer
having jurisdiction, procure a warrant, execute the same and bring
the person before the tribunal having jurisdiction, and any such
action by a conservation officer or other law-enforcement officer shall have the same force and effect as if made by a sheriff;
(11) Stop and board any vessel subject to this chapter for the
purpose of conducting a safety check, and make an arrest for any
violation of the laws of this state detected during the safety
check;
(12) Serve and execute warrants for the arrest of any person
and warrants for the search of any premises, buildings, properties
or conveyances issued by a properly constituted authority and may
exercise all the powers conferred by law upon a sheriff; and
(10) (13) Do all things necessary to carry into effect the
provisions of this chapter.
NOTE: The purpose of this bill is to
empower conservation
officers to conduct safety checks on boats.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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