H. B. 4298
(By Delegates Perry, Stemple, Shaver and Cann)
[Introduced February 4, 2004; referred to the
Committee on Political Subdivisions then Finance.]
A BILL to amend and reenact §8-14-24 of the code of West Virginia,
1931, as amended, relating to providing that retiring
municipal police officers may keep their service revolver; and
exceptions.
Be it enacted by the Legislature of West Virginia:
That §8-14-24 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 14. LAW AND ORDER; POLICE FORCE OR DEPARTMENTS; POWERS,
AUTHORITY AND DUTIES OF LAW-ENFORCEMENT OFFICIALS
AND POLICEMEN; POLICE MATRONS; SPECIAL SCHOOL ZONE
AND PARKING LOT OR PARKING BUILDING POLICE
OFFICERS; CIVIL SERVICE FOR CERTAIN POLICE
DEPARTMENTS.
§8-14-24. Right to receive complete standard uniform; right to
acquire badge; and right to keep service revolver.
(a) A police officer, upon honorable retirement, shall be
authorized to maintain at his or her own cost a complete standard
uniform from the law-enforcement agency of which he or she was a
member, and shall be issued an identification card indicating his
or her honorable retirement from the law-enforcement agency. The
uniform may be worn by the officer in retirement only on the
following occasions: Police Officer's Memorial Day, Law
Enforcement Appreciation Day, at the funeral of a law-enforcement
officer or during any other police ceremony. The honorably retired
officer is authorized to acquire a badge of the law-enforcement
agency from which he or she is retired with the word "retired"
placed on it.
(b)
Upon retirement, a police officer shall be entitled to
keep, without charge, his or her service revolver, after a
determination by the chief of police:
(1) That the police officer is retiring honorably with at
least twenty years of recognized law-enforcement service; or
(2) That the police officer is retiring with less than twenty
years of service and that he or she is totally physically disabled
as a result of service as a police officer.
(b) Notwithstanding the provisions of subsection (b) of this
section, the chief of police may not award a service revolver to
any police officer who has been declared mentally incompetent by a
licensed physician or a court of law, or who, in the opinion of the chief of police, constitutes a danger to any person or the
community.
The Committee on Political Subdivisions moves to amend the bill on page
one, following the enacting clause, by striking out the remainder of the bill and
inserting in lieu thereof the following:
"That §8-14-24 of the code of West Virginia, 1931, as amended, be amended
and reenacted to read as follows:
ARTICLE 14. LAW AND ORDER; POLICE FORCE OR DEPARTMENTS; POWERS, AUTHORITY AND
DUTIES OF LAW-ENFORCEMENT OFFICIALS AND POLICEMEN; POLICE MATRONS;
SPECIAL SCHOOL ZONE AND PARKING LOT OR PARKING BUILDING POLICE OFFICERS;
CIVIL SERVICE FOR CERTAIN POLICE DEPARTMENTS.
§8-14-24. Right to receive complete standard uniform; right to acquire badge;
and right to keep service revolver.
(a) A police officer, upon honorable retirement, shall be authorized to
maintain at his or her own cost a complete standard uniform from the law-
enforcement agency of which he or she was a member, and shall be issued an
identification card indicating his or her honorable retirement from the law-
enforcement agency. The uniform may be worn by the officer in retirement only
on the following occasions: Police Officer's Memorial Day, Law Enforcement
Appreciation Day, at the funeral of a law-enforcement officer or during any other
police ceremony. The honorably retired officer is authorized to acquire a badge
of the law-enforcement agency from which he or she is retired with the word
"retired" placed on it.
(b)
Upon retirement, a police officer may, at the discretion of the
municipality, be entitled to keep, without charge, his or her service revolver,
after a determination by the chief of police:
(1) That the police officer is retiring honorably with at least twenty
years of recognized law-enforcement service; or
(2) That the police officer is retiring with less than twenty years of
service and that he or she is totally physically disabled as a result of service
as a police officer.
(c) Notwithstanding the provisions of subsection (b) of this section, the
chief of police may not award a service revolver to any police officer who has
been declared mentally incompetent by a licensed physician or a court of law, or
who, in the opinion of the chief of police, constitutes a danger to any person
or the community.