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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 29
(By Senator Fanning)
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[Introduced February 9, 2005; referred to the Committee
on Natural Resources; and then to the Committee on the
Judiciary.]
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A BILL to amend and reenact §20-7-4 of the Code of West Virginia,
1931, as amended, relating to law-enforcement powers and
duties of conservation officers; procuring and executing
arrest and search warrants on certain lands and waters;
empowering conservation officers to stop and board vessels
to conduct safety checks to ensure vessels are properly
equipped and licensed; and making technical corrections.
Be it enacted by the Legislature of West Virginia:
That §20-7-4 of the Code of West Virginia, 1931, 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 are 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 Conservation officers have
statewide jurisdiction 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 the officer, but no such arrest shall may be made where any
form of administrative procedure is prescribed by this chapter for
the enforcement of any of the particular the provisions contained
herein of this chapter;
(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 the provisions of this chapter;
(4) Execute and serve any a search warrant, notice or any other process of law issued under the authority of this chapter
or any other 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 a 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 the conservation 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
in the same rights and powers manner 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 the 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 the authority conferred in
the other subdivisions of this section, execute all arrest
warrants of arrest on such these 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 cutting, damaging or carrying
away or causing to be cut, damaged or carried away any timber,
trees, logs, posts, fruits, nuts, growing plants or products of
growing plants, shall be is 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) Make a complaint in writing before any court or
officer having jurisdiction, and procure and execute the warrant,
when the officer knows or has reason to believe that a person has violated a 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
actions of the conservation officer have the same force and effect
as if made by a sheriff;
(11) 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 in the same manner, with the same authority, and with
the same legal effect, as a sheriff;
(12) Stop and board any vessel subject to this chapter for
the purpose of conducting a safety check to ensure the vessel is
properly equipped with required safety devises and is properly
licensed; and
(10) (13) Do all things necessary to carry into effect the
provisions of this chapter.
NOTE: The purpose of this bill is to authorize safety
checks of boats by conservation officers.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language that
would be added.