ENGROSSED
Senate Bill No. 738
(By Senators Bowman, Bailey, Harrison, Jenkins, Lanham, McCabe,
Minard, Weeks and White)
____________
[Originating in the Committee on Government Organization;
reported March 23, 2005.]
_____________
A BILL to amend and reenact §15-5-15 of the Code of West Virginia,
1931, as amended, relating to prohibiting emergency service
personnel and others involved in homeland security from being
convicted felons; and requiring background checks.
Be it enacted by the Legislature of West Virginia:
That §15-5-15 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 5. EMERGENCY SERVICES.
§15-5-15. Emergency service personnel.
(a) No person shall be employed or associated in any capacity
in homeland security or any emergency service organization
established under this article who has been convicted of a felony
or who advocates or has advocated a change by force or violence in
the constitutional form of the government of the United States or
this state or the overthrow of any government in the United States by force or violence or who has been convicted of or is under
indictment or information charging any subversive act against the
United States.
(b) Each person who is appointed to serve in an organization
for emergency services shall undergo a background check and shall,
before entering upon his duties, take an oath, in writing, before
a person authorized to administer oaths in this state, which shall
be substantially as follows:
"I,_________________, do solemnly swear or affirm that I will
support and defend the Constitution of the United States and the
Constitution of West Virginia, against all enemies, foreign and
domestic; that I will bear true faith and allegiance to the same;
that I take this obligation freely, without any mental reservation
or purpose of evasion; that I am not a convicted felon; and that I
will well and faithfully and competently discharge the duties upon
which I am about to enter.
"And I do further swear or affirm that I do not advocate, nor
am I a member of any political party or organization that
advocates, the overthrow of the government of the United States or
this state by force or violence; and that during such time as while
I am a member of the (name of organization) I will not advocate or
become a member of any political party or organization that
advocates the overthrow of the government of the United States or
this state by force or violence.".
Email
Webmaster | © 2024 West Virginia Legislature **
