Senate Bill No. 98
(By Senator Bowman)
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[Introduced February 11, 2009; referred to the Committee on the
Judiciary.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §60-2-11a, relating
to authorizing the Alcohol Beverage Control Commissioner and
certain employees to have arrest powers; and authorizing the
carrying of a concealed weapon while performing his or her
official duties.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §60-2-11a, to read as
follows:
ARTICLE 2. ALCOHOL BEVERAGE CONTROL COMMISSIONER.
§60-2-11a. Commissioner and certain employees arrest powers;
right to carry a concealed weapon.
(a) With respect to the enforcement of this article, the
commissioner and his or her designated inspectors are vested with special police powers, and are authorized to arrest, without formal
warrant, any violator of this chapter.
(b) The commissioner may issue a certificate authorizing any
designated Alcohol Beverage Control Commission inspector who has
successfully completed Department of Public Safety's training
program for firearms certification, which shall be the equivalent
of that required of deputy sheriffs, to carry firearms and
concealed weapons while on duty. Any Alcohol Beverage Control
Commission inspector authorized by the commissioner has the right,
without a state license, to carry firearms and concealed weapons
while on duty. Each Alcohol Beverage Control Commission inspector,
authorized by the commissioner, shall carry with him or her a
certificate, authorizing him or her to carry a firearm or concealed
weapon when performing his or her official duties as an Alcohol
Beverage Control Commission inspector, bearing the official
signature of the commissioner.
The right is extended to an
Alcohol
Beverage Control Commission inspector
during the time the employee
travels from place to place within the state for the purpose of
performing his or her official duties as an
Alcohol Beverage
Control Commission inspector
. No
Alcohol Beverage Control
Commission inspector
has the right to carry a firearm or concealed
weapon for any other purpose or during any other time, unless the
employee has obtained a state license in the manner prescribed in
article seven, chapter sixty-one of this code.
NOTE: The purpose of this bill is to
authorize the Alcohol
Beverage Control Commissioner and certain employees to have arrest
powers; and to authorize the carrying of a concealed weapon while
performing his or her official duties.
This section is new; therefore, strike-throughs and
underscoring have been omitted.