COMMITTEE SUBSTITUTE

FOR

H. B. 4516

(By Delegates Overington, Modesitt,

Stemple, Ashley and Laird)


(Originating in the House Committee on the Judiciary)


[February 28, 2000]


A BILL to amend article two, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section thirty-a, relating to police canines; and superintendent authorized to elect certain options of disposal.

Be it enacted by the Legislature of West Virginia:
That article two, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section thirty-a, to read as follows:
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-30a. Disposal of state police canines.
(a) Whenever any canine belonging to the state police reaches that point in its normal life cycle that it is no longer of any use or service for law-enforcement purposes, the superintendent shall dispose of the animal as set forth in this section. The disposal shall be predicated upon a determination that the animal is of no further service to the state police for its intended purpose, and that it is not suitable for sale or transfer to another law-enforcement agency within West Virginia.
(b) Notwithstanding any other provision of this code, the superintendent may dispose of state police canines by whichever of the following means he or she determines to be most appropriate, given the totality of the circumstances:
(1) Transfer ownership of the animal to the animal's handler;
(2) Transfer ownership of the animal to some other member of the state police who has training or experience in the use of police canines; or
(3) Have the animal put down by a person licensed in the practice of veterinary medicine.
(c) In the event ownership of an animal is transferred pursuant to the authority granted under this section, the documents executed pursuant to the transfer shall include language absolving the state of liability for any injuries or other damage as may be caused by the animal after the date of transfer.