Bill-Gov's Comtte
Senate Bill No. 276


(By Senators Ross, Anderson, Minard, Snyder, Unger and Minear )

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[Introduced January 28, 2000; referred to the

Committee on the Judiciary.]

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A BILL to amend and reenact section three, article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the governor's committee on crime, delinquency and correction to promulgate a legislative rule relating to law-enforcement training standards .

Be it enacted by the Legislature of West Virginia:

That section three, article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, to read as follows:
ARTICLE 9. AUTHORIZATION FOR MISCELLANEOUS AGENCIES AND BOARDS TO PROMULGATE LEGISLATIVE RULES.

§64-9-3. Governor's committee on crime, delinquency and
correction
.
(a) The legislative rule filed in the state register on the third fourth day of August, one thousand nine hundred ninety-eight ninety-nine, authorized under the authority of section three, article twenty-nine, chapter thirty of this code, modified by the governor's committee on crime, delinquency and correction to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-fourth day of November January, one thousand nine hundred ninety-eight two thousand,
relating to the governor's committee on crime, delinquency and correction (law enforcement training standards, 149 CSR 2), is authorized with the amendments set forth below:
On page 48, subsection 15.3, after the word "courses:" by adding the words "Provided, That persons appointed to the position of chief deputy are exempt from the physical ability test:";
On page 50, subsection 16.5, after the word "may" by striking out the word "not";
And,
On page 51, subsection 16.5, after the word "rule", by adding the words "Employing agencies shall report to the law enforcement training subcommittee, within 10 working days, all final judgements or settlements with a dismissal order entered against any certified officer for abuse or neglect of duty."

(b) The legislative rule filed in the state register on the twenty-eighth day of July, one thousand nine hundred ninety-eight, authorized under the authority of section nine, article two-a, chapter forty-eight of this code, modified by the governor's committee on crime, delinquency and correction to meet the objections of the legislative rule-making review committee and refiled in the state register on the ninth day of November, one thousand nine hundred ninety-eight, relating to the governor's committee on crime, delinquency and correction (protocol for law enforcement response to domestic violence, 149 CSR 3), is authorized with the amendments set forth below:
On page six, by adding a new subsection 5.2 to read as follows:
"5.2 A dispatcher, who receives a domestic call for an incident which occurred or is occurring outside the jurisdiction of the police department or police departments which supervise the dispatcher, shall immediately notify a police department in the appropriate jurisdiction.";
And,
On pages six and seven, by renumbering the remaining subsections.

NOTE: The purpose of this bill is to authorize the Governor's Committee On Crime, Delinquency and Correction
to promulgate a legislative rule relating to Law Enforcement Training Standards .

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.