Introduced Version
House Bill 2104 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2104
(By Delegates Perry, Stemple and Cann)
[Introduced
February 9, 2005
; referred to the
Committee on Political Subdivisions then the Judiciary.]
FN
A BILL to amend and reenact §8-14-24 of the Code of West Virginia,
1931, as amended, relating to providing that retiring
municipal police officers may keep their service revolver; and
exceptions.
Be it enacted by the Legislature of West Virginia:
That §8-14-24 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 14. LAW AND ORDER; POLICE FORCE OR DEPARTMENTS; POWERS,
AUTHORITY AND DUTIES OF LAW-ENFORCEMENT OFFICIALS
AND POLICEMEN; POLICE MATRONS; SPECIAL SCHOOL ZONE
AND PARKING LOT OR PARKING BUILDING POLICE
OFFICERS; CIVIL SERVICE FOR CERTAIN POLICE
DEPARTMENTS.
§8-14-24. Right to receive complete standard uniform; right to acquire badge; and right to keep service revolver.
(a) A police officer, upon honorable retirement, shall be is
authorized to maintain at his or her own cost a complete standard
uniform from the law-enforcement agency of which he or she was a
member, and shall be issued an identification card indicating his
or her honorable retirement from the law-enforcement agency. The
uniform may be worn by the officer in retirement only on the
following occasions: Police Officer's Memorial Day,
Law-Enforcement Appreciation Day, at the funeral of a
law-enforcement officer or during any other police ceremony. The
honorably retired officer is authorized to acquire a badge of the
law-enforcement agency from which he or she is retired with the
word "retired" placed on it.
(b)
Upon retirement, a police officer is entitled to keep,
without charge, his or her service revolver, after a determination
by the Chief of Police:
(1) That the police officer is retiring honorably with at
least twenty years of recognized law-enforcement service; or
(2) That the police officer is retiring with less than twenty
years of service and that he or she is totally physically disabled
as a result of service as a police officer.
(c) Notwithstanding the provisions of subsection (b) of this
section, the Chief of Police may not award a service revolver to
any police officer who has been declared mentally incompetent by a licensed physician or a court of law, or who, in the opinion of the
Chief of Police, constitutes a danger to any person or the
community.
NOTE: The purpose of this bill is to provide that retiring
municipal police officers may keep their service revolver.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.