H. B. 3086
(By Delegates Eldridge, C. Miller, Stowers,
Rodighiero, Barker, Butcher, Crosier,
Blair ans Sobonya)
[Introduced March 12, 2009; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §62-11B-7a of the Code of West
Virginia, 1931, as amended, relating to permitting home
incarceration supervisors to carry handguns in the course of
their official duties, provided certain conditions are met.
Be it enacted by the Legislature of West Virginia:
That §62-11B-7a of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 11B. HOME INCARCERATION ACT.
§62-11B-7a. Employment by county commission of home incarceration
supervisors; authority of supervisors.
(a) The county commission may employ one or more persons with
the approval of the circuit court and who shall be subject to the
supervision of the sheriff as a home incarceration supervisor or
may designate the county sheriff to supervise offenders ordered to
undergo home incarceration and to administer the county's home
incarceration program. Any person so supervising shall have
authority, equivalent to that granted to a probation officer
pursuant to section ten, article twelve of this chapter, to arrest a home incarceration participant when reasonable cause exists to
believe that such participant has violated the conditions of his or
her home incarceration. Unless otherwise specified, the use of the
term "supervisor" in this article shall refer to a home
incarceration supervisor.
(b) Notwithstanding any provision of this code to the
contrary:
(1) Home incarceration supervisors may carry handguns in the
course of their official duties after meeting specialized
qualifications established by the Governor's Committee on Crime,
Delinquency and Correction, which qualifications shall include the
successful completion of handgun training, including a minimum of
four hours' training in handgun safety and comparable to the
handgun training provided to law-enforcement officers by the West
Virginia State Police.
(2) Any person employed as a home incarceration supervisor is
exempt from the licensure requirements set forth in article seven,
chapter sixty-one of this code while employed as a home
incarceration supervisor: Provided, That, such home incarceration
supervisors may only carry handguns in the course of their official
duties after meeting the specialized qualifications set forth in
subdivision (1) of this subsection.
(3) Nothing in this subsection shall be construed to include
home incarceration supervisors within the meaning of
law-enforcement officers as defined in section one, article
twenty-nine, chapter thirty of this code.
NOTE: The purpose of this bill is to permit home incarceration
supervisors to carry handguns in the course of their official
duties. The bill requires that before such supervisors may carry
handguns they must meet specialized qualifications established by
the Governor's Committee on Crime, Delinquency and Correction,
including the successful completion of handgun training and a
minimum of four hours training in handgun safety. The bill also
exempts such supervisors from handgun licensing requirements. The
bill additionally provides that such supervisors are not
law-enforcement officers.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.