ENGROSSED
H. B. 2013
(By Delegate Love)
[Introduced January 12, 1995; referred to the
Committee on Government Organization then Finance.]
A BILL to amend article fourteen, chapter seven of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
seventeen-d; to amend article fourteen, chapter eight of
said code by adding thereto a new section, designated
section twenty-four; to amend and reenact section two,
article seven, chapter twenty of said code; and to amend and
reenact section four, article seven, chapter sixty-one of
said code, all relating to retired law-enforcement officers;
requiring law-enforcement agency to provide identification
card for honorably retiring member and permitting honorably
retiring member to retain a complete standard uniform;
identifying occasions on which retired member may wear
uniform; permitting honorably retired officer to acquire a
badge; bringing conservation officer employment
qualifications into compliance with the Federal Age Discrimination in Employment Act; and exempting retired
law-enforcement officer from certain requirements to obtain
license to carry a concealed deadly weapon.
Be it enacted by the Legislature of West Virginia:
That article fourteen, chapter seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
seventeen-d; that article fourteen, chapter eight of said code be
amended by adding thereto a new section, designated section
twenty-four; that section two, article seven, chapter twenty of
said code be amended and reenacted; and that section four,
article seven, chapter sixty-one of said code be amended and
reenacted, all to read as follows:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 14. CIVIL SERVICE FOR DEPUTY SHERIFFS.
§7-14-17d. Right to receive complete standard uniform; and
right to acquire badge.
A deputy sheriff, upon honorable retirement, shall be
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.
CHAPTER 8. MUNICIPAL CORPORATIONS.
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; and right
to acquire badge.
A police officer, upon honorable retirement, shall be
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.
CHAPTER 20. NATURAL RESOURCES.
ARTICLE 7. LAW ENFORCEMENT, MOTORBOATING, LITTER.
§20-7-2. Qualifications, etc., of conservation officers; right
of retired officer to receive complete standard
uniform; right of retired officer to acquire
uniform; and right of retired officer to acquire
badge.
In addition to civil service qualifications and
requirements, persons selected as conservation officers shall
have reached their eighteenth birthday
and shall not have reached
their fortieth birthday at the time of appointment, be in good
physical condition and of good moral character, temperate in
habits and shall not have been convicted of a felony. Whenever
possible and practicable, preference in selection of conservation
officers shall be given honorably discharged United States
military personnel. Each conservation officer, before entering
upon the discharge of his duties, shall take and subscribe to the
oath of office prescribed in article IV, section 5 of the
Constitution of West Virginia, which executed oath shall be filed
with the director.
With the exception of the chief conservation officer, each
full-time, salaried conservation officer appointed under the provisions of this chapter shall, upon attaining the age of
sixty-five, be required to accept a mandatory retirement from the
division of law enforcement. The director shall notify such
officer in writing at least ninety days prior to his sixty-fifth
birthday of the effective date of his retirement and all such
benefits and privileges that such officer has accrued. The
provisions of this section shall not be construed to mean that a
conservation officer cannot accept at his own request an earlier
retirement, or that he cannot continue to be employed by some
other division or department of state government.
The director shall prescribe the kind, style and material of
uniforms to be worn by conservation officers. Uniforms and other
equipment furnished to the conservation officers shall be and
remain the property of the state,
except as hereinafter provided
in this section.
A conservation officer, upon honorable retirement, shall be
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.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
ARTICLE 7. DANGEROUS WEAPONS.
§61-7-4. License to carry deadly weapons; how obtained.
(a)
Except as provided in subsection (h) of this section,
any person desiring to obtain a state license to carry a
concealed deadly weapon shall apply to the circuit court of his
or her county for such license, and shall pay to the clerk of the
circuit court, at the time of application, a filing fee of twenty
dollars. The applicant shall file with the clerk of the circuit
court an application in writing, duly verified, which sets forth
the following:
(1) That the applicant is a citizen of the United States of
America or lawfully resides in the United States of America;
(2) That, on the date the application is made, the applicant
is a bona fide resident of this state and of the county in which
the application is made;
(3) That the applicant is eighteen years of age or older;
(4) That the applicant is not addicted to alcohol, a
controlled substance or a drug, and is not an unlawful user
thereof;
(5) That the applicant has not been convicted of a felony or of an act of violence involving the misuse of such deadly weapon;
(6) That the applicant desires to carry such deadly weapon
for the defense of self, family, home or state, or other lawful
purpose;
(7) That the applicant is physically and mentally competent
to carry such weapon;
(8) That, in the case of a person applying for a license to
carry a concealed pistol or revolver, the applicant has qualified
under minimum requirements for handling and firing such firearms.
These minimum requirements are those promulgated by the
department of natural resources and attained under the auspices
of the department of natural resources:
Provided,
That the court
shall waive this requirement in the case of a renewal applicant
who has previously qualified:
Provided, however,
That the
following may be substituted for those minimum requirements
promulgated by the department of natural resources:
(A) Successful completion of any official national rifle
association firearms safety or training course;
(B) Successful completion of any firearms safety or training
course or class available to the general public offered by an
official law-enforcement organization, community college, junior
college, college, or private or public institution or
organization or firearms training school, utilizing instructors
currently certified by the national rifle association;
(C) Successful completion of any firearms training or safety
course or class conducted by a firearms instructor certified as
such by the state or by the national rifle association.
A photocopy of a certificate of completion of any of the
courses or classes or an affidavit from the instructor, school,
club, organization, or group that conducted or taught said course
or class attesting to the successful completion of the course or
class by the applicant or a copy of any document which shows
successful completion of the course or class, shall constitute
evidence of qualification under this section.
(b) The court shall issue or deny such license within thirty
days after the application is filed with the circuit clerk. The
court shall, if necessary, hear evidence upon all matters stated
in such application and upon any other matter related to the
eligibility of the applicant under subsection (a) of this
section. If from such application or the proof it appears that
the purpose for such person to carry such weapon is defense of
self, family, home or state, or other lawful purpose, and all
other conditions in subsection (a) are complied with, the court,
or the judge thereof in vacation, shall grant such license.
(c) In the event an application is denied, the specific
reasons for the denial shall be stated in the order of the court
denying the application. Upon denial of an application and at
the request of the applicant made within ten days of such denial, the court shall schedule the matter for a hearing. The applicant
may be represented by counsel, but in no case shall the court be
required to appoint counsel for an applicant. The final order of
the court shall include the court's findings of fact and
conclusions of law.
(d) If an application is approved, the court shall require
in its order granting the license that before any license shall
be issued or become effective, the applicant shall pay to the
sheriff a license fee in the amount of fifty dollars. Any such
license shall be valid for five years, unless sooner revoked.
(e) All license fees collected hereunder shall be paid by
the sheriff and accounted for to the auditor as other license
taxes are collected and paid, and the state tax commissioner
shall prepare all suitable forms for licenses and certificates
showing that such license has been granted and shall do any other
act required to be done to protect the state and see to the
enforcement of this section.
(f) The clerk of the circuit court shall, immediately after
the license is granted as aforesaid, furnish the superintendent
of the department of public safety a certified copy of the order
of the court granting such license, for which service the clerk
shall be paid a fee of two dollars which shall be taxed as costs
in the proceeding. It shall be the duty of the clerk of each
circuit court to furnish to the superintendent of the department of public safety, at any time so requested, a certified list of
all such licenses issued in the county.
(g) No person who is engaged in the receipt, review, or in
the issuance of such license shall incur any civil liability as
the result of the lawful performance of his or her duties under
this article.
(h) Notwithstanding the provisions of subsections (a) and
(d) of this section, with respect to application by a former
law-enforcement officer honorably retired from agencies governed
by article fourteen, chapter seven; article fourteen, chapter
eight; and article seven, chapter twenty of this code, an
honorably retired officer is exempt from payment of fees and
costs as otherwise required by this section, and the application
of the honorably retired officer shall be granted without proof
or inquiry by the court as to those requirements set forth in
subdivisions (6) and (8) of subsection (a) of this section, if
the officer meets the requirements of subdivisions (1) through
(5) and subdivision (7) of subsection (a) of this section.