Engrossed Version
House Bill 4298 History
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Introduced Version
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ENGROSSED
H. B. 4298
(By Delegates Perry, Stemple, Shaver and Cann)
[Introduced February 4, 2004; referred to the
Committee on Political Subdivisions then Finance.]
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
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 may, at the discretion
of the municipality, be 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.