ENROLLED
H. B. 4671
(By Delegates Michael, Boggs, Proudfoot, Ashley,
Browning, G. White and Stalnaker)
[Passed March 13, 2004; in effect ninety days from passage.]
AN ACT to amend and reenact §15-2-43 of the code of West Virginia,
1931, as amended; and to amend and reenact §20-7-1d of said
code, all relating to the disposal of law-enforcement weapons
when replaced due to routine wear.
Be it enacted by the Legislature of West Virginia:
That §15-2-43 of the code of West Virginia, 1931, as amended,
be amended and reenacted; and that §20-7-1d of said code be amended
and reenacted, all to read as follows:
CHAPTER 15. PUBLIC SAFETY.
ARTICLE 2.
WEST VIRGINIA STATE POLICE.
§15-2-43.
Awarding service revolver upon retirement and disposal
of service weapon when replaced due to routine wear.
(a) Upon the retirement of a member of the West Virginia state
police, the superintendent shall award to the retiring member his
or her service revolver, without charge, upon determining:
(1) That the retiring member is retiring honorably with at
least twenty years of service; or
(2) Such retiring member is retiring with less than twenty
years of service based upon a determination that such member is
totally physically disabled as a result of his or her service with
the West Virginia state police
.
(b) Notwithstanding the provisions of subsection (a) of this
section, the superintendent may not award his or her service
revolver to any member whom the superintendent finds to be mentally
incapacitated or who constitutes a danger to any person or the
community.
(c) The disposal of state police service weapons, when
replaced due to routine wear, shall not fall under the jurisdiction
of the agency for surplus property, within the purchasing division
of the department of administration. The superintendent may offer
these surplus weapons for sale to any active or retired member of
the state police, at fair market value, with the proceeds from any
sales used to offset the cost of the new weapons.
CHAPTER 20. NATURAL RESOURCES.
ARTICLE 7.
LAW ENFORCEMENT, MOTORBOATING, LITTER.
§20-7-1d. Awarding service revolver upon retirement; disposal of
service weapon when replaced due to routine wear; and
furnishing uniform for burial.
(a) Upon the retirement of any full-time salaried conservation
officer, the chief conservation officer shall award to the retiring
conservation officer his or her service revolver, without charge, upon determining:
(1) That the conservation officer is retiring honorably with
at least twenty-five years of recognized law-enforcement service as
determined by the chief conservation officer; or
(2) That such conservation officer is retiring with less than
twenty-five years of service based upon a determination that he or
she is totally physically disabled as a result of service with the
division.
(b) Notwithstanding the provisions of subsection (a) of this
section, the chief conservation officer shall not award a service
revolver to any conservation officer who has been declared mentally
incompetent by a licensed physician or any court of law, or who, in
the opinion of the chief conservation officer, constitutes a danger
to any person or the community.
(c) The disposal of law-enforcement service weapons, when
replaced due to routine wear, shall not fall under the jurisdiction
of the agency for surplus property, within the purchasing division
of the department of administration. The chief conservation
officer may offer these surplus weapons for sale to any active or
retired division of natural resources law-enforcement officer, at
fair market value, with the proceeds from any sales used to offset
the cost of the new weapons.
(d) Upon the death of any current or honorably retired
conservation officer, the chief conservation officer shall, upon
request of the deceased officer's family, furnish a full uniform for burial of the deceased officer.