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Introduced Version - Originating in Committee Senate Concurrent Resolution 47 History

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SENATE CONCURRENT RESOLUTION NO. 47

(By Senators Kessler, Browning, Chafin, Foster, Jenkins, Laird, Minard, Palumbo, Snyder, Stollings, Williams, Yost, Barnes, Deem and Hall)

[Originating in the Committee on the Judiciary]


Requesting the Joint Committee on the Judiciary to study the option of expanding the responsibilities of the law-enforcement training subcommittee and renaming it the law-enforcement professional standards subcommittee for the primary purposes of establishing uniform standards for the decertification of law-enforcement officers pursuant to instances of major misconduct and to establish a database of law-enforcement officers who were disciplined for certain behavior or resigned during disciplinary proceedings.

Whereas, there are no uniform standards for the decertification of law enforcement officers for major misconduct occurring within the scope of their employment as sworn law enforcement officers; and
Whereas, there is no centralized system for law enforcement organizations to perform preliminary research on applicants and whether they have been the subject of discipline in their prior jobs within the state; and
Whereas, the law-enforcement training subcommittee is responsible for developing procedures related to training of law- enforcement officers in West Virginia, but there is no state body responsible for law-enforcement professional standards; and
Whereas, there have been multiple instances recently of law- enforcement officers in West Virginia changing jobs from one law- enforcement entity to another after the law-enforcement officer either was disciplined or resigned during disciplinary procedures; and
Whereas, the people of West Virginia would benefit from law- enforcement entities utilizing a centralized database that tracks certain discipline law-enforcement officers have received and instances of law-enforcement officers resigning during disciplinary procedures; and
Whereas, Senate Bill 554 was introduced to address these situations during the 2010 Legislative session, but stakeholders and interested parties believed more time and attention should be given to crafting a solution; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on the Judiciary is hereby requested to study the possibility of establishing a database of law- enforcement officers who were disciplined for certain behavior or resigned during disciplinary proceedings; and, be it
Further Resolved, That the study address what type of behavior and disciplinary actions shall be reported to any established database and how such information shall be reported; and, be it
Further Resolved, That the study address the future use of any established directory by law-enforcement entities, with special focus on the potential requirement of checking the database before hiring and law-enforcement officer; and, be it
Further Resolved, That the study shall review the feasibility of expanding the responsibilities of the law-enforcement training subcommittee and renaming it the law-enforcement professional standards subcommittee; and, be it
Further Resolved, That the study address providing the authority to decertify law-enforcement officers and under what situation such action may be taken; and, be it
Further Resolved, That the
Joint Committee on the Judiciary report to the regular session of the Legislature in 2011 on its findings, conclusions and recommendations, together with any legislation necessary to effectuate its recommendations ; and, be it
Further Resolved, That expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the
Joint Committee on the Judiciary .
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