H. B. 4453
(By Delegates Stemple, Poling, Varner and Pethtel)
[Introduced February 7, 2006; referred to the
Committee on Agriculture and Natural Resources then the
Judiciary.]
A BILL to amend and reenact §20-7-4 of the Code of West Virginia,
1931, as amended, relating to law-enforcement powers and
duties of conservation officers; procuring and executing
arrest and search warrants on certain lands and waters.
Be it enacted by the Legislature of West Virginia:
That §20-7-4 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 7. LAW ENFORCEMENT, MOTORBOATING, LITTER.
§20-7-4. Powers and duties of conservation officers.
(a) Conservation officers and
all other persons authorized to
enforce the provisions of this chapter
shall be are under the
supervision and direction of the director in the performance of
their duties.
as herein provided The authority, powers and duties
of the conservation officers shall be
(b) Conservation officers have statewide
jurisdiction and
they
shall have authority to:
(1) Arrest on sight, without warrant or other court process,
any person or persons committing a criminal offense in violation of
any of the laws of this state, in the presence of
such the officer,
but no
such arrest
shall may be made where any form of
administrative procedure is prescribed by this chapter for the
enforcement of
any of the particular the provisions
contained
herein of this chapter;
(2) Carry such arms and weapons as may be prescribed by the
director in the course and performance of their duties, but no
license or other authorization shall be required
of such officers
for this privilege;
(3) Search and examine, in the manner provided by law, any
boat, vehicle, automobile, conveyance, express or railroad car,
fish box, fish bucket or creel, game bag or game coat or
any other
place in which hunting and fishing paraphernalia, wild animals,
wild birds, fish, amphibians or other forms of aquatic life could
be concealed, packed or conveyed whenever they have reason to
believe that they would thereby secure or discover evidence of the
violation of
any the provisions of this chapter;
(4) Execute and serve
any a search warrant, notice or
any
other process of law issued under the authority of this chapter or
any other law relating to wildlife, forests, and all other natural resources, by a magistrate or
any court having jurisdiction
thereof, in the same manner, with the same authority and with the
same legal effect as
any a sheriff;
can serve or execute such
warrant, notice or process
(5) Require the operator of any motor vehicle or other
conveyance on or about the public highways or roadways, or in or
near the fields and streams of this state, to stop for the purpose
of allowing
such the conservation officers to conduct game-kill
surveys;
(6) Summon aid in making arrests or seizures or in executing
any warrants, notices or processes,
and they shall have in the same
rights and powers manner as sheriffs;
have in their respective
counties in so doing
(7) Enter private lands or waters within the state while
engaged in the performance of their official duties;
hereunder
(8) Arrest on sight, without warrant or other court process,
subject to the limitations set forth in subdivision (1) of this
section, any person or persons committing a criminal offense in
violation of any law of this state in the presence of
any such the
officer on any state-owned lands and waters and lands and waters
under lease by the Division of Natural Resources and all national
forest lands, waters and parks and U.S. Corps of Army Engineers'
properties within the boundaries of the State of West Virginia and,
in addition to
any the authority conferred in
the other subdivisions of this section, execute all
arrest warrants
of arrest
on
such these state and national lands, waters and parks and U.S.
Corps of Army Engineers' properties, consistent with the provisions
of article one, chapter sixty-two of this code;
(9) Arrest any person who enters upon the land or premises of
another without written permission from the owner of the land or
premises in order to cut, damage or carry away, or cause to be cut,
damaged or carried away, any timber, trees, logs, posts, fruit,
nuts, growing plants or products of any growing plant. Any person
convicted of
the foregoing cutting, damaging or carrying away or
causing to be cut, damaged or carried away any timber, trees, logs,
posts, fruits, nuts, growing plants or products of growing plants
shall be is liable to the owner in the amount of three times the
value of the timber, trees, logs, posts, fruit, nuts, growing
plants or products of any growing plant,
which shall be in addition
to and notwithstanding any other penalties by law provided by
section thirteen, article three, chapter sixty-one of this code;
and
(10) Make a complaint in writing before any court or officer
having jurisdiction, and procure and execute the warrant, when the
officer knows or has reason to believe that a person has violated
a law of this state. The actions of the conservation officer have
the same force and effect as if made by a sheriff;
(11) Serve and execute warrants for the arrest of any person and warrants for the search of any premises, buildings, properties
or conveyances issued by a properly constituted authority in the
same manner, with the same authority, and with the same legal
effect, as a sheriff; and
(10) (12) Do all things necessary to carry into effect the
provisions of this chapter.
NOTE: The purpose of this bill is to clarify the powers and
duties of conservation officers as it relates to the enforcement of
litter and other laws.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.