ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 208
(By Senators Unger, Kessler, Prezioso, Sharpe, Jenkins, Caldwell,
Rowe, Smith, McKenzie, Boley, White, McCabe, Fanning, Dempsey,
Hunter and Facemyer)
____________
[Originating in the Committee on the Judiciary;
reported February 5, 2004.]
____________
A BILL to amend and reenact §15-2-13 of the code of West Virginia,
1931, as amended, relating to allowing members of the state
police to engage in certain political activities while out of
uniform and off duty.
Be it enacted by the Legislature of West Virginia:
That §15-2-13 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-13. Limitations upon members; exceptions.
(a) No member of the
department of public safety West Virginia
state police may in any way interfere with the rights or property
of any person except for the prevention of crime.
(b) No member of the
department of public safety West Virginia state police may in any way become active or take part in any
political contest or at any time participate in any political party
caucus, committee, primary, assembly or convention or in any
general or special election
while in uniform, except to cast his
or
her ballot.
(c) No member of the
department of public safety West Virginia
state police may be detailed or ordered to duty at or near any
voting precinct where any election or convention is held on the day
of
such an election or convention; nor
shall may any member thereof
remain in, about or near
such the voting precinct or place of
convention, except to cast his
or her vote. After voting he
or she
shall forthwith retire from
such the voting precinct. No member
of
the department may act as an election official. If any member of
the
department of public safety West Virginia state police is found
guilty of violating any of the provisions of this section, he
or
she shall be dismissed
from the department by the superintendent as
hereinafter provided.
(d) While out of uniform and off duty, no member of the West
Virginia state police may participate in any political activity
except:
(1) Campaign for and hold office in political clubs and
organizations;
(2) Actively campaign for candidates for public office in
partisan and nonpartisan elections; and
(3) Contribute money to political organizations and attend
political fund-raising functions.
(e) No member of the West Virginia state police may at any
time:
(1) Be a candidate for public office in a nonpartisan or
partisan election;
(2) Use official authority or influence to interfere with or
affect the results of an election or nomination; or
(3) Directly or indirectly coerce contributions from
subordinates in support of a political party or candidate.
(f) No officer or member of the
department of public safety
West Virginia state police may, in any labor trouble or dispute
between employer and employee, aid or assist either party thereto,
but shall in
such these cases see that the statutes and laws of
this state are enforced in a legal way and manner.
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