Senate Bill No. 215
(By Senators Buckalew, Snyder, Dugan, Sprouse, Ross, Dittmar,
Hunter, Bowman, Love, Ball, Boley, Deem, White, Fanning, Scott,
Anderson, Walker, Kessler, Kimble, Chafin, Jackson, Sharpe,
Helmick, Oliverio, Craigo, Prezioso, Schoonover, Minear,
McKenzie, Wooton and Tomblin, Mr. President)
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[Introduced January 26, 1998; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact sections three and four, article two,
chapter fifteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, all relating to state
police structure; appointment of officers, commissioned and
noncommissioned; and providing that members assigned to the
forensic laboratory hold title of trooper and be classified
as criminalists.
Be it enacted by the Legislature of West Virginia:
That sections three and four, article two, chapter fifteen
of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, all to read as
follows:
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-3. State police structure; how established.
The superintendent shall create, appoint and equip
a
department of public safety the state police, which shall
consist
of the number of companies, districts and detachments as are be
structured as required for the proper administration of the
department. Each
company, district or detachment state police
office shall be composed of the number of officers and members
the superintendent determines are required for the efficient
operation of the department.
The superintendent shall provide adequate facilities for the
training of all members of the department and shall prescribe
a
basic training
course requirements for newly enlisted members.
He shall also provide advanced or in-service training from time
to time for all members of the department. The superintendent
shall hold training classes for other peace officers in the state
without cost to such officers, except actual expenses for food,
lodging and school supplies.
§15-2-4. Appointment of commissioned officers, noncommissioned
officers, other members; temporary and permanent
positions.
The superintendent shall appoint, from the enlisted
membership of the department, a deputy superintendent who shall
hold the rank of lieutenant colonel and be next in authority to
the superintendent. The superintendent shall appoint, from the
enlisted membership of the department, the number of other
officers and members
he the superintendent deems necessary to
operate and maintain the executive offices, training school,
scientific forensic laboratory, keep records relating to crimes
and criminals, coordinate traffic safety activities, maintain a
system of supplies and accounting and perform other necessary
services.
The ranks within the membership of the department shall be
colonel, lieutenant colonel, major, captain, first lieutenant,
second lieutenant, first sergeant, sergeant, corporal, trooper
first class, senior trooper,
or trooper
or cadet trooper. Each
such member while in uniform shall wear the insignia of rank as
provided by law and departmental
regulations policies. Members
assigned to the forensic laboratory shall hold the title of
trooper, be classified as criminalists and wear the insignia of
classification as provided by departmental policies.
The superintendent may appoint from the membership of the
department
eleven fifteen principal supervisors who shall receive
the compensation and hold the temporary rank of lieutenant colonel, major or captain at the will and pleasure of the
superintendent. Such appointments shall be exempt from any
eligibility requirements established by the career progression
system. Any person appointed to a temporary rank under the
provisions of this article shall
retain his permanent rank or
classification and shall remain eligible for promotion or
reclassification
under the provisions of the career progression
system if
his the person's permanent rank is below that of
captain first lieutenant. Upon the termination of a temporary
appointment by the superintendent, the member
shall may not be
entitled to the full rights and privileges of reduced to a rank
or classification below his the member's permanent rank or
classification
unless the reduction results from disciplinary
action and shall remain eligible for subsequent appointment to a
temporary rank.
NOTE: The purpose of this bill is to provide for state
police structure and changing references from Department of
Public Safety to State Police. It also provides that members
assigned to the forensic laboratory hold title of trooper and be
classified as criminalists. Procedure for appointments and
classification is covered.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
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