COMMITTEE SUBSTITUTE
FOR
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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[Originating in the Committee on the Judiciary;
reported February 6, 1998.]
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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 the
structure of the state police; and increasing the number of
principal supervisors who may be appointed by the state police
superintendent from eleven to fifteen.
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 troops, districts and detachments as are
required for the proper administration of the department. Each
company troop, district or detachment shall be composed of the
number of officers and members the superintendent determines
necessary to meet operational needs and are required for the
efficient operation of the department. The superintendent shall
establish the general organizational structure of the state police
by interpretive rule in accordance with the provisions of article
three, chapter twenty-nine-a of this code.
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 or she deems necessary to operate and maintain the
executive offices, training school, scientific and forensic
laboratory, and to 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 and cadet trooper. Each
such member while in uniform shall wear the insignia of rank as
provided by law and written 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 written 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 are 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 remains eligible for promotion or reclassification under the
provisions of the career progression system if his or her permanent
rank is below that of captain first lieutenant. Upon the
termination of a temporary appointment by the superintendent, the
member shall remains eligible for subsequent appointment to a
temporary rank and may not be entitled to the full rights and
privileges of reduced to a rank or classification below his or her
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
criminilists. Procedure for appointments and classification
is covered.
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