H. B. 2204
(By Delegates Perry, Stemple and Cann)
[Passed March 10, 2007; in effect ninety days from passage.]
AN ACT to amend and reenact §8-14-24 of the Code of West Virginia,
1931, as amended, relating to providing that a retiring
municipal police officer may keep his or her service revolver
at no charge; and providing exceptions.
Be it enacted by the Legislature of West Virginia:
That §8-14-24 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 14. LAW AND ORDER; POLICE FORCE OR DEPARTMENTS; POWERS,
AUTHORITY AND DUTIES OF LAW-ENFORCEMENT OFFICIALS
AND POLICEMEN; POLICE MATRONS; SPECIAL SCHOOL ZONE
AND PARKING LOT OR PARKING BUILDING POLICE
OFFICERS; CIVIL SERVICE FOR CERTAIN POLICE
§8-14-24. Right to receive complete standard uniform; right to
acquire badge; and right to keep service revolver.
(a) A police officer, upon honorable retirement, is authorized
to maintain at his or her own cost a complete standard uniform from
the law-enforcement agency of which he or she was a member, and
shall be issued an identification card indicating his or her
honorable retirement from the law-enforcement agency. The uniform
may be worn by the officer in retirement only on the following
occasions: Police Officer's Memorial Day, Law-Enforcement
Appreciation Day, at the funeral of a law-enforcement officer or
during any other police ceremony. The honorably retired officer is
authorized to acquire a badge of the law-enforcement agency from
which he or she is retired with the word "retired" placed on it.
Upon retirement, a police officer is entitled to keep,
without charge, his or her service revolver, after a determination
by the chief of police:
(1) That the police officer is retiring honorably with at
least twenty years of recognized law-enforcement service; or
(2) That the police officer is retiring with less than twenty
years of service and that he or she is totally physically disabled
as a result of service as a police officer.
(c) Notwithstanding the provisions of subsection (b) of this
section, the chief of police may not award a service revolver to
any police officer who has been declared mentally incompetent by a
licensed physician or a court of law, or who, in the opinion of the
chief of police, constitutes a danger to any person or the community.