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Enrolled Version - Final Version House Bill 4671 History

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ENROLLED

H. B. 4671


(By Delegates Michael, Boggs, Proudfoot, Ashley,

Browning, G. White and Stalnaker)



[Passed March 13, 2004; in effect ninety days from passage.]



AN ACT to amend and reenact §15-2-43 of the code of West Virginia, 1931, as amended; and to amend and reenact §20-7-1d of said code, all relating to the disposal of law-enforcement weapons when replaced due to routine wear.

Be it enacted by the Legislature of West Virginia:
That §15-2-43 of the code of West Virginia, 1931, as amended, be amended and reenacted; and that §20-7-1d of said code be amended and reenacted, all to read as follows:
CHAPTER 15. PUBLIC SAFETY.

ARTICLE 2.
WEST VIRGINIA STATE POLICE.

§15-2-43
.
Awarding service revolver upon retirement and disposal of service weapon when replaced due to routine wear.

(a) Upon the retirement of a member of the West Virginia state police, the superintendent shall award to the retiring member his or her service revolver, without charge, upon determining:
(1) That the retiring member is retiring honorably with at least twenty years of service; or
(2) Such retiring member is retiring with less than twenty years of service based upon a determination that such member is totally physically disabled as a result of his or her service with the West Virginia state police
.
(b) Notwithstanding the provisions of subsection (a) of this section, the superintendent may not award his or her service revolver to any member whom the superintendent finds to be mentally incapacitated or who constitutes a danger to any person or the community.
(c) The disposal of state police service weapons, when replaced due to routine wear, shall not fall under the jurisdiction of the agency for surplus property, within the purchasing division of the department of administration. The superintendent may offer these surplus weapons for sale to any active or retired member of the state police, at fair market value, with the proceeds from any sales used to offset the cost of the new weapons.
CHAPTER 20. NATURAL RESOURCES.

ARTICLE 7.
LAW ENFORCEMENT, MOTORBOATING, LITTER.

§20-7-1d. Awarding service revolver upon retirement; disposal of service weapon when replaced due to routine wear; and furnishing uniform for burial.

(a) Upon the retirement of any full-time salaried conservation officer, the chief conservation officer shall award to the retiring conservation officer his or her service revolver, without charge, upon determining:
(1) That the conservation officer is retiring honorably with at least twenty-five years of recognized law-enforcement service as determined by the chief conservation officer; or
(2) That such conservation officer is retiring with less than twenty-five years of service based upon a determination that he or she is totally physically disabled as a result of service with the division.
(b) Notwithstanding the provisions of subsection (a) of this section, the chief conservation officer shall not award a service revolver to any conservation officer who has been declared mentally incompetent by a licensed physician or any court of law, or who, in the opinion of the chief conservation officer, constitutes a danger to any person or the community.
(c) The disposal of law-enforcement service weapons, when replaced due to routine wear, shall not fall under the jurisdiction of the agency for surplus property, within the purchasing division of the department of administration. The chief conservation officer may offer these surplus weapons for sale to any active or retired division of natural resources law-enforcement officer, at fair market value, with the proceeds from any sales used to offset the cost of the new weapons.
(d) Upon the death of any current or honorably retired conservation officer, the chief conservation officer shall, upon request of the deceased officer's family, furnish a full uniform for burial of the deceased officer.
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