COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 473
(By Senators Fanning and Chafin)
____________
[Originating in the Committee on Natural Resources;
reported February 18, 2010.]
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A BILL to amend and reenact §20-7-4 of the Code of West Virginia,
1931, as amended, relating to empowering conservation officers
to stop vessels to conduct safety checks under certain
circumstances; and permitting officers to board vessels only
with consent or upon probable cause
that there is criminal
activity on board
.
Be it enacted by the Legislature of West Virginia:
That §20-7-4 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 7. LAW ENFORCEMENT, MOTORBOATING, LITTER.
§20-7-4. Powers and duties of conservation officers.
(a) Conservation officers and other persons authorized to
enforce the provisions of this chapter are under the supervision
and direction of the director in the performance of their duties.
(b) Conservation officers have statewide jurisdiction and
have
authority to:
(1) Arrest on sight, without warrant or other court process,
any person or persons committing a criminal offense in violation of
the laws of this state in the presence of the officer, but no
arrest may be made where any form of administrative procedure is
prescribed by this chapter for the enforcement of the provisions of
this chapter;
(2) Carry such arms and weapons as may be prescribed by the
director in the course and performance of their duties, but no
license or other authorization shall be required for this
privilege;
(3) Search and examine, in the manner provided by law, any
boat, vehicle, automobile, conveyance, express or railroad car,
fish box, fish bucket or creel, game bag or game coat or other
place in which hunting and fishing paraphernalia, wild animals,
wild birds, fish, amphibians or other forms of aquatic life could
be concealed, packed or conveyed whenever they have reason to
believe that they would thereby secure or discover evidence of the
violation of the provisions of this chapter;
(4) Execute and serve a search warrant, notice or other
process of law issued under the authority of this chapter or other
law relating to wildlife, forests and all other natural resources,
by a magistrate or court having jurisdiction in the same manner,
with the same authority and with the same legal effect as a
sheriff;
(5) Require the operator of any motor vehicle or other
conveyance on or about the public highways or roadways, or in or near the fields and streams of this state, to stop for the purpose
of allowing the conservation officers to conduct game-kill surveys;
(6) Summon aid in making arrests or seizures or in executing
warrants, notices or processes in the same manner as sheriffs;
(7) Enter private lands or waters within the state while
engaged in the performance of their official duties;
(8) Arrest on sight, without warrant or other court process,
subject to the limitations set forth in subdivision (1) of this
subsection, any person or persons committing a criminal offense in
violation of any law of this state in the presence of the officer
on any state-owned lands and waters and lands and waters under
lease by the Division of Natural Resources and all national forest
lands, waters and parks and U.S. Corps of Army Engineers'
properties within the boundaries of the State of West Virginia and,
in addition to the authority conferred in other subdivisions of
this section, execute all arrest warrants on these state and
national lands, waters and parks and U.S. Corps of Army Engineers'
properties, consistent with the provisions of article one, chapter
sixty-two of this code;
(9) Arrest any person who enters upon the land or premises of
another without written permission from the owner of the land or
premises in order to cut, damage or carry away, or cause to be cut,
damaged or carried away, any timber, trees, logs, posts, fruit,
nuts, growing plants or products of any growing plant. Any person
convicted of cutting, damaging or carrying away, or causing to be
cut, damaged or carried away, any timber, trees, logs, posts, fruits, nuts, growing plants or products of growing plants is
liable to the owner in the amount of three times the value of the
timber, trees, logs, posts, fruit, nuts, growing plants or products
of any growing plant, in addition to and notwithstanding any other
penalties by law provided by section thirteen, article three,
chapter sixty-one of this code;
(10) Make a complaint in writing before any court or officer
having jurisdiction, and procure and execute the warrant, when the
officer knows or has reason to believe that a person has violated
a law of this state. The actions of the conservation officer have
the same force and effect as if made by a sheriff;
(11) Serve and execute warrants for the arrest of any person
and warrants for the search of any premises, buildings, properties
or conveyances issued by a properly constituted authority in the
same manner with the same authority, and with the same legal
effect, as a sheriff;
and
(12)
Stop any vessel subject to this chapter for the purpose
of conducting random, non-discriminatory
safety checks in
accordance with predetermined operational guidelines: Provided,
that a conservation officer may only board the vessel upon probable
cause that there is criminal activity on board the vessel or with
the consent of the operator or owner of the vessel; and
(12)(13) Do all things necessary to carry into effect the
provisions of this chapter.
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(NOTE: The purpose of this bill is to authorize conservation
officers to conduct safety checks
of boats to ensure they are
properly equipped and licensed
.
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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