H. B. 4320
(By Delegates Hamilton, Howard, Ellem,
Caputo, Pethtel, Perry and Evans)
[Introduced February 5, 2004; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §30-29-4 of the code of West Virginia,
1931, as amended; and to amend and reenact §61-7-6 of said
code, all relating to exempting probation officers from
concealed weapons licensing provisions; and providing funding
for purchase of firearms for probation officers and training
for probation officers in the use of those firearms.
Be it enacted by the Legislature of West Virginia:
That §30-29-4 of the code of West Virginia, 1931, as amended,
be amended and reenacted; and that §61-7-6 of said code be amended
and reenacted, all to read as follows:
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
ARTICLE 29. LAW-ENFORCEMENT TRAINING AND CERTIFICATION.
§30-29-4. Special revenue account -- Collections; disbursements;
administrative expenses.
(a) Beginning on the effective date of this article, a two
dollar fee shall be added to the usual court costs of all criminal
court proceedings involving violation of any criminal law of the
state or any county or municipality thereof, excluding violations of municipal parking ordinances.
(b) Beginning on the effective date of this article, a two
dollar fee shall be added to the amount of any cash or property
bond posted for violation of any criminal law of the state or any
county or municipality thereof, excluding bonds posted solely for
violation of municipal parking ordinances. Upon forfeiture of such
bond, the two dollar fee shall be deposited as provided in
subsection (c) of this section.
(c) All fees collected pursuant to subsections (a) and (b) of
this section shall be deposited in a separate account by the
collecting agency. Within ten calendar days following the
beginning of each calendar month, the collecting agency shall
forward the amount deposited to the state treasurer. The treasurer
shall deposit all fees so received to a special revenue account.
Funds in the account shall be disbursed by the governor's
committee, upon recommendation by the subcommittee, for the funding
of law-enforcement training academies and programs and to pay
expenses of the governor's committee in administering the
provisions of this article, which expenses may not in any fiscal
year exceed ten percent of the funds deposited to said special
revenue account during that fiscal year.
(d) Notwithstanding any provision in this code to the
contrary, the cost of procuring firearms and providing firearms
training for
probation officers appointed under the provisions of
section five, article twelve, chapter sixty-two of this code shall
be paid from the special revenue account created by subsection (c) of this section.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
ARTICLE 7. DANGEROUS WEAPONS.
§61-7-6. Exceptions as to prohibitions against carrying concealed
deadly weapons.
The licensure provisions set forth in this article do not
apply to:
(1) Any person carrying a deadly weapon upon his or her own
premises; nor shall anything herein prevent a person from carrying
any firearm, unloaded, from the place of purchase to his or her
home, residence or place of business or to a place of repair and
back to his or her home, residence or place of business, nor shall
anything herein prohibit a person from possessing a firearm while
hunting in a lawful manner or while traveling from his or her home,
residence or place of business to a hunting site and returning to
his or her home, residence or place of business;
(2) Any person who is a member of a properly organized
target-shooting club authorized by law to obtain firearms by
purchase or requisition from this state or from the United States
for the purpose of target practice from carrying any pistol, as
defined in this article, unloaded, from his or her home, residence
or place of business to a place of target practice and from any
place of target practice back to his or her home, residence or
place of business, for using any such weapon at a place of target
practice in training and improving his or her skill in the use of
the weapons;
(3) Any law-enforcement officer or law-enforcement official as
defined in section one, article twenty-nine, chapter thirty of this
code;
(4) Any employee of the West Virginia division of corrections
duly appointed pursuant to the provisions of section five, article
five, chapter twenty-eight of this code while the employee is on
duty;
(5) Any member of the armed forces of the United States or the
militia of this state while the member is on duty;
(6) Any circuit judge, including any retired circuit judge
designated senior status by the supreme court of appeals of West
Virginia, prosecuting attorney, assistant prosecuting attorney or
a duly appointed investigator employed by a prosecuting attorney;
(7) Any probation officer appointed under the provisions of
section five, article twelve, chapter sixty-two of this code;
(7) (8) Any resident of another state who has been issued a
license to carry a concealed weapon by a state or a political
subdivision which has entered into a reciprocity agreement with
this state. The governor may execute reciprocity agreements on
behalf of the state of West Virginia with states or political
subdivisions which have similar gun permitting laws and which
recognize and honor West Virginia licenses issued pursuant to
section four of this article;
(8) (9) Any federal law-enforcement officer or federal police
officer authorized to carry a weapon in the performance of the
officer's duty; and
(9) (10) Any Hatfield-McCoy regional recreation authority
ranger while the ranger is on duty.
NOTE: The purpose of this bill is to exempt probation officers
from concealed weapons licensing provisions. The bill also
provides funding for the purchase of firearms for probation
officers and for training of probation officers in the use of
those firearms.
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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