WEST virginia legislature

2024 regular session

engrossed

Committee Substitute

for

House Bill 5318

By Delegates Kelly, Hott, Ward, Kump, Fehrenbacher, Mallow, Hornby, Phillips, Jeffries, Pinson, and Kirby

[Originating in the Committee on the Judiciary; Reported on February 9, 2024]

A BILL to amend and reenact §30-29-13 of the Code of West Virginia, 1931, as amended, relating to municipal chief executive requirements; and clarifying that persons elected as municipal police chiefs shall be certified law-enforcement officers, or to be certifiable as such, according to the requirements set forth in other applicable provisions of this code; and providing that chief executives elected prior to the effective date are exempt from the requirement.

Be it enacted by the Legislature of West Virginia:

ARTICLE 29. LAW-ENFORCEMENT TRAINING AND CERTIFICATION.

§30-29-13. Chief executive requirements.

Notwithstanding any provision of this code to the contrary, on or after July 1, 2018, any person elected or appointed to serve as the chief executive of a municipal law-enforcement agency shall be a certified, or certifiable as, a law-enforcement officer as provided in §30-29-5 of this code: Provided, That chief executives of municipal law-enforcement agencies employed prior to July 1, 2018, who are not certified law-enforcement officers are exempt from this requirement for purposes of the position he or she holds as of that date:  Provided, however, That elected chief executives of municipal law-enforcement agencies of Class IV towns as defined by §8-1-3 of this Code are exempt from this requirement: Provided further, That chief executives of municipal law-enforcement agencies elected prior to July 1, 2024, who are not certified law-enforcement officers are exempt from this requirement for purposes of the position held unless a break in service from the elected position occurs.