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Engrossed Version Senate Bill 738 History

OTHER VERSIONS  -  Introduced Version - Originating in Committee  |  DOWNLOAD  wpd  |  Email


sb738 eng
ENGROSSED

Senate Bill No. 738

(By Senators Bowman, Bailey, Harrison, Jenkins, Lanham, McCabe, Minard, Weeks and White)

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[Originating in the Committee on Government Organization;

reported March 23, 2005.]

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A BILL to amend and reenact §15-5-15 of the Code of West Virginia, 1931, as amended, relating to prohibiting emergency service personnel and others involved in homeland security from being convicted felons; and requiring background checks.

Be it enacted by the Legislature of West Virginia:
That §15-5-15 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 5. EMERGENCY SERVICES.

§15-5-15. Emergency service personnel.

(a) No person shall be employed or associated in any capacity in homeland security or any emergency service organization established under this article who has been convicted of a felony or who advocates or has advocated a change by force or violence in the constitutional form of the government of the United States or this state or the overthrow of any government in the United States by force or violence or who has been convicted of or is under indictment or information charging any subversive act against the United States.
(b) Each person who is appointed to serve in an organization for emergency services shall undergo a background check and shall, before entering upon his duties, take an oath, in writing, before a person authorized to administer oaths in this state, which shall be substantially as follows:
"I,_________________, do solemnly swear or affirm that I will support and defend the Constitution of the United States and the Constitution of West Virginia, against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; that I am not a convicted felon; and that I will well and faithfully and competently discharge the duties upon which I am about to enter.
"And I do further swear or affirm that I do not advocate, nor am I a member of any political party or organization that advocates, the overthrow of the government of the United States or this state by force or violence; and that during such time as while I am a member of the (name of organization) I will not advocate or become a member of any political party or organization that advocates the overthrow of the government of the United States or this state by force or violence.".

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