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Introduced Version Senate Bill 98 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 98

(By Senator Bowman)

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[Introduced February 11, 2009; referred to the Committee on the Judiciary.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60-2-11a, relating to authorizing the Alcohol Beverage Control Commissioner and certain employees to have arrest powers; and authorizing the carrying of a concealed weapon while performing his or her official duties.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §60-2-11a, to read as follows:
ARTICLE 2. ALCOHOL BEVERAGE CONTROL COMMISSIONER.
§60-2-11a. Commissioner and certain employees arrest powers; right to carry a concealed weapon.

(a) With respect to the enforcement of this article, the commissioner and his or her designated inspectors are vested with special police powers, and are authorized to arrest, without formal warrant, any violator of this chapter.
(b) The commissioner may issue a certificate authorizing any designated Alcohol Beverage Control Commission inspector who has successfully completed Department of Public Safety's training program for firearms certification, which shall be the equivalent of that required of deputy sheriffs, to carry firearms and concealed weapons while on duty. Any Alcohol Beverage Control Commission inspector authorized by the commissioner has the right, without a state license, to carry firearms and concealed weapons while on duty. Each Alcohol Beverage Control Commission inspector, authorized by the commissioner, shall carry with him or her a certificate, authorizing him or her to carry a firearm or concealed weapon when performing his or her official duties as an Alcohol Beverage Control Commission inspector, bearing the official signature of the commissioner.
The right is extended to an Alcohol Beverage Control Commission inspector during the time the employee travels from place to place within the state for the purpose of performing his or her official duties as an Alcohol Beverage Control Commission inspector . No Alcohol Beverage Control Commission inspector has the right to carry a firearm or concealed weapon for any other purpose or during any other time, unless the employee has obtained a state license in the manner prescribed in article seven, chapter sixty-one of this code.
NOTE: The purpose of this bill is to
authorize the Alcohol Beverage Control Commissioner and certain employees to have arrest powers; and to authorize the carrying of a concealed weapon while performing his or her official duties.

This section is new; therefore, strike-throughs and underscoring have been omitted.
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