H. B. 2025


(By Delegate Carper)
[Introduced February 10, 1993; referred to the
Committee on the Judiciary.]




A BILL to amend article twenty-nine, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section ten, relating to the use of oleoresin capsicum; allowing certain trained law-enforcement officers to use oleoresin capsicum in performing law-enforcement duties; and releasing certain law-enforcement officers from liability for certain injuries.

Be it enacted by the Legislature of West Virginia:
That article twenty-nine, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section ten, to read as follows:
ARTICLE 29. LAW-ENFORCEMENT TRAINING AND CERTIFICATION.

§30-29-10. Use of Oleoresin Capsicum in law enforcement and liability of officers trained in the use of Oleoresin Capsicum.

Oleoresin Capsicum, which is commonly known as "pepper gas" or "pepper mace" may be used by any certified law-enforcement officer while engaged in official law-enforcement duties if the law-enforcement officer has completed specific training on the proper use of oleoresin capsicum in law enforcement. A law- enforcement officer who has completed specific training in the proper use of oleoresin capsicum as a law-enforcement tool may not be held liable for any injury to any person caused by his or her reasonable use of oleoresin capsicum while performing official law-enforcement duties.



NOTE: The purpose of this bill is to allow the use of "Oleoresin Capsicum" or "Pepper Gas" by law-enforcement officers and to release law-enforcement officers from liability for injuries caused by the reasonable use of oleoresin capsicum while performing official law-enforcement duties.

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