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.