COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 115
(By Senators Dalton and Bailey)
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[Originating in the Committee on the Judiciary;
reported March 3, 1993.]
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A BILL to amend article fourteen, chapter seven of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
seventeen-d; to amend article fourteen, chapter eight of
said code by adding thereto a new section, designated
section twenty-four, all relating to retired law-enforcement
officers; requiring the law-enforcement agency to permit
retiring members to retain their complete standard uniform;
identifying occasions on which retiree may wear uniform; and
authorizing retired law-enforcement officer to carry a
firearm without a license.
Be it enacted by the Legislature of West Virginia:
That article fourteen, chapter seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
seventeen-d; that article fourteen, chapter eight of said code be
amended by adding thereto a new section, designated section
twenty-four, all to read as follows:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 14. CIVIL SERVICE FOR DEPUTY SHERIFFS.
§7-14-17d. Right to receive complete standard uniform; and right
to carry firearm.
(a) A deputy sheriff, upon retirement, shall retain from the
law-enforcement agency of which he or she was a member and
maintain at his or her expense, a complete standard uniform of
that law-enforcement agency and an identification card indicating
his retirement from the law-enforcement agency. The uniform may
be worn by the officer in retirement only on the following
occasions: Police Officer's Memorial Day, Law Enforcement
Appreciation Day, at the funeral of a law-enforcement officer or
during any other police ceremony. The retired deputy sheriff is
authorized to acquire a badge of the law-enforcement agency from
which he or she is retired with the word "retired" permanently
affixed on it for use solely at the ceremonies referred to
herein.
(b) Upon retirement or medical discharge from the sheriff's
department, and with the written consent of the sheriff, any
retired or medically discharged deputy sheriff may carry a
handgun for a period of five years following retirement or
medical discharge notwithstanding the provisions of article
seven, chapter sixty-one of this code. A retired or medically
discharged deputy sheriff desiring to carry a handgun after
retirement or medical discharge must provide his or her own
handgun. Upon being authorized to carry a handgun, each deputy
shall be presented with a letter of authorization signed by the
sheriff authorizing the retired or medically discharged deputy to
carry a handgun, and the written authorization shall be carriedby the retired or medically discharged deputy at all times that
he or she has a handgun on his or her person. The sheriff may
revoke the authority at any time without cause and without
recourse. Conviction of the retired or medically discharged
member for the commission of any felony or for a misdemeanor
involving the improper or illegal use of a firearm shall cause
this authority to terminate immediately without a hearing or
other recourse and without any action on the part of the sheriff.
Every county sheriff shall prescribe requirements necessary for
the issuance and continuance of the authority herein granted.
The authority granted herein shall be for a period of five years
immediately following retirement or medical discharge and shall
not be renewed or extended for a longer term.
CHAPTER 8. MUNICIPAL CORPORATIONS.
ARTICLE 14. LAW AND ORDER; POLICE FORCE OR DEPARTMENTS; POWERS,
AUTHORITY AND DUTIES OF LAW-ENFORCEMENT OFFICIALS AND
POLICEMEN; POLICE MATRONS; SPECIAL SCHOOL ZONE AND PARKING
LOT OR PARKING BUILDING POLICE OFFICERS; CIVIL SERVICE FOR
CERTAIN POLICE DEPARTMENTS.
§8-14-24. Right to receive complete standard uniform; and right
to carry firearm.
(a) A police officer, upon retirement, shall retain from the
law-enforcement agency of which he or she was a member, and
maintain at his or her expense a complete standard uniform of
that law-enforcement agency and an identification card indicating
his or her retirement from the law-enforcement agency. The
uniform may be worn by the officer in retirement only on the
following occasions: Police Officer's Memorial Day, LawEnforcement Appreciation Day, at the funeral of a law-enforcement
officer or during any other police ceremony. The retired officer
is authorized to acquire at his or her expense a badge of the
law-enforcement agency from which he or she is retired with the
word "retired" permanently affixed on it for use solely at the
ceremonies referred to herein.
(b) Upon retirement or medical discharge from the police
agency and with the written consent of the chief of police, any
retired or medically discharged officer may carry a handgun for
a period of five years following retirement or medical discharge
notwithstanding the provisions of article seven, chapter
sixty-one of this code. A retired or medically discharged
officer desiring to carry a handgun after retirement or medical
discharge, must provide his or her own handgun. Upon being
authorized to carry a handgun, each officer shall be presented
with a letter of authorization signed by the chief of police
authorizing the retired or medically discharged officer to carry
a handgun, and the written authorization shall be carried by the
retired or medically discharged member at all times that he or
she has a handgun on his or her person. The chief of police may
revoke the authority at any time without cause and without
recourse. Conviction of the retired or medically discharged
officer for the commission of any felony or for a misdemeanor
involving the improper or illegal use of a firearm shall cause
this authority to terminate immediately without a hearing or
other recourse and without any action on the part of the chief of
police. The chief of police shall prescribe requirements
necessary for the issuance and continuance of the authorityherein granted. The authority granted herein shall be for a
period of five years immediately following retirement or medical
discharge and shall not be renewed or extended for a longer term.
NOTE: The purpose of this bill is to require law-
enforcement agencies to permit retiring members to retain
uniforms upon retirement. It lists occasions on which the
retiree may wear the uniform. It also authorizes the retiring
officer to carry a firearm without a license.