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.