Senate Bill No. 115
(By Senators Dalton and Bailey)
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[Introduced February 24, 1993; referred to the Committee
on the Judiciary; and then to the Committee on Finance.]
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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; and to amend article two, chapter fifteen of said code by adding thereto a new section, designated section seventeen-a, 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 sectionseventeen-d; that article fourteen, chapter eight of said code be amended by adding thereto a new section, designated section twenty-four; and that article two, chapter fifteen of said code be amended by adding thereto a new section, designated section seventeen-a, 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 deputy sheriff, upon retirement, shall retain from the law-enforcement agency of which he or she was a member, 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 officer is authorized to acquire a badge of the law- enforcement agency from which he or she is retired with the word "retired" placed on it. Any retired deputy sheriff has the right to carry a concealed firearm without the license required by the provisions of article seven, chapter sixty-one of this code, if the retiree otherwise meets the qualifications of persons entitled to be licensed to carry a firearm.

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 police officer, upon retirement, shall retain from the law-enforcement agency of which he or she was a member, 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, Law Enforcement Appreciation Day, at the funeral of a law-enforcement officer or during any other police ceremony. The retired officer is authorized to acquire a badge of the law- enforcement agency from which he or she is retired with the word "retired" placed on it. Any retired police officer has the right to carry a concealed firearm without the license required by the provisions of article seven, chapter sixty-one of this code, if the retiree otherwise meets the qualifications of persons entitled to be licensed to carry a firearm.

CHAPTER 15. PUBLIC SAFETY.

ARTICLE 2. DEPARTMENT OF PUBLIC SAFETY.

§15-2-17a. Right to receive complete standard uniform; and right to carry firearm.

A member of the division of public safety, upon retirement,shall receive without cost to him or her from the division a complete standard uniform of that law-enforcement agency and an identification card indicating his or her retirement from the division. The uniform may be worn by the member 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 member is authorized to acquire a badge of the division with the word "retired" placed on it. Any retired member of the division of public safety has the right to carry a concealed firearm without the license required by the provisions of article seven, chapter sixty-one of this code, if the retiree otherwise meets the qualifications of persons entitled to be licensed to carry a firearm.

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.

§§7-14-17d, 8-14-24 and 15-2-17a are new; therefore, strike- throughs and underscoring have been omitted.