Senate Bill No. 387
(By Senators Wiedebusch, Schoonover, Whitlow,
Buckalew, Bailey and Dittmar)
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[Introduced February 14, 1996; referred to the Committee
on Natural Resources.]
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A BILL to amend and reenact section four, article seven, chapter
twenty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to clarifying the
powers and duties of conservation officers in light of the
West Virginia rules of criminal procedure and recent rulings
from the West Virginia supreme court of appeals.
Be it enacted by the Legislature of West Virginia:
That section four, article seven, chapter twenty of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 7. LAW ENFORCEMENT, MOTORBOATING, LITTER.
§20-7-4. Powers and duties of conservation officers.
Conservation officers and all other persons authorized to enforce the provisions of this chapter shall be under the
supervision and direction of the director in the performance of
their duties as herein provided. The authority, powers and
duties of the conservation officers shall be statewide and they
shall have authority to:
(1) Arrest on sight, without warrant or other court process,
any person or persons committing a criminal offense in violation
of any of the laws of this state, in the presence of such
officer, but no such arrest shall be made where any form of
administrative procedure is prescribed by this chapter for the
enforcement of any of the particular provisions contained herein;
(2) Carry such arms and weapons as may be prescribed by the
director in the course and performance of their duties, but no
license or other authorization shall be required of such officers
for this privilege;
(3) Search and examine, in the manner provided by law, any
boat, vehicle, automobile, conveyance, express or railroad car,
fish box, fish bucket or creel, game bag or game coat, or any
other place in which hunting and fishing paraphernalia, wild
animals, wild birds, fish, amphibians or other forms of aquatic
life could be concealed, packed or conveyed whenever they have reason to believe that they would thereby secure or discover
evidence of the violation of any provisions of this chapter;
(4) Execute and serve any search warrant, notice or any
process of law issued under the authority of this chapter or any
law relating to wildlife, forests, and all other natural
resources, by a magistrate or any court having jurisdiction
thereof, in the same manner, with the same authority, and with
the same legal effect, as any sheriff can serve or execute such
warrant, notice or process;
(5) Require the operator of any motor vehicle or other
conveyance on or about the public highways or roadways, or in or
near the fields and streams of this state, to stop for the
purpose of allowing such officers to conduct game-kill surveys;
(6) Summon aid in making arrests or seizures or in executing
any warrants, notices or processes, and they shall have the same
rights and powers as sheriffs have in their respective counties
in so doing;
(7) Enter private lands or waters within the state while
engaged in the performance of their official duties hereunder;
(8) Arrest on sight, without warrant or other court process,
subject to the limitations set forth in subdivision (1) of this section, any person or persons committing a criminal offense in
violation of any law of this state in the presence of any such
officer on any state-owned lands and waters and lands and waters
under lease by the division of natural resources and all national
forest lands, waters and parks, and U.S. Corps of Army Engineers'
properties within the boundaries of the state of West Virginia,
and, in addition to any authority conferred in the other
subdivisions of this section, execute all warrants of arrest on
such state and national lands, waters and parks, and U.S. Corps
of Army Engineers' properties, consistent with the provisions of
article one, chapter sixty-two of this code;
(9) Arrest any person who enters upon the land or premises
of another without written permission from the owner of the land
or premises in order to cut, damage, or carry away, or cause to
be cut, damaged, or carried away any timber, trees, logs, posts,
fruit, nuts, growing plants, or products of any growing plant.
Any person convicted of the foregoing shall be liable to the
owner in the amount of three times the value of the timber,
trees, logs, posts, fruit, nuts, growing plants, or products of
any growing plant, which shall be in addition to and
notwithstanding any other penalties by law provided by section thirteen, article three, chapter sixty-one of this code; and
(10) Where a conservation officer knows or has reason to
believe that a person has, within the boundaries of this state,
violated any law of this state or of the United States, he or she
may make a complaint in writing before any court or officer
having jurisdiction, procure a warrant, execute the same and
bring the person before the tribunal having jurisdiction, and any
such action by a conservation officer shall have the same force
and effect as if made by a sheriff;
(11) Serve and execute warrants for the arrest of any person
and warrants for the search of any premises issued by a properly
constituted authority, and exercise all powers conferred by law
upon a sheriff except that no conservation officer may serve any
civil process or exercise any other power of a sheriff in a civil
matter;
(10) (12) Do all things necessary to carry into effect the
provisions of this chapter.
NOTE: The purpose of this bill is to clarify the powers and
duties of conservation officers consistent with Rules 3 and 4 of
the West Virginia Rules of Criminal Procedure and recent rulings
by the West Virginia Supreme Court of Appeals.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.