H. B. 2523
(By Delegates Everson, Kelly, Stalnaker,
Trump, Williams and Staton)
[Introduced March 13, 1997; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section seventeen, article two,
chapter fifteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended; and to amend and
reenact section six, article eight of said chapter, all
relating to increasing the crime of impersonating a state
policeman and deputy sheriff to a felony.
Be it enacted by the Legislature of West Virginia:
That section seventeen, article two, chapter fifteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; and that section six, article
eight of said chapter be amended and reenacted, all to read as
follows:
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-17. Unauthorized use of uniform, badge or other insignia;
impersonation of member; penalty.
(a) Every person who is not a member of the department is
hereby forbidden to wear, use, order to be used or worn, copy or
imitate in any respect or manner the uniform prescribed for
members of the department of public safety state police, and any
person who shall violate the provisions of this article, for
which no other penalty is expressly provided, and any person who
shall falsely represent himself or herself to be an officer or
member of the department of public safety state police, or to be
under the order or direction of any officer or member of said the
department, or who shall, unless an officer or member thereof,
wear the uniform prescribed for members of said the department,
or the badge or other insignia adopted or used by said the
department, shall be guilty of a misdemeanor and, upon conviction
thereof, shall be fined not more than two hundred thousand
dollars, or imprisoned in the county jail for not more than six
months years, or both fined and imprisoned.
(b) Any person who falsely represents himself or herself to
be an officer or member of the state police during the commission
of any crime, or who does so in a fraudulent manner with the
intent to gain any advantage over or from another person is
guilty of a felony and, upon conviction thereof, shall be
incarcerated in a correctional facility for not less than one nor
more than two years, or fined not more than five thousand dollars, or both incarcerated and fined.
ARTICLE 8. WEST VIRGINIA SHERIFFS' BUREAU.
§15-8-6. Standard color for motor vehicles used by sheriffs;
standard badges and uniforms; wearing other than
standard uniform or badge; unauthorized wearing of
official uniforms or badges.
(1) (a) The bureau may by proper rules and regulations adopt
a standard color for use on the motor vehicles used by the
various sheriffs and deputy sheriffs of West Virginia.
(2) For purposes of uniformity the bureau may establish a
standard badge and uniform to be worn by all sheriffs and deputy
sheriffs.
(3) On and after the first day of January, one thousand nine
hundred sixty-five, it shall be unlawful for any sheriff or
deputy sheriff to wear other than the standard uniform and badge
as provided by the preceding paragraph, except when engaged in
undercover work or other similar duties wherein the identity of
the officer should be undisclosed. When so adopted by the bureau
it shall be unlawful for any person other than sheriffs and
deputy sheriffs to wear an official sheriff's badge or uniform as
prescribed by the bureau, or to wear a badge or insignia of such
similarity to the official sheriff's badge as to be
indistinguishable therefrom at a distance of twenty feet: Provided, That nothing herein shall be construed to prevent
members of any military, fraternal or similar organization or any
other law-enforcement officer from wearing any insignia
officially adopted or worn prior to the effective date of this
section.
(4) Violation of any of the provisions of this section shall
upon conviction thereof, be a misdemeanor and, subject to a fine
of not more than five hundred dollars or imprisonment in the
county jail not to exceed six months, or both such fine and
imprisonment.
(b) Any person who falsely represents himself or herself to be
a sheriff or member of a sheriff's office during the commission
of any crime, or who does so in a fraudulent manner with the
intent to gain any advantage over or from another person is
guilty of a felony and, upon conviction thereof, shall be
incarcerated in a correctional facility or center for not less
than one nor more than two years, or fined not more than five
thousand dollars, or both incarcerated and fined.
NOTE: The purpose of this bill is to provide that the act of
impersonating a police officer is a felony when done so during
the commission of a crime or in order to take advantage of
another person.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that
would be added.