H. B. 4029
(By Delegate Mezzatesta, (By Request))
[Introduced January 19, 1998; referred to the
Committee on Political Subdivisions then the Judiciary.]
A BILL to amend and reenact section one, article twenty-nine,
chapter thirty of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to law- enforcement training and certification; providing
definitions; and providing that the chief deputy sheriff of
any West Virginia county shall be included within the
definition of chief executive of a law-enforcement agency.
Be it enacted by the Legislature of West Virginia:
That section one, article twenty-nine, chapter thirty of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted, all to read as follows:
ARTICLE 29. LAW-ENFORCEMENT TRAINING AND CERTIFICATION.
§30-29-1. Definitions.
For the purposes of this article, unless a different meaning clearly appears in the context:
"Approved law-enforcement training academy" means any
training facility which is approved and authorized to conduct
law-enforcement training as provided in this article;
"Chief executive" means the superintendent of the state
police; the chief conservation officer of the division of natural
resources; the sheriff of any West Virginia county; the chief
deputy sheriff of any West Virginia county; or the chief of any
West Virginia municipal law-enforcement agency;
"County" means the fifty-five major political subdivisions
of the state;
"Exempt rank" means any noncommissioned or commissioned rank
of sergeant or above;
"Governor's committee on crime, delinquency and correction"
or "governor's committee" means the governor's committee on
crime, delinquency and correction established as a state planning
agency pursuant to section one, article nine, chapter fifteen of
this code;
"Law-enforcement officer" means any duly authorized member
of a law-enforcement agency who is authorized to maintain public
peace and order, prevent and detect crime, make arrests and
enforce the laws of the state or any county or municipality
thereof, other than parking ordinances, and shall include those persons employed as security officers at state institutions of
higher education in accordance with the provisions of section
five, article four, chapter eighteen-b of this code, although
those institutions may not be considered law-enforcement
agencies. The term also includes those persons employed as
rangers by the Hatfield-McCoy regional recreation authority in
accordance with the provisions of section six, article fourteen,
chapter twenty of this code, although the authority may not be
considered a law-enforcement agency: Provided, That the subject
rangers shall pay the tuition and costs of training. As used in
this article, the term "law-enforcement officer" does not apply
to the chief executive of any West Virginia law-enforcement
agency or any watchman or special conservation officer;
"Law-enforcement official" means the duly appointed chief
administrator of a designated law-enforcement agency or a duly
authorized designee;
"Municipality" means any incorporated town or city whose
boundaries lie within the geographic boundaries of the state;
"Subcommittee" or "law-enforcement training subcommittee"
means the subcommittee of the governor's committee on crime,
delinquency and correction created by section two of this
article; and
"West Virginia law-enforcement agency" means any duly authorized state, county or municipal organization employing one
or more persons whose responsibility is the enforcement of laws
of the state or any county or municipality thereof: Provided,
That neither the Hatfield-McCoy regional recreation authority nor
any state institution of higher education may be deemed a
law-enforcement agency.
NOTE: The purpose of this bill is to give the chief deputy
sheriff of any county the status of a chief executive of a law- enforcement agency.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.