H. B. 4516
(By Delegates Overington, Modesitt,
Stemple, Ashley and Laird)
[Introduced February 11, 2000; referred to the
Committee on the Judiciary.]
A BILL to amend article two, chapter fifteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section thirty-a,
relating to police canines; and superintendent authorized to
elect certain options of disposal.
Be it enacted by the Legislature of West Virginia:
That article two, chapter fifteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
thirty-a, to read as follows:
Article 2. West Virginia State Police.
§15-2-30a. Disposal of state police canines.
(a) Whenever any canine belonging to the state police reaches
that point in its normal life cycle that it is no longer of any use
or service for law-enforcement purposes, the superintendent shall dispose of the animal as set forth in this section. The disposal
shall be predicated upon a determination that the animal is of no
further service to the state police for its intended purpose, and
that it is not suitable for sale or transfer to another
law-enforcement agency within West Virginia.
(b) Notwithstanding any other provision of this code, the
superintendent may dispose of state police canines by whichever of
the following means he or she determines to be most appropriate,
given the totality of the circumstances:
(1) Transfer ownership of the animal to the animal's handler;
(2) Transfer ownership of the animal to some other person who
wishes to maintain the animal as a pet; or
(3) Have the animal put down by a person licensed in the
practice of veterinary medicine.
(c) In the event ownership of an animal is transferred
pursuant to the authority granted under this section, the documents
executed pursuant to the transfer shall include language absolving
the state of liability for any injuries or other damage as may be
caused by the animal after the date of transfer.
NOTE: The purpose of this bill is to allow the superintendent
of the state police to reasonably dispose of police canines which
are no longer of any service to the division.
This section is new; therefore, strike-throughs and
underscoring have been omitted.