H. B. 2948


(By Delegates Yeager, Marshall,

Ashley, Williams and Stemple)


[Introduced March 21, 2001; referred to the

Committee on Agriculture and Natural Resources then the Judiciary.]



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 empowering conservation officers to conduct safety checks on boats, and to procure and execute arrest and search warrants.

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) If a conservation officer or other law-enforcement officer knows or has reason to believe that a person has violated any law of this state on state-owned lands and waters, lands and waters under lease or management by the division of natural resources, or national forest lands, waters and parks, national parks properties or United States army corps of engineers properties within the boundaries of this state, the conservation officer 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 or other law-enforcement officer shall have the same force and effect as if made by a sheriff;
(11) Stop and board any vessel subject to this chapter for the purpose of conducting a safety check, and make an arrest for any violation of the laws of this state detected during the safety check;
(12) Serve and execute warrants for the arrest of any person and warrants for the search of any premises, buildings, properties or conveyances issued by a properly constituted authority and may exercise all the powers conferred by law upon a sheriff; and
(10) (13) Do all things necessary to carry into effect the provisions of this chapter.

NOTE: The purpose of this bill is to empower conservation officers to conduct safety checks on boats.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.