H. B. 2781
(By Delegates Armstead, Hrutkay, Pino, Stemple and Overington)
[Introduced January 30, 2003; 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 fifty-one,
relating to the transfer, retirement or disposal of state
police canines.
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 a new section, designated section fifty-one, to
read as follows:
CHAPTER 15. PUBLIC SAFETY.
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-51. Retirement, transfer or disposal of state police
canines.
(a) Whenever any canine which is the property of the state police reaches the point in its normal life cycle such that it is
no longer of use for law enforcement purposes, the superintendent
may transfer the ownership of the animal or dispose of the animal
as set forth in this section. Such transfer or disposal must be
predicated upon a determination that the animal is no longer of use
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 the code, once a
state police canine meets the criteria set forth in subsection (a)
above, the superintendent may transfer or dispose of the canine by
whichever of the following means he 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) Transfer the animal to the care and custody of any animal
shelter, humane society or society for the prevention of cruelty to
animals, organized and operating under the laws of this state, so
that the animal may be adopted as a pet, if the animal is deemed
suitable for adoption. If the animal shelter, humane society or
society for the prevention of cruelty to animals determines that
the animal is not suitable for adoption as a pet, due to its
health, temperament or other reasons, then the animal may be humanely 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 such transfer must include language absolving
the state of liability of any injuries or other damage 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 dispose or transfer of police canines which
are no longer of any use for law enforcement purposes to the
division.
This section is new, therefore, strike-throughs and
underscoring have been omitted.