Senate Bill No. 587
(By Senators Unger, Hunter and McCabe)
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[Introduced February 17, 2003; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact section thirteen, article two, chapter
fifteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to allowing members
of the West Virginia state police to participate in political
activities when not on duty and not wearing a uniform.
Be it enacted by the Legislature of West Virginia:
That section thirteen, article two, chapter fifteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-13. Limitations upon members.
No member of the department of public safety West Virginia
state police may in any way interfere with the rights or property
of any person except for the prevention of crime.
No member of the department of public safety West Virginia state police, while in uniform, may, in any way, become active or
take part in any political contest or at any time participate in any
political party caucus, committee, primary, assembly or convention,
or in any general or special election, except to cast his or her
ballot. Except as otherwise provided in this section, a member of
the West Virginia state police, while off duty and not wearing the
uniform of the West Virginia state police, may participate in any
political activity to the same extent as any other citizen of this
state.
No member of the department of public safety West Virginia
state police may be detailed or ordered to duty at or near any
voting precinct where any election or convention is held on the day
of such election or convention; nor shall any member thereof remain
in, about or near such voting precinct or place of convention,
except to cast his or her
vote. After voting he or she
shall
forthwith retire from such voting precinct. No member of the
department West Virginia state police may act as an election
official. If any member of the department of public safety West
Virginia state police is found guilty of violating any of the
provisions of this section he or she shall be dismissed from the
department by the superintendent as hereinafter provided.
No officer or member of the department of public safety West
Virginia state police may, in any labor trouble or dispute between
employer and employee, aid or assist either party thereto, but shall in such cases see that the statutes and laws of this state are
enforced in a legal way and manner.
NOTE: The purpose of this bill is to
allow members of the West
Virginia state police to participate in political activities when
not on duty and not wearing a uniform
.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.