H. B. 4298


(By Delegates Perry, Stemple, Shaver and Cann)

[Introduced February 4, 2004; referred to the

Committee on Political Subdivisions then Finance.]





A BILL to amend and reenact §8-14-24 of the code of West Virginia, 1931, as amended, relating to providing that retiring municipal police officers may keep their service revolver; and exceptions.

Be it enacted by the Legislature of West Virginia:
That §8-14-24 of the code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 14. LAW AND ORDER; POLICE FORCE OR DEPARTMENTS; POWERS, AUTHORITY AND DUTIES OF LAW-ENFORCEMENT OFFICIALS AND POLICEMEN; POLICE MATRONS; SPECIAL SCHOOL ZONE AND PARKING LOT OR PARKING BUILDING POLICE OFFICERS; CIVIL SERVICE FOR CERTAIN POLICE DEPARTMENTS.

 §8-14-24. Right to receive complete standard uniform; right to acquire badge; and right to keep service revolver.
(a) A police officer, upon honorable retirement, shall be authorized to maintain at his or her own cost a complete standard uniform from the law-enforcement agency of which he or she was a member, and shall be issued an identification card indicating his or her honorable retirement from the law-enforcement agency. The uniform may be worn by the officer in retirement only on the following occasions: Police Officer's Memorial Day, Law Enforcement Appreciation Day, at the funeral of a law-enforcement officer or during any other police ceremony. The honorably retired officer is authorized to acquire a badge of the law-enforcement agency from which he or she is retired with the word "retired" placed on it.
 (b) Upon retirement, a police officer shall be entitled to keep, without charge, his or her service revolver, after a determination by the chief of police:
(1) That the police officer is retiring honorably with at least twenty years of recognized law-enforcement service; or
(2) That the police officer is retiring with less than twenty years of service and that he or she is totally physically disabled as a result of service as a police officer.
(b) Notwithstanding the provisions of subsection (b) of this section, the chief of police may not award a service revolver to any police officer who has been declared mentally incompetent by a licensed physician or a court of law, or who, in the opinion of the chief of police, constitutes a danger to any person or the community.

The Committee on Political Subdivisions moves to amend the bill on page one, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:

"That §8-14-24 of the code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 14. LAW AND ORDER; POLICE FORCE OR DEPARTMENTS; POWERS, AUTHORITY AND DUTIES OF LAW-ENFORCEMENT OFFICIALS AND POLICEMEN; POLICE MATRONS; SPECIAL SCHOOL ZONE AND PARKING LOT OR PARKING BUILDING POLICE OFFICERS; CIVIL SERVICE FOR CERTAIN POLICE DEPARTMENTS.


§8-14-24. Right to receive complete standard uniform; right to acquire badge; and right to keep service revolver.

(a) A police officer, upon honorable retirement, shall be authorized to maintain at his or her own cost a complete standard uniform from the law- enforcement agency of which he or she was a member, and shall be issued an identification card indicating his or her honorable retirement from the law- enforcement agency. The uniform may be worn by the officer in retirement only on the following occasions: Police Officer's Memorial Day, Law Enforcement Appreciation Day, at the funeral of a law-enforcement officer or during any other police ceremony. The honorably retired officer is authorized to acquire a badge of the law-enforcement agency from which he or she is retired with the word "retired" placed on it.

 (b) Upon retirement, a police officer may, at the discretion of the municipality, be entitled to keep, without charge, his or her service revolver, after a determination by the chief of police:

(1) That the police officer is retiring honorably with at least twenty years of recognized law-enforcement service; or

(2) That the police officer is retiring with less than twenty years of service and that he or she is totally physically disabled as a result of service as a police officer.

(c) Notwithstanding the provisions of subsection (b) of this section, the chief of police may not award a service revolver to any police officer who has been declared mentally incompetent by a licensed physician or a court of law, or who, in the opinion of the chief of police, constitutes a danger to any person or the community.