COMMITTEE SUBSTITUTE
FOR
H. B. 4453
(By Delegates Stemple, Poling, Varner and Pethtel)
(Originating in the Committee on the Judiciary)
[February 22, 2006]
A BILL to amend and reenact §20-7-4 of the Code of West Virginia,
1931, as amended, relating to law-enforcement powers and
duties of conservation officers; providing for the state-wide
authority of conservation officers to enforce litter control
laws; providing for conservation officer's authority to
initiate complaint for violations of laws related to wildlife,
forests and natural resources; and relating to the procurement
and execution of related arrest and search warrants.
Be it enacted by the Legislature of West Virginia:
That §20-7-4 of the Code of West Virginia, 1931, 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.
(a) Conservation officers and all other persons authorized to
enforce the provisions of this chapter shall be are 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
(b) Conservation officers have statewide jurisdiction 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 the officer,
but no such arrest shall may be made where any form of
administrative procedure is prescribed by this chapter for the
enforcement of any of the particular the provisions contained
herein of this chapter;
(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 the provisions of this chapter;
(4) Execute and serve any a search warrant, notice or any
other process of law issued under the authority of this chapter or any other 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 the conservation 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 in 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 the
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 the authority conferred in the other
subdivisions of this section, execute all arrest warrants of arrest on such these 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 cutting, damaging or carrying away or
causing to be cut, damaged or carried away any timber, trees, logs,
posts, fruits, nuts, growing plants or products of growing plants
shall be is 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) Make a complaint in writing before any court or officer
having jurisdiction, and procure and execute any warrant issued by
any such court or officer, when the conservation officer knows or
has reason to believe that a person has violated a law of this
state;
(11) 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 which are
related to any alleged violation of a law of this state; and
(10) (12) Do all things necessary to carry into effect the
provisions of this chapter.