ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4453
(By Delegates Stemple, Poling, Varner and Pethtel)
[Passed March 10, 2006; in effect from ninety days from passage.]
AN ACT 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 other persons authorized to enforce the provisions of this chapter are under the supervision
and direction of the director in the performance of their duties.
(b) Conservation officers have statewide jurisdiction and have
authority to:
(1) Arrest on sight, without warrant or other court process,
any person or persons committing a criminal offense in violation of
the laws of this state, in the presence of the officer, but no
arrest may be made where any form of administrative procedure is
prescribed by this chapter for the enforcement of the provisions 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 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 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 the provisions of this chapter;
(4) Execute and serve a search warrant, notice or other
process of law issued under the authority of this chapter or other
law relating to wildlife, forests, and all other natural resources, by a magistrate or court having jurisdiction in the same manner,
with the same authority and with the same legal effect as a
sheriff;(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 the conservation officers to conduct game-kill surveys;
(6) Summon aid in making arrests or seizures or in executing
warrants, notices or processes, in the same manner as sheriffs;
(7) Enter private lands or waters within the state while
engaged in the performance of their official duties;(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 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 the
authority conferred in other subdivisions of this section, execute
all arrest warrants on 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 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 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, in addition to and notwithstanding any other
penalties by law provided by section thirteen, article three,
chapter sixty-one of this code;(10) Make a complaint in writing
before any court or officer having jurisdiction, and procure and
execute the warrant, when the officer knows or has reason to
believe that a person has violated a law of this state. The
actions of the conservation officer have the same force and effect
as if made by a sheriff;
(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 in the
same manner, with the same authority, and with the same legal
effect, as a sheriff; and
(12) Do all things necessary to carry into effect the
provisions of this chapter.