H. B. 2104


(By Delegates Perry, Stemple and Cann)

[Introduced January 11, 2006 ; referred to the

Committee on Political Subdivisions then the Judiciary.]





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 is 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 is 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.


NOTE: The purpose of this bill is to provide that retiring municipal police officers may keep their service revolver.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.