H. B. 4758
(By Delegate Amores, Mahan, Schadler, and Hrutkay)
[Introduced
February 24, 2006
; referred to the
Committee the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §61-7-16, relating to
a confiscated or forfeited pistol or revolver used in a
homicide.
Be it enacted by the Legislature of West Virginia:
That §61-7-16 of the Code of West Virginia, 1931, as amended,
be amended and reenacted, to read as follows:
ARTICLE 7. DANGEROUS WEAPONS.
§61-7-16. Destruction of confiscated pistols and revolvers used in
homicides.
Every state law enforcement agency is required to destroy any
confiscated or forfeited pistol or revolver used to commit a
homicide, when it is no longer needed as evidence, unless the
pistol or revolver was stolen and the rightful owner was not the
person who committed the homicide, in which case the pistol or
revolver must be returned to the owner, if ascertainable. Upon
receiving notification from a relative or relatives of the victim of a homicide of a desire to witness the destruction of the pistol
or revolver, the law enforcement agency shall provide prior notice
to the relative or relatives of the victim of the time and location
the pistol or revolver will be destroyed, and allow them to witness
its destruction.
NOTE: The purpose of this bill is to allow the state law
enforcement agency to destroy a handgun used in the commission of
a homicide unless the firearm was stolen and the rightful owner can
be ascertained, in which case the firearm must be returned to the
rightful owner. Family members of a victim may, at their request,
witness the handgun's destruction.
The section is new; therefore, strike-throughs and
underscoring have been omitted.