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Committee Substitute House Bill 3086 History

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HB3086 SUB
COMMITTEE SUBSTITUTE

FOR

H. B. 3086

(By Delegates Eldridge, C. Miller, Stowers,

Rodighiero, Barker, Butcher, Crosier,

Blair and Sobonya)

(Originating in the Committee on the Judiciary.)

(March 20, 2009)


A BILL to amend and reenact §62-11B-7a of the Code of West Virginia, 1931, as amended, relating to permitting home incarceration supervisors to carry handguns in the course of their official duties, subject to meeting certain qualifications; establishing minimum qualifications and training which must be satisfied as a precondition; exempting home incarceration employees from having to obtain a concealed handgun permit, once so qualified, in order to carry a gun in the official course of his or her duties; and limitations.

Be it enacted by the Legislature of West Virginia:
That §62-11B-7a of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 11B. HOME INCARCERATION ACT.
§62-11B-7a. Employment by county commission of home incarceration supervisors; authority of supervisors.

(a) The county commission may employ one or more persons with the approval of the circuit court and who shall be subject to the supervision of the sheriff as a home incarceration supervisor or may designate the county sheriff to supervise offenders ordered to undergo home incarceration and to administer the county's home incarceration program. Any person so supervising shall have authority, equivalent to that granted to a probation officer pursuant to section ten, article twelve of this chapter, to arrest a home incarceration participant when reasonable cause exists to believe that such participant has violated the conditions of his or her home incarceration. Unless otherwise specified, the use of the term "supervisor" in this article shall refer to a home incarceration supervisor.
(b) Notwithstanding any provision of this code to the contrary:
(1) Home incarceration supervisors may carry handguns in the course of their official duties after meeting specialized qualifications established by the Governor's Committee on Crime, Delinquency and Correction, which qualifications shall include the successful completion of handgun training, including a minimum of four hours' training in handgun safety and comparable to the handgun training provided to law-enforcement officers by the West Virginia State Police.
(2) Any person employed as a home incarceration supervisor is exempt from the licensure requirements set forth in article seven, chapter sixty-one of this code while employed as a home incarceration supervisor:
Provided, That, a home incarceration supervisor may only carry a handgun in the course of his or her official duties after meeting the specialized qualifications set forth in subdivision (1) of this subsection.
(3) Nothing in this subsection shall be construed to include home incarceration supervisors within the meaning of law-enforcement officers as defined in section one, article twenty-nine, chapter thirty of this code.



NOTE: The purpose of this bill is to permit home incarceration supervisors to carry handguns in the course of their official duties. The bill requires that before such supervisors may carry handguns they must meet specialized qualifications established by the Governor's Committee on Crime, Delinquency and Correction, including the successful completion of handgun training and a minimum of four hours training in handgun safety. The bill also exempts such supervisors from handgun licensing requirements. The bill additionally provides that such supervisors are not law-enforcement officers.

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