Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home

Introduced Version House Bill 2774 History

DOWNLOAD  wpd  |  Email


hb2774 intr
H. B. 2774


          (By Delegates Howell, (By Request), Evans, A., Rowan, Shott, Frich, Hamrick, Cooper, Arvon, Raines, Armstead and Pasdon
          
          [Introduced March 1, 2013; referred to the
          Committee on the Judiciary.]


A BILL to amend and reenact §8-5-9 of the Code of West Virginia, 1931, as amended, relating to the effects of a criminal conviction and incarceration on a municipal officer; immediate removal and, if a felony, inability to hold public office again.
Be it enacted by the Legislature of West Virginia:
     That §8-5-9 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 5. ELECTION, APPOINTMENT, QUALIFICATION AND COMPENSATION   OF OFFICERS; GENERAL PROVISIONS RELATING TO OFFICERS   AND EMPLOYEES; ELECTIONS AND PETITIONS GENERALLY;   CONFLICT OF INTEREST.
§8-5-9. Terms of office;
removal from office.
_____
(a) Except as otherwise provided in the charter of any a municipality, the terms of all officers elected after the first election in municipalities holding biennial elections shall commence on July 1 following their election and shall be is for two years. and In municipalities holding quadrennial elections, the terms of all elected officers shall commence on July 1 following their election and shall be is for four years.
     (b) All municipal officers, whether elected at the first election of officers or at regular municipal elections, or appointed, shall hold their offices until their successors are elected or appointed and qualified according to law, unless sooner removed from office according to law. Officers in office when this article becomes effective shall hold their offices subject to the provisions of the immediately preceding sentence hereof.
 
(c) Notwithstanding any other provision of this code or law to the contrary, a municipal officer who is convicted of a crime and is incarcerated automatically loses his or her position as a municipal officer. If the crime is a felony, the municipal officer may not, again, hold a public office.



          
     NOTE: The purpose of this bill is to authorize the immediate removal from office a municipal officer convicted of a crime and incarcerated and, if the crime is a felony, to render the municipal officer unable to hold a public office again.


     Strike-throughs indicate language that would be stricken from the present law and underscoring indicates new language that would be added.
This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature ***