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Introduced Version House Bill 4285 History

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hb4285 intr
H. B. 4285


(By Delegates DeLong, Miley, Cann, Fragale and Iaquinta)

[Introduced January 25, 2008; referred to the

Committee on the Judiciary.]





A BILL to amend and reenact §7-4-1 of the Code of West Virginia, 1931, as amended, relating to requiring prosecutors or assistant prosecutors that desire to carry a concealed weapon to undergo annual training consistent with the federal Law-Enforcement Safety Act.

Be it enacted by the Legislature of West Virginia:
That §7-4-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 4. PROSECUTING ATTORNEY, REWARDS AND LEGAL ADVICE.
§7-4-1. Duties of prosecuting attorney; further duties upon request of Attorney General.

It shall be the duty of the prosecuting attorney to attend to the criminal business of the state in the county in which he or she is elected and qualified, and when he or she has information of the violation of any penal law committed within such county, he or she shall institute and prosecute all necessary and proper proceedings against the offender, and may in such case issue or cause to be issued a summons for any witness he or she may deem material. Every public officer shall give him or her information of the violation of any penal law committed within his or her county. It shall also be the duty of the prosecuting attorney to attend to civil suits in such county in which the state, or any department, commission or board thereof, is interested, and to advise, attend to, bring, prosecute or defend, as the case may be, all matters, actions, suits and proceedings in which such county or any county board of education is interested.
A prosecutor or assistant prosecutor desiring to carry a concealed weapon, pursuant to this section or article seven, chapter sixty-one of this code, shall undergo training, at least annually, established by the sheriff's department of their county, similar to that which is provided to deputy sheriffs or process servers in accordance with subsection-b, section fourteen, article one, chapter fifty of this code. Upon completion of the annual training, each such prosecutor or assistant prosecutor shall be issued a certification indicating completion of the annual training consistent with this section and the federal Law-Enforcement Safety Act. Such prosecutors or their assistants shall be authorized to carry a concealed weapon and have all the rights and authorities necessary in order to comply with the federal Law-Enforcement Safety Act.
It shall be the duty of the prosecuting attorney to keep his or her office open in the charge of a responsible person during the hours polls are open on general, primary and special county-wide election days, and the prosecuting attorney, or his or her assistant, if any, shall be available for the purpose of advising election officials. It shall be the further duty of the prosecuting attorney, when requested by the Attorney General, to perform or to assist the Attorney General in performing, in the county in which he or she is elected, any legal duties required to be performed by the Attorney General, and which are not inconsistent with the duties of the prosecuting attorney as the legal representative of such county. It shall also be the duty of the prosecuting attorney, when requested by the Attorney General, to perform or to assist the Attorney General in performing, any legal duties required to be performed by the Attorney General, in any county other than that in which such prosecuting attorney is elected, and for the performance of any such duties in any county other than that in which such prosecuting attorney is elected he or she shall be paid his or her actual expenses.
Upon the request of the Attorney General the prosecuting attorney shall make a written report of the state and condition of the several causes in which the state is a party, pending in his or her county, and upon any matters referred to him or her by the Attorney General as provided by law.


NOTE: The purpose of this bill is to require prosecutors or assistant prosecutors that desire to carry a concealed weapon to undergo annual training consistent with the federal Law-Enforcement Safety Act.

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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