Introduced Version
Senate Bill 100 History
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Committee Substitute (1)
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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 100
(By Senators Laird, Miller and Williams)
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[Introduced February 13, 2013; referred to the Committee on the
Judiciary; and then to the Committee on Finance.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §7-14-16a; to amend
said code by adding thereto a new section, designated
§8-14-3a; and to amend and reenact §15-2-10 of said code, all
relating to requiring law-enforcement officers to wear certain
armored vests when feasible; requiring county sheriffs to
create a policy regarding the mandatory use of certain armored
vests; requiring municipal police chiefs to create a policy
regarding the mandatory use of certain armored vests; and
requiring the Superintendent of the West Virginia State Police
to create a policy regarding the mandatory use of certain
armored vests.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §7-14-16a; that said
code be amended by adding thereto a new section, designated
§8-14-3a; and that §15-2-10 of said code be amended and reenacted,
all to read as follows:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 14. CIVIL SERVICE FOR DEPUTY SHERIFFS.
§7-14-16a. Mandatory armored vest wear policy requirement.
Every county sheriff shall adopt a formal policy that requires
all law-enforcement officers to wear an armor vest throughout each
duty shift whenever feasible. The terms and exemptions of this
mandatory wear policy shall be determined by each county sheriff in
the reasonable exercise of his or her discretion: Provided, That
the policy must define an "armor vest" as a vest that has met the
performance standards established by the National Law-Enforcement
and Corrections Technology Center of the National Institute of
Justice (NIJ) as published in NIJ Standard 0101.03, or any formal
revision of this standard.
CHAPTER 8. MUNICIPAL CORPORATIONS.
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.
§8-14-3a. Mandatory armored vest wear policy requirement.
Every police force or department of a municipality shall adopt
a formal policy that requires all law-enforcement officers to wear
an armor vest throughout each duty shift whenever feasible. The
terms and exemptions of this mandatory wear policy shall be
determined by each chief of police in the reasonable exercise of
his or her discretion: Provided, That the policy must define an
"armor vest" as a vest that has met the performance standards
established by the National Law-Enforcement and Corrections
Technology Center of the National Institute of Justice (NIJ) as
published in NIJ Standard 0101.03, or any formal revision of this
standard.
CHAPTER 15. PUBLIC SAFETY.
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-10. Uniforms; authorized equipment, weapons and supplies;
local headquarters; quarters for members; life
insurance; medical and hospital fees for injuries and
illnesses of members incurred in line of duty.
(a) The standard uniform to be used by the West Virginia State
Police after the effective date of this article shall be as follows: Forestry green blouse with West Virginia State Police
emblem on sleeve; black shoulder strap one-inch black stripe around
sleeve, four inches from end of sleeve; forestry green breeches
with one-inch black stripe down the side; trousers (slacks) with
one-inch black stripe down the side for officers and clerks
regularly enlisted in the State Police; forestry green shirts with
West Virginia State Police emblem on sleeve; black shoulder straps;
forestry green mackinaw with West Virginia State Police emblem on
sleeve; black shoulder straps; one-inch black stripe around sleeve
four inches from end of sleeve; campaign hat of olive drab color;
black Sam Browne belt with holster; black leggings and shoes; the
officer's uniform will have one and one-quarter inch black stripe
around the sleeve of blouse and mackinaw four inches from end of
sleeve circumposed with one-half inch gold braid, also black
collars on blouse, with two silver shoulder bars for captains, one
silver shoulder bar for first lieutenant, one gold shoulder bar for
second lieutenant. For noncommissioned officers the uniform blouse
and shirt will have thereon black chevrons of the appropriate rank.
(b) The superintendent shall establish the weapons and
enforcement equipment which are authorized for use by members of
the State Police and shall provide for periodic inspection of the
weapons and equipment. He or she shall provide for the discipline
of members using other than authorized weapons and enforcement equipment.
(c) The superintendent shall adopt a formal policy that
requires all law-enforcement officers to wear an armor vest
throughout each duty shift whenever feasible. The terms and
exemptions of this mandatory wear policy shall be determined by the
superindendent in the reasonable exercise of his or her discretion:
Provided, That the policy must define an "armor vest" as a vest
that has met the performance standards established by the National
Law-Enforcement and Corrections Technology Center of the National
Institute of Justice (NIJ) as published in NIJ Standard 0101.03, or
any formal revision of this standard.
__(c) (d) The superintendent shall provide the members of the
State Police with suitable arms and weapons and, when he or she
considers it necessary, with suitably equipped automobiles,
motorcycles, watercraft, airplanes and other means of conveyance to
be used by the West Virginia State Police, the Governor and other
officers and executives in the discretion of the Governor, in times
of flood, disaster and other emergencies, for traffic study and
control, criminal and safety work and in other matters of official
business. He or she shall also provide the standard uniforms for
all members of the State Police, for officers, noncommissioned
officers and troopers provided for in this section. All uniforms
and all arms, weapons and other property furnished the members of the State Police by the State of West Virginia are and remain the
property of the state.
(d) (e) The superintendent may purchase and maintain on behalf
of members group life insurance not to exceed the amount of $5,000
on behalf of each member.
(e) (f) The superintendent may contract and furnish at State
Police expense medical and hospital services for treatment of
illness or injury of a member which shall be determined by the
superintendent to have been incurred by the member while engaged in
the performance of duty and from causes beyond control of the
members. Notwithstanding any other provision of this code, the
superintendent has the right of subrogation in any civil action or
settlement brought by or on behalf of a member in relation to any
act by another which results in the illness, injury or death of a
member. To this end, the superintendent may initiate an action on
behalf of the State Police in order to recover the costs incurred
in providing medical and hospital services for the treatment of a
member resulting from injury or illness originating in the
performance of official duties. This subsection shall not affect
the power of a court to apply ordinary equitable defenses to the
right of subrogation.
The superintendent may also consult with the executive
director of the Workers' Compensation Commission in an effort to defray the cost of medical and hospital services. In no case will
the compensation rendered to health care providers for medical and
hospital services exceed the then current rate schedule in use by
the Workers' Compensation Commission.
Third-party reimbursements received by the superintendent
after the expiration of the fiscal year in which the injury,
illness or death occurred will be deposited to a nonexpiring
special revenue account. Funds deposited to this account may be
used solely for defraying the costs of medical or hospital services
rendered to any sworn members as a direct result of an illness,
injury or death resulting from the performance of official duties.
(f) (g) The superintendent shall establish and maintain local
headquarters at those places in West Virginia that are in his or
her judgment suitable and proper to render the West Virginia State
Police most efficient for the purpose of preserving the peace,
protecting property, preventing crime, apprehending criminals and
carrying into effect all other provisions of this article. The
superintendent shall provide, by acquisition, lease or otherwise,
for local headquarters, for housing and quarters for the
accommodation of the members of the West Virginia State Police, and
for any other facilities necessary or useful for the effective
operation of the West Virginia State Police and shall provide all
equipment and supplies necessary for the members of the West Virginia State Police to perform their duties.
NOTE:
The purpose of this bill is to require West Virginia law
enforcement officers to wear armored vests whenever feasible.
§7-14-16a
and
§8-14-3a
are new; therefore, strike-throughs
and underscoring have been omitted.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.