Bill Text: WV HB4379 | 2020 | Regular Session | Introduced
Bill Title: Authorizing home incarceration supervisors to carry firearms
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-01-16 - To House Judiciary [HB4379 Detail]
Download: West_Virginia-2020-HB4379-Introduced.html
WEST virginia legislature
2020 regular session
Introduced
House Bill 4379
By Delegates Barrett, Steele, Dean, Pack, N. Brown, S. Brown, Miller, Graves, Hill, Swartzmiller and Boggs
[Introduced January 16, 2020; Referred to the Committee on the Judiciary]
A BILL to amend and reenact §61-7-11a of the Code of West Virginia, 1931, as amended; and to amend and reenact §62-11B-7a of said code, all relating to authorizing home incarceration supervisors to carry firearms while performing their duties if the county has adopted a concealed firearms training program that complies with federal law enforcement training requirements.
Be it enacted by the Legislature of West Virginia:
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
ARTICLE 7. DANGEROUS WEAPONS.
§61-7-11a. Possessing deadly weapons on premises of educational facilities; reports by school principals; suspension of driver’s license; possessing deadly weapons on premises housing courts of law and family law courts.
(a) The Legislature finds that the safety and welfare of the citizens of this state are inextricably dependent upon assurances of safety for children attending and persons employed by schools in this state and for persons employed by the judicial department of this state. It is for the purpose of providing assurances of safety that §61-7-11a(b), §61-7-11a(g), and §61-7-11a(h), of this code and §61-7-11a(b)(2)(I) of this code are enacted as a reasonable regulation of the manner in which citizens may exercise the rights accorded to them pursuant to section 22, article III of the Constitution of the State of West Virginia.
(b)(1) It is unlawful to possess a firearm or other deadly weapon:
(A) On a school bus as defined in §17A-1-1 of this code;
(B) In or on the grounds of
any primary or secondary educational facility of any type: Provided,
That it shall not be is not unlawful to possess a firearm or
other deadly weapon in or on the grounds of any private primary or secondary
school, if such institution has adopted a written policy allowing for
possession of firearms or other deadly weapons in the facility or on the
grounds thereof;
(C) At a school-sponsored function that is taking place in a specific area that is owned, rented, or leased by the West Virginia Department of Education, the West Virginia Secondary Schools Activities Commission, a county school board, or local public school for the actual period of time the function is occurring.
(2) This subsection does not apply to:
(A) A law-enforcement officer employed by a federal, state, county, or municipal law- enforcement agency;
(B) Any probation officer appointed pursuant to §62-12-5 or chapter 49 of this code in the performance of his or her duties;
(C) A retired law-enforcement officer who meets all the requirements to carry a firearm as a qualified retired law-enforcement officer under the Law-Enforcement Officer Safety Act of 2004, as amended, pursuant to 18 U.S.C. §926C(c), carries that firearm in a concealed manner, and has on their person official identification in accordance with that act;
(D) A person, other than a student of a primary and secondary facility, specifically authorized by the board of education of the county or principal of the school where the property is located to conduct programs with valid educational purposes;
(E) A person who, as otherwise permitted by the provisions of this article, possesses an unloaded firearm or deadly weapon in a motor vehicle or leaves an unloaded firearm or deadly weapon in a locked motor vehicle;
(F) Programs or raffles conducted with the approval of the county board of education or school which include the display of unloaded firearms;
(G) The official mascot of West Virginia University, commonly known as the Mountaineer, acting in his or her official capacity;
(H) The official mascot of
Parkersburg South High School, commonly known as the Patriot, acting in his or
her official capacity; or
(I) Any home incarceration supervisor employed by the county commission authorized pursuant to §62-11B-7a of this code, in the performance of his or her duties; or
(I) (J) Any person, 21 years old or older, who has
a valid concealed handgun permit may possess a concealed handgun while in a
motor vehicle in a parking lot, traffic circle, or other areas of vehicular
ingress or egress to a public school: Provided, That:
(i) When he or she is occupying the vehicle the person stores the handgun out of view from persons outside the vehicle; or
(ii) When he or she is not occupying the vehicle the person stores the handgun out of view from persons outside the vehicle, the vehicle is locked, and the handgun is in a glove box or other interior compartment, or in a locked trunk, or in a locked container securely fixed to the vehicle.
(3) A person violating this
subsection is guilty of a felony and, upon conviction, thereof shall be
imprisoned in a state correctional facility for a definite term of years of not
less than two years nor more than 10 years, or fined not more than $5,000, or
both fined and imprisoned.
(c) A school principal subject to the authority of the State Board of Education who discovers a violation of §61-7-11a(b) of this code shall report the violation as soon as possible to:
(1) The State Superintendent of Schools. The State Board of Education shall keep and maintain these reports and may prescribe rules establishing policy and procedures for making and delivering the reports as required by this subsection; and
(2) The appropriate local office of the State Police, county sheriff or municipal police agency.
(d) In addition to the methods of disposition provided by §49-5-1 et seq. of this code, a court which adjudicates a person who is 14 years of age or older as delinquent for a violation of §61-7-11a(b) of this code may order the Division of Motor Vehicles to suspend a driver’s license or instruction permit issued to the person for a period of time as the court considers appropriate, not to extend beyond the person’s 19th birthday. If the person has not been issued a driver’s license or instruction permit by this state, a court may order the Division of Motor Vehicles to deny the person’s application for a license or permit for a period of time as the court considers appropriate, not to extend beyond the person’s nineteenth birthday. A suspension ordered by the court pursuant to this subsection is effective upon the date of entry of the order. Where the court orders the suspension of a driver’s license or instruction permit pursuant to this subsection, the court shall confiscate any driver’s license or instruction permit in the adjudicated person’s possession and forward to the Division of Motor Vehicles.
(e)(1) If a person 18 years of age or older is convicted of violating §61-7-11a(b) of this code and if the person does not act to appeal the conviction within the time periods described in §61-7-11a(e)(2) of this code, the person’s license or privilege to operate a motor vehicle in this state shall be revoked in accordance with the provisions of this section.
(2) The clerk of the court in which the person is convicted as described in §61-7-11a(e)(1) of this code shall forward to the commissioner a transcript of the judgment of conviction. If the conviction is the judgment of a magistrate court, the magistrate court clerk shall forward the transcript when the person convicted has not requested an appeal within 20 days of the sentencing for the conviction. If the conviction is the judgment of a circuit court, the circuit clerk shall forward a transcript of the judgment of conviction when the person convicted has not filed a notice of intent to file a petition for appeal or writ of error within 30 days after the judgment was entered.
(3) If, upon examination of the transcript of the judgment of conviction, the commissioner determines that the person was convicted as described in §61-7-11a(e)(1) of this code, the commissioner shall make and enter an order revoking the person’s license or privilege to operate a motor vehicle in this state for a period of one year or, in the event the person is a student enrolled in a secondary school, for a period of one year or until the person’s twentieth birthday, whichever is the greater period. The order shall contain the reasons for the revocation and the revocation period. The order of suspension shall advise the person that because of the receipt of the court’s transcript, a presumption exists that the person named in the order of suspension is the same person named in the transcript. The commissioner may grant an administrative hearing which substantially complies with the requirements of the provisions of §17C-5A-2 of this code upon a preliminary showing that a possibility exists that the person named in the notice of conviction is not the same person whose license is being suspended. The request for hearing shall be made within 10 days after receipt of a copy of the order of suspension. The sole purpose of this hearing is for the person requesting the hearing to present evidence that he or she is not the person named in the notice. If the commissioner grants an administrative hearing, the commissioner shall stay the license suspension pending the commissioner’s order resulting from the hearing.
(4) For the purposes of this subsection, a person is convicted when he or she enters a plea of guilty or is found guilty by a court or jury.
(f)(1) It is unlawful for a parent, guardian, or custodian of a person less than 18 years of age who knows that the person is in violation of §61-7-11a(b) of this code or has reasonable cause to believe that the person’s violation of §61-7-11a(b) of this code is imminent to fail to immediately report his or her knowledge or belief to the appropriate school or law-enforcement officials.
(2) A person violating this
subsection is guilty of a misdemeanor and, upon conviction, thereof
shall be fined not more than $1,000, or shall be confined in jail not more than
one year, or both fined and confined.
(g)(1) It is unlawful for a person to possess a firearm or other deadly weapon on the premises of a court of law, including family courts.
(2) This subsection does not apply to:
(A) A law-enforcement officer acting in his or her official capacity; and
(B) A person exempted from the provisions of this subsection by order of record entered by a court with jurisdiction over the premises or offices.
(3) A person violating this
subsection is guilty of a misdemeanor and, upon conviction, thereof
shall be fined not more than $1,000, or shall be confined in jail not more than
one year, or both fined and confined.
(h)(1) It is unlawful for a person to possess a firearm or other deadly weapon on the premises of a court of law, including family courts, with the intent to commit a crime.
(2) A person violating this
subsection is guilty of a felony and, upon conviction, thereof shall be
imprisoned in a state correctional facility for a definite term of years of not
less than two years nor more than 10 years, or fined not more than $5,000, or
both fined and imprisoned.
(i) Nothing in this section may be construed to be in conflict with the provisions of federal law.
CHAPTER 62. CRIMINAL PROCEDURE.
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 §62-12-10 of this code, 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) A home incarceration supervisor may carry a concealed firearm in the course of his or her employment, if the following criteria are met:
(1) The home incarceration program shall have a written policy authorizing home incarceration supervisors to carry a concealed firearm for self-defense purposes;
(2) There shall be in place in the home incarceration program a requirement that the home incarceration supervisors must regularly qualify in the use of a firearm with standards that are equal to or exceed those required of sheriff’s deputies in the county in which the home incarceration supervisors are employed;
(3) The home incarceration program shall issue a photographic identification and certification card which identify the home incarceration supervisors as law-enforcement employees of the home incarceration program pursuant to the provisions of §30-29-12 of this code.
(c) Any policy instituted pursuant to subdivision (1), subsection (b) of this section shall include provisions which:
(1) Preclude or remove a person from participation in the concealed firearm program who is subject to any disciplinary or legal action which could result in the loss of the authority to participate in the program;
(2) Preclude from participation persons prohibited by federal or state law from possessing or receiving a firearm; and
(3) Prohibit persons from carrying a firearm pursuant to the provisions of this subsection while in an impaired state as defined in §17C-5-2 of this code.
(d) Any home incarceration supervisor who participates in a program authorized by the provisions of this subsection shall be responsible, at his or her expense, for obtaining and maintaining a suitable firearm and ammunition.
(e) The intent of the Legislature in enacting the amendments to this section during the 2020 regular session of the Legislature is to authorize home incarceration programs wishing to do so to allow home incarceration supervisors to meet the requirements of the federal Law-Enforcement Officer’s Safety Act, 18 U.S.C. §926B.
NOTE: The purpose of this bill is to authorize home incarceration supervisors to carry firearms while performing their duties if the county has adopted a concealed firearms training program that complies with federal law enforcement training requirements.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
