Bill Text: WV SB29 | 2014 | Regular Session | Comm Sub
Bill Title: Clarifying requirements for certain motor vehicle searches
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2014-01-23 - To House Judiciary [SB29 Detail]
Download: West_Virginia-2014-SB29-Comm_Sub.html
SB29 SUB1
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 29
(By Senator Fanning)
____________
[Originating in the Committee on Natural Resources;
reported March 1, 2005.]
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Be it enacted by the Legislature of West Virginia:
That §20-7-4 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
Conservation officers andall other persons authorized to enforce the provisions of this chapter shall be are under the
supervision and direction of the director in the performance of
their duties as herein provided. The authority, powers and duties
of the conservation officers shall be Conservation officers have
statewide jurisdiction and they shall have authority to:
(1) Arrest on sight, without warrant or other court process, any person or persons committing a criminal offense in violation ofany of the laws of this state, in the presence of such the officer,
but no such arrest shall may be made where any form of
administrative procedure is prescribed by this chapter for the
enforcement of any of the particular the provisions contained
herein of this chapter;
(2) Carry such arms and weapons as may be prescribed by the director in the course and performance of their duties, but no license or other authorization shall be requiredof such officers
for this privilege;
(3) Search and examine, in the manner provided by law, any boat, vehicle, automobile, conveyance, express or railroad car, fish box, fish bucket or creel, game bag or game coat orany other
place in which hunting and fishing paraphernalia, wild animals,
wild birds, fish, amphibians or other forms of aquatic life could
be concealed, packed or conveyed whenever they have reason to
believe that they would thereby secure or discover evidence of the
violation of any the provisions of this chapter;
(4) Execute and serveany a search warrant, notice or any
other process of law issued under the authority of this chapter or any other law relating to wildlife, forests, and all other natural
resources, by a magistrate or any court having jurisdiction
thereof, in the same manner, with the same authority, and with the
same legal effect, as any a sheriff can serve or execute such
warrant, notice or process;
(5) Require the operator of any motor vehicle or other conveyance on or about the public highways or roadways, or in or near the fields and streams of this state, to stop for the purpose of allowingsuch the conservation officers to conduct game-kill
surveys;
(6) Summon aid in making arrests or seizures or in executingany warrants, notices or processes, and they shall have in the same
rights and powers manner as sheriffs have in their respective
counties in so doing;
(7) Enter private lands or waters within the state while engaged in the performance of their official dutieshereunder;
(8) Arrest on sight, without warrant or other court process, subject to the limitations set forth in subdivision (1) of this section, any person or persons committing a criminal offense in violation of any law of this state in the presence ofany such the
officer on any state-owned lands and waters and lands and waters
under lease by the division of natural resources and all national
forest lands, waters and parks, and U.S. Corps of Army Engineers'
properties within the boundaries of the State of West Virginia and,
in addition to any the authority conferred in the other
subdivisions of this section, execute all arrest warrants of arrest on such these state and national lands, waters and parks, and U.S.
Corps of Army Engineers' properties, consistent with the provisions
of article one, chapter sixty-two of this code;
(9) Arrest any person who enters upon the land or premises of another without written permission from the owner of the land or premises in order to cut, damage, or carry away, or cause to be cut, damaged, or carried away any timber, trees, logs, posts, fruit, nuts, growing plants or products of any growing plant. Any person convicted ofthe foregoing cutting, damaging or carrying
away or causing to be cut, damaged or carried away any timber,
trees, logs, posts, fruits, nuts, growing plants or products of
growing plants, shall be is liable to the owner in the amount of
three times the value of the timber, trees, logs, posts, fruit,
nuts, growing plants or products of any growing plant, which shall
be in addition to and notwithstanding any other penalties by law
provided by section thirteen, article three, chapter sixty-one of
this code; and
(10) Make a complaint in writing before any court or officer
having jurisdiction, and procure and execute the warrant, when the
officer knows or has reason to believe that a person has violated
a law of this state. The actions of the conservation officer have
the same force and effect as if made by a sheriff;
(11) Serve and execute warrants for the arrest of any person and warrants for the search of any premises, buildings, properties or conveyances issued by a properly constituted authority in the same manner, with the same authority, and with the same legal effect, as a sheriff;
(12) Stop and board any vessel subject to this chapter for the purpose of conducting a safety check to ensure the vessel is properly equipped with required safety devises and is properly licensed, in the same manner, with the same authority, and with the same legal effect, as a sheriff; and
(10) (13) Do all things necessary to carry into effect the
provisions of this chapter.
NOTE: The purpose of this bill is to authorize safety checks of boats by conservation officers.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
A BILL to amend and reenact §20-7-4 of the Code of West Virginia, 1931, as amended, relating to law-enforcement powers and duties of conservation officers; procuring and executing arrest and search warrants on certain lands and waters; empowering conservation officers to stop and board vessels to conduct safety checks to ensure vessels are properly equipped and licensed; and making technical corrections.
Be it enacted by the Legislature of West Virginia:
That §20-7-4 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 7. LAW ENFORCEMENT, MOTORBOATING, LITTER.
§20-7-4. Powers and duties of conservation officers.
Conservation officers and
(1) Arrest on sight, without warrant or other court process, any person or persons committing a criminal offense in violation of
(2) Carry such arms and weapons as may be prescribed by the director in the course and performance of their duties, but no license or other authorization shall be required
(3) Search and examine, in the manner provided by law, any boat, vehicle, automobile, conveyance, express or railroad car, fish box, fish bucket or creel, game bag or game coat or
(4) Execute and serve
(5) Require the operator of any motor vehicle or other conveyance on or about the public highways or roadways, or in or near the fields and streams of this state, to stop for the purpose of allowing
(6) Summon aid in making arrests or seizures or in executing
(7) Enter private lands or waters within the state while engaged in the performance of their official duties
(8) Arrest on sight, without warrant or other court process, subject to the limitations set forth in subdivision (1) of this section, any person or persons committing a criminal offense in violation of any law of this state in the presence of
(9) Arrest any person who enters upon the land or premises of another without written permission from the owner of the land or premises in order to cut, damage, or carry away, or cause to be cut, damaged, or carried away any timber, trees, logs, posts, fruit, nuts, growing plants or products of any growing plant. Any person convicted of
(11) Serve and execute warrants for the arrest of any person and warrants for the search of any premises, buildings, properties or conveyances issued by a properly constituted authority in the same manner, with the same authority, and with the same legal effect, as a sheriff;
(12) Stop and board any vessel subject to this chapter for the purpose of conducting a safety check to ensure the vessel is properly equipped with required safety devises and is properly licensed, in the same manner, with the same authority, and with the same legal effect, as a sheriff; and
NOTE: The purpose of this bill is to authorize safety checks of boats by conservation officers.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
