Senate Bill No. 306
(By Senators Barnes, Green, Helmick, Sypolt and Williams)
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[Introduced January 27, 2011; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact §7-4-1 of the Code of West Virginia,
1931, as amended, relating to requiring prosecuting attorneys
who elect to carry a concealed firearm to receive
certification to carry a concealed firearm nationwide as
provided in the federal Law-Enforcement Officers Safety Act of
2004.
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
.
(a) It shall be the duty of The prosecuting attorney to shall
attend to the criminal business of the state in the county in which he the prosecuting attorney is elected and qualified. and When he
the prosecuting attorney has information of the violation of any
penal law committed within such the county in which the prosecuting
attorney is elected and qualified, he the prosecuting attorney
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 may deem the prosecuting
attorney considers material. Every public officer shall give him
the prosecuting attorney information of the violation of any penal
law committed within his the county in which the prosecuting
attorney is elected and qualified. It shall also be the duty of
The prosecuting attorney to shall attend to civil suits in such the
county in which the prosecuting attorney is elected and qualified,
in which the state or any department, commission, or board, thereof
or other instrumentality of the state 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 the county or
any county board of education is interested.
(b) Any prosecuting attorney or assistant prosecuting attorney
who elects to carry a concealed firearm pursuant to the federal Law
Enforcement Officers Safety Act, 18 U.S.C. §926B, shall undergo
annual firearms training and certification established by the
sheriff's department of his or her county, similar to that which is
provided to members of the sheriff's department eligible for training and certification under 18 U.S.C. §926B, and which shall
reasonably accommodate any physical disability of the trainee. Any
prosecuting attorney or assistant prosecuting attorney who elects
to undergo training and certification pursuant to this subsection
shall provide, at his or her own expense, a suitable firearm and
any ammunition actually expended in training and certification
pursuant to this subsection. Upon completion of training and
certification pursuant to this subsection, each prosecuting
attorney or assistant prosecuting attorney shall be issued a
photographic identification and certification card, suitable to be
carried in a wallet, valid for one year, which shall contain the
name, title, official address, full-face color photograph of said
prosecuting attorney or assistant prosecuting attorney, the
sheriff's signature, the expiration date, the words "qualified
law-enforcement officer under 18 U.S.C. §926B" in conspicuous type
and shall indicate completion of periodic training consistent with
this subsection and 18 U.S.C. §926B. Prosecuting attorneys and
assistant prosecuting attorneys shall have all the rights and
authorities necessary in order to comply with 18 U.S.C. §926B and
receive the rights, benefits, privileges and immunities conferred
under 18 U.S.C. §926B. This subsection is supplemental and
additional to existing rights to bear arms, and nothing in this
subsection shall impair or diminish such rights.
(c) It shall be the duty of The prosecuting attorney to shall 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
assistant prosecuting attorneys, 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 shall perform or to assist the Attorney General in
performing, in the county in which he the prosecuting attorney is
elected and qualified, 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 the county. It shall also be the duty of The prosecuting
attorney, when requested by the Attorney General, to shall 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 the county in which such the prosecuting attorney
is elected and qualified, and for the performance of any such
duties in any county other than that the county in which such the
prosecuting attorney is elected he and qualified, the prosecuting
attorney shall be paid his or her actual expenses.
(d) Upon the request of the Attorney General, the prosecuting
attorney shall make a written report of the state and condition of
the several causes all cases in which the state is a party, pending
in his the county, and upon any matters referred to him the prosecuting attorney by the Attorney General as provided by law.
NOTE: The purpose of this bill is to require prosecuting
attorneys, who elect to carry a concealed firearm, to receive
certification to carry a concealed firearm nationwide as provided
in the federal Law-Enforcement Officers Safety Act of 2004.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.