SB 83 — Authorizing tactical medical professionals to carry firearms

WESTSB83 VIRGINIAH LEGISLATUREGO REGULARAM SESSION#1 ENROLLED1-25Valentino 3289 The Committee Substituteon forGovernment SenateOrganization Billmoves 83to Byamend Senatorsthe Takubo,bill Phillips,by striking everything after the enacting clause and Hamiltoninserting [Passedin Februarylieu 02,thereof 2023;the following:  “ARTICLE 29.

in effect 90 days from passage] Enr CS for SB 83 AN ACT to amend and reenact §30-29-3 of the Code of West Virginia, 1931, as amended;

and to amend said code by adding thereto a new article, designated §30-43-1, §30-43-2, and §30-43-3, all relating to tactical medical professionals;

defining terms;

authorizing to carry firearms;

training and certification requirements;

and protecting from civil or criminal liability.

Be it enacted by the Legislature of West Virginia:

ARTICLE 29.

  §30-29-3.

(a) (a) The subcommittee shall, by or pursuant to rules proposed for legislative approval in accordance with §29A-3-1 et seq.

of this code:code:(1) Provide funding for the establishment and support of law-enforcement training academies in the state;(2) Establish standards governing the establishment and operation of the law-enforcement training academies, including regional locations throughout the state, in order to provide access to each law-enforcement agency in the state in accordance with available funds;(3) Establish minimum law-enforcement instructor qualifications;(4) Certify qualified law-enforcement instructors;(5) Maintain a list of approved law-enforcement instructors;(6) Promulgate standards governing the training, firearms qualification, and initial and ongoing professional certification of law-enforcement officers and the entry-level, law-enforcement training curricula.

(1)These Providestandards fundingshall forrequire thesatisfactory establishmentcompletion of a minimum of 800 classroom hours as promulgated by legislative rule and supportshall provide that the required classroom hours shall be accumulated on the basis of a full-time curricula;(7) Establish standards governing in-service, law-enforcement officer training academiescurricula and in-service supervisory level training curricula;(8) Certify organized criminal enterprise investigation techniques with a qualified anti-racial profiling training course or module;(9) Establish standards governing mandatory training to effectively investigate organized criminal enterprises as defined in the§61-13-1 state;et seq.

(2)of Establishthis standardscode governingwhile thepreventing establishmentracial andprofiling, operationas defined in §30-29-10 of thethis law-enforcementcode, for entry-level training academies,curricula includingand regionalfor locationslaw-enforcement throughoutofficers who have not received such training as certified by the state,subcommittee as required in orderthis tosection;(10) provideEstablish accessprocedures tofor eachimplementation law-enforcementof agencya course in theinvestigation stateof inorganized accordancecriminal withenterprises which includes an anti-racial training module to be available funds;on the Internet or otherwise to all law-enforcement officers.

(3) Establish minimum law-enforcement instructor qualifications;

(4) Certify qualified law-enforcement instructors;

(5) Maintain a list of approved law-enforcement instructors;

(6) Promulgate standards governing the training, firearms qualification, and initial and ongoing professional certification of law-enforcement officers and the entry-level, law- enforcement training curricula.

These standards shall require satisfactory completion of a minimum of 800 classroom hours as promulgated by legislative rule and shall provide that the required classroom hours shall be accumulated on the basis of a full-time curricula;

(7) Establish standards governing in-service, law-enforcement officer training curricula and in-service supervisory level training curricula;

(8) Certify organized criminal enterprise investigation techniques with a qualified anti-racial Enr CS for SB 83 profiling training course or module;

(9) Establish standards governing mandatory training to effectively investigate organized criminal enterprises as defined in §61-13-1 et seq.

of this code while preventing racial profiling, as defined in §30-29-10 of this code, for entry-level training curricula and for law-enforcement officers who have not received such training as certified by the subcommittee as required in this section;

(10) Establish procedures for implementation of a course in investigation of organized criminal enterprises which includes an anti-racial training module to be available on the Internet or otherwise to all law-enforcement officers.

In order to implement and carry out the intent of this section, the subcommittee may promulgate emergency rules pursuant to §29A-3-15 of this code;code;(11) Certify or decertify or reactivate law-enforcement officers, as provided in §30-29-5 and §30-29-11 of this code;(12) Establish standards and procedures for the reporting of complaints and certain disciplinary matters concerning law-enforcement officers and for reviewing the certification of law-enforcement officers.

(11)These Certifystandards orand decertifyprocedures orshall reactivateprovide for preservation of records and access to records by law-enforcement officers,agencies and conditions as providedto how the information in §30-29-5those records is to be used regarding an officer’s law-enforcement employment by another law-enforcement agency:(A) The subcommittee shall establish and §30-29-11manage a database that is available to all law-enforcement agencies in the state concerning the status of any person’s certification.(B) Personnel or personal information not resulting in a criminal conviction is exempt from disclosure pursuant to the provisions of chapter 29B of this code;code;(13) Seek supplemental funding for law-enforcement training academies from sources other than the fees collected pursuant to §30-29-4 of this code;(14) Any responsibilities and duties as the Legislature may, from time to time, see fit to direct to the subcommittee;

(12)(15) Establish standards and procedures for theinitial reporting of complaints and certainongoing disciplinarytraining mattersfor concerning law-enforcement officers andresponsible for reviewinginvestigating thesexual certificationassault ofcases law-involving enforcementadult officers.victims.

These standards and procedures shall provide for preservation of records and access to records by law-enforcement agencies and conditions as to how the information in those records is to be used regarding an officer’s law-enforcement employment by another law- enforcement agency:

(A) The subcommittee shall establish and manage a database that is available to all law- enforcement agencies in the state concerning the status of any person’s certification.

(B) Personnel or personal information not resulting in a criminal conviction is exempt from disclosure pursuant to the provisions of chapter 29B of this code;

(13) Seek supplemental funding for law-enforcement training academies from sources Enr CS for SB 83 other than the fees collected pursuant to §30-29-4 of this code;

(14) Any responsibilities and duties as the Legislature may, from time to time, see fit to direct to the subcommittee;

(15) Establish standards and procedures for initial and ongoing training for law- enforcement officers responsible for investigating sexual assault cases involving adult victims.

and (C) Investigative techniques;techniques;(16) Submit, on or before September 30 of each year, to the Governor, the Speaker of the House of Delegates, the President of the Senate, and, upon request, to any individual member of the Legislature, a report on its activities during the previous year, and an accounting of funds paid into and disbursed from the special revenue account established pursuant to §30-29-4 of this code;(17) Develop and promulgate rules for state, county, and municipal law-enforcement officers, law-enforcement agencies, and communications and emergency operations centers that dispatch law-enforcement officers with regard to the identification, investigation, reporting, and prosecution of suspected child abuse and neglect:

(16) Submit, on or before September 30 of each year, to the Governor, the Speaker of the House of Delegates, the President of the Senate, and, upon request, to any individual member of the Legislature, a report on its activities during the previous year, and an accounting of funds paid into and disbursed from the special revenue account established pursuant to §30-29-4 of this code;

(17) Develop and promulgate rules for state, county, and municipal law-enforcement officers, law-enforcement agencies, and communications and emergency operations centers that dispatch law-enforcement officers with regard to the identification, investigation, reporting, and prosecution of suspected child abuse and neglect:

andand(18) (18) Make recommendations to the Governor’s Committee on Crime, Delinquency, and Correction for legislation related to the subcommittee’s duties and responsibilities, or for research or studies by the Division of Administrative Services on topics related to the subcommittee’s duties and responsibilities.responsibilities.(19) Promulgate standards governing the training, firearms qualification, and initial and ongoing professional certification of a tactical medical professional, as defined in §30-43-1 of this code, on or before January 1, 2024.

(19) This Promulgatetraining standardsprogram governingshall theinclude training,awarding firearmsa qualification,certificate andupon initialsuccessful andcompletion ongoingof professionalthe certificationprogram ofthat aqualifies the tactical medical professional,professional asto definedcarry ina §30-43-1firearm ofwhile on duty.(b) In addition to the duties authorized and established by this Enrsection, CSthe forsubcommittee SBmay:(1) 83Establish code,training onto oreffectively beforeinvestigate Januaryhuman 1,trafficking 2024.offenses as defined in §61-2-1 et seq.

This training program shall include awarding a certificate upon successful completion of the program that qualifies the tactical medical professional to carry a firearm while on duty.

(b) In addition to the duties authorized and established by this section, the subcommittee may: