SB 244 — Specifying conditions for unlawful possession of firearm at school-sponsored activities

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Red = new code to be enacted WEST virginia legislature regular session Engrossed Committee Substitute for Senate Bill 244 By Senators Azinger and Rucker [Originating in the Committee on Education;

reported on January 31, 2018]     A BILL to amend and reenact §61-7-11a§61-7-11a of the Code of West Virginia, 1931, as amended, relating to specifying the conditions under which it is unlawful to possess a firearm or other deadly weapon at school-sponsored functions;

§61-7-11a.§61-7-11a.

suspension of driver’sdriver’s license;

It is for the purpose of providing assurances of safety that §61-7-11a(b),§61-7-11a(b), §61-7-11a(g),§61-7-11a(g), and §61-7-11a(h),§61-7-11a(h), of this code and §61-7-11a(b)(2)(I)§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 for a person to possess a firearm or other deadly weapon on a school bus as defined in §17A-1-1§17A-1-1 of this code or in or on a public primary or secondary education building, structure, facility, or grounds including a vocational education building, structure, facility, or grounds where secondary vocational education programs are conducted or at a school-sponsored function that is taking place in a specific area that is owned, rented, or leased by a county school board or local public school for the actual period of time used by the school entity and has clear signage to that effect, or in or on a private primary or secondary education building, structure, or facility:

Provided, That it shall not be unlawful to possess a firearm or other deadly weapon on or in a private primary or secondary education building, structure, or facility when such institution has adopted written policies allowing for possession of firearms on or in the institution’sinstitution’s buildings, structures, or facilities.

(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 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.

(B) Any probation officer appointed pursuant to §62-12-5§62-12-5 or chapter 49 of this code in the performance of his or her duties;

(iv) 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.

§926C(c);§926C(c);

§926C(c),§926C(c), carries that firearm in a concealed manner, and has on their person official identification in accordance with that act;

 (E)(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;

(c) A school principal subject to the authority of the State Board of Education who discovers a violation of §61-7-11a(b)§61-7-11a(b) of this code shall report the violation as soon as possible to:

(d) In addition to the methods of disposition provided by §49-5-1§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)§61-7-11a(b) of this code may order the Division of Motor Vehicles to suspend a driver’sdriver’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’sperson’s nineteenth birthday.

If the person has not been issued a driver’sdriver’s license or instruction permit by this state, a court may order the Division of Motor Vehicles to deny the person’sperson’s application for a license or permit for a period of time as the court considers appropriate, not to extend beyond the person’sperson’s nineteenth birthday.

Where the court orders the suspension of a driver’sdriver’s license or instruction permit pursuant to this subsection, the court shall confiscate any driver’sdriver’s license or instruction permit in the adjudicated person’sperson’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)§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)§61-7-11a(e)(2) of this code, the person’sperson’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)§61-7-11a(e)(1) of this code shall forward to the commissioner a transcript of the judgment of conviction.

(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)§61-7-11a(e)(1) of this code, the commissioner shall make and enter an order revoking the person’sperson’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’sperson’s twentieth birthday, whichever is the greater period.

The order of suspension shall advise the person that because of the receipt of the court’scourt’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§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.

If the commissioner grants an administrative hearing, the commissioner shall stay the license suspension pending the commissioner’scommissioner’s order resulting from the hearing.

(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)§61-7-11a(b) of this code or has reasonable cause to believe that the person’sperson’s violation of §61-7-11a(b)§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.

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