West Virginia 2019 Regular Session Status: Enacted 1 R cosponsors

HB 2462 — Issuing a certificate to correctional employees to carry firearms

Last action — Chapter 59, Acts, Regular Session, 2019

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House of Delegates
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 16, 2019. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 7 sponsors

    1 primary, 6 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

179 added · 70 removed

Plain-language change summary

The changes made to HB 2462 clarify the authority and responsibilities of correctional officers. Specifically, the amendment distinguishes between correctional officers and law-enforcement officers, emphasizes the commissioner’s authority regarding travel for work purposes, and empowers correctional officers to make arrests for individuals who voluntarily surrender. These adjustments aim to enhance the operational clarity for correctional facilities and ensure that officers can perform their duties effectively, promoting safety and accountability within the correctional system.

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HB2462 S JUD AM #1 Smith    The Committee on the Judiciary moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
HB 2462 Text skip navigation SENATE PRESIDENT SENATORS COMMITTEES VIDEO/AUDIO DISTRICT MAPS SENATE CLERK SENATE RULES HOUSE SPEAKER DELEGATES COMMITTEES VIDEO/AUDIO DISTRICT MAPS HOUSE CLERK HOUSE RULES HOUSE STAFF JOINT INTERIM COMMITTEES LEGISLATIVE ADMINISTRATOR LEGISLATIVE SERVICES DIVISION PUBLIC INFORMATION LEGISLATIVE AUTOMATED SYSTEMS DIVISION LEGISLATIVE AUDITOR'S OFFICE PERFORMANCE EVALUATION & RESEARCH DIVISION POST AUDIT DIVISION BUDGET DIVISION REGULATORY AND FISCAL AFFAIRS DIVISION CLAIMS COMMISSION CRIME VICTIMS RULE-MAKING REVIEW SPECIAL INVESTIGATIONS JUDICIAL COMP.
COMMISSION JOINT RULES STAFF INFO BILL STATUS BILL STATUS BILL TRACKING STATE LAW WEST VIRGINIA CODE ACTS OF THE LEGISLATURE CODE OF 1931 WV CONSTITUTION US CONSTITUTION REPORTS AGENCY REPORTS AGENCY GRANT AWARDS PERFORMANCE EVALUATIONS POST AUDITS EDUCATIONAL CITIZEN’S GUIDE INTERNSHIP PROGRAM PAGE PROGRAM PUBLICATIONS PHOTO GALLERY CAPITOL HISTORY HOW A BILL BECOMES LAW CONTACT SENATE ROSTER HOUSE ROSTER PUBLIC INFO.
NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version « House Bill 2462 History OTHER VERSIONS  —  Introduced Version  |   |  Email Key:
Green = existing Code.
Red = new code to be enacted WEST virginia legislature regular session ENROLLED House Bill 2462 By Delegates Hollen, Canestraro, Kelly, D., Foster, Fast, Harshbarger and Mandt [Passed February 11, 2019;
in effect ninety days from passage.]  AN ACT to amend and reenact §15A-3-10 of the Code of West Virginia, 1931, as amended, relating to authorizing the carrying of firearms by correctional employees;
providing that after successful completion of designated firearms training, the commissioner may issue a certificate to carry division-issued firearms to correctional employees;
establishing that authorized correctional employees may carry division-issued firearms during performance of official duties and when traveling to and from work;
establishing the commissioner’s firearm training program must be equivalent to the firearms training requirements for deputy sheriffs;
requiring that the correctional employee must successfully complete an annual designated firearms course as established by the law enforcement professional standards program to maintain the certificate;
and providing the certificate bearing the commissioner’s signature  shall be in a form prescribed by the commissioner.
Be it enacted by the Legislature of West Virginia:
(d) Persons employed by the Division of Corrections and Rehabilitation as correctional officers are hereby authorized and empowered to make arrests of persons already charged with a violation of law who surrender themselves to the correctional officer, to arrest persons already in the custody of the division for violations of law occurring in the officer’s presence, to detain persons for violations of state law committed on the property of any facility under the jurisdiction of the commissioner, and to conduct investigations, pursue, and apprehend escapees from the custody of a facility of the division.
(d) Persons employed by the Division of Corrections and Rehabilitation as correctional officers are authorized and empowered to make arrests of persons already charged with a violation of law who surrender themselves to the correctional officer, to arrest persons already in the custody of the division for violations of law occurring in the officer’s presence, to detain persons for violations of state law committed on the property of any facility under the jurisdiction of the commissioner, and to conduct investigations, pursue, and apprehend escapees from the custody of a facility of the division.
(f) The Corrections Special Operations Team is hereby established continued and shall consist consists of the Corrections Emergency Response Team, the K9 unit, and the Crisis Negotiations team created under the former Division of Corrections.
(f) The Corrections Special Operations Team is continued and consists of the Corrections Emergency Response Team, the K9 unit, and the Crisis Negotiations team created under the former Division of Corrections.
It shall have has limited law-enforcement authority regarding matters occurring at jails, correctional centers, and juvenile centers, and arrest powers to apprehend escapees, absconders, and in all matters arising on the grounds of a facility under the care and control of the commissioner:
It has limited law-enforcement authority regarding matters occurring at jails, correctional centers, and juvenile centers, and arrest powers to apprehend escapees, absconders, and in all matters arising on the grounds of a facility under the care and control of the commissioner:
    Adopted Rejected
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Action History

  1. Chapter 59, Acts, Regular Session, 2019

  2. Approved by Governor 2/19/19 - House Journal

  3. Approved by Governor 2/19/19 - Senate Journal

  4. Approved by Governor 2/19/19

  5. To Governor 2/14/19 - House Journal

  6. To Governor 2/14/19 - Senate Journal

  7. To Governor 2/14/19

  8. House Message received

  9. Completed legislative action

  10. Communicated to Senate

  11. House concurred in Senate amendment and passed bill (Roll No. 115)

  12. House received Senate message

  13. Senate requests House to concur

  14. Passed Senate with amended title (Roll No. 86)

  15. Read 3rd time

  16. On 3rd reading

  17. Committee amendment adopted (Voice vote)

  18. Reported by clerk

  19. Laid over on 2nd reading 2/4/19

  20. Laid over on 2nd reading 2/1/19

  21. Read 2nd time

  22. On 2nd reading

  23. Read 1st time

  24. On 1st reading

  25. Reported do pass, with amendment and title amendment

  26. To Judiciary

  27. To Judiciary

  28. Introduced in Senate

  29. House Message received

  30. Communicated to Senate

  31. Title amendment adopted (Voice vote)

  32. Passed House (Roll No. 22)

  33. Read 3rd time

  34. On 3rd reading, Special Calendar

  35. Read 2nd time

  36. On 2nd reading, Special Calendar

  37. Read 1st time

  38. On 1st reading, Special Calendar

  39. Do pass

  40. To House Judiciary

  41. Introduced in House

  42. To Judiciary

  43. Filed for introduction

Sponsors

  • Hollen · Primary
  • Fast · Cosponsor
  • Canestraro · Cosponsor
  • Harshbarger · Cosponsor
  • Mandt · Cosponsor
  • Foster · Cosponsor
  • Betsy Kelly · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 6 co-sponsors · 145 not signed on

Sponsors (1)

  • Hollen

Co-sponsors (6)

  • Fast
  • Canestraro
  • Harshbarger
  • Mandt
  • Foster
  • Betsy Kelly Republican

Not signed on (145)

145 members have not signed on to this bill.

Show all 145 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

PASSAGE-SENATE AMENDED HB

Passed 97 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 69002
Republican 23001
Democrat 5000
Total 97003
% of votes cast 97%0%0%3%
How each member voted (100)
Member Party Vote
Evans — Yea
Foster — Yea
Brown, N. — Yea
Brown, S. — Yea
Maynard — Yea
Sypolt — Yea
Thompson, C. — Yea
Thompson, R. — Yea
Hartman — Yea
Tomblin — Yea
Nelson — Yea
Walker — Yea
Phillips — Yea
Atkinson — Yea
Bates — Yea
Bibby — Yea
Boggs — Yea
Byrd — Yea
Cadle — Yea
Capito — Yea
Caputo — Yea
Cowles — Yea
Estep-Burton — Yea
Fleischauer — Yea
Graves — Yea
Hamrick — Yea
Hardy — Yea
Hicks — Yea
Higginbotham — Yea
Hill — Yea
Lavender-Bowe — Yea
Longstreth — Yea
Lovejoy — Yea
Mandt — Yea
Pack — Yea
Paynter — Yea
Porterfield — Yea
Rowe — Yea
Sponaugle — Yea
Storch — Yea
Summers — Yea
Swartzmiller — Yea
Waxman — Yea
Westfall — Yea
Diserio — Yea
Jeffries, J. — Yea
Doyle — Yea
Householder — Yea
Kump — Not Voting
Robinson — Yea
Rowan — Yea
Wilson — Yea
Zukoff — Yea
Angelucci — Yea
Canestraro — Yea
Espinosa — Yea
Fast — Yea
Hanna — Yea
Harshbarger — Yea
Hollen — Yea
Kessinger — Yea
Linville — Yea
Malcolm — Yea
Miley — Yea
Pethtel — Yea
Pyles — Yea
Rodighiero — Not Voting
Shott — Yea
Skaff — Yea
Staggers — Yea
Steele — Yea
Evan Hansen Democrat Yea
John Williams Democrat Yea
Mike Pushkin Democrat Yea
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Yea
Ben Queen Republican Yea
Betsy Kelly Republican Yea
Betsy Kelly Republican Not Voting
Carl Martin Republican Yea
Christopher W. Toney Republican Yea
D. Rolland Jennings Republican Yea
Dean Jeffries Republican Yea
Evan Worrell Republican Yea
Gary G. Howell Republican Yea
George Miller Republican Yea
Jason Barrett Republican Yea
Jeff Campbell Republican Yea
Jim Butler Republican Yea
Joe Ellington Republican Yea
John Paul Hott Republican Yea
Mark Dean Republican Yea
Matthew Rohrbach Republican Yea
Mike Azinger Republican Yea
Pat McGeehan Republican Yea
Patrick Martin Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Vernon Criss Republican Yea
William Anderson Republican Yea

Passage

Passed 31 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 29003
Total 31003
% of votes cast 91%0%0%9%
How each member voted (34)
Member Party Vote
JEFFRIES — Yea
SMITH — Yea
BALDWIN — Yea
LINDSAY — Yea
STOLLINGS — Yea
BEACH — Yea
MANN — Not Voting
SWOPE — Yea
BLAIR — Yea
MARONEY — Yea
SYPOLT — Yea
BOLEY — Yea
MAYNARD — Yea
TAKUBO — Yea
BOSO — Not Voting
PALUMBO — Not Voting
TARR — Yea
PLYMALE — Yea
TRUMP — Yea
CLINE — Yea
PREZIOSO — Yea
UNGER — Yea
FACEMIRE — Yea
ROBERTS — Yea
WELD — Yea
HAMILTON — Yea
ROMANO — Yea
WOELFEL — Yea
HARDESTY — Yea
RUCKER — Yea
MR PRESIDENT — Yea
IHLENFELD — Yea
Charles H. Clements Republican Yea
Mike Azinger Republican Yea

PASSAGE

Passed 98 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 69002
Republican 24000
Democrat 5000
Total 98002
% of votes cast 98%0%0%2%
How each member voted (100)
Member Party Vote
Evans — Yea
Fast — Yea
Foster — Yea
Brown, N. — Yea
Bates — Yea
Bibby — Yea
Fleischauer — Yea
Graves — Yea
Hamrick — Yea
Lavender-Bowe — Yea
Linville — Yea
Lovejoy — Yea
Malcolm — Yea
Rowan — Yea
Shott — Yea
Sponaugle — Yea
Staggers — Yea
Byrd — Yea
Hardy — Yea
Harshbarger — Yea
Swartzmiller — Yea
Brown, S. — Yea
Maynard — Yea
Hartman — Yea
Sypolt — Yea
Thompson, R. — Yea
Tomblin — Yea
Nelson — Yea
Walker — Yea
Canestraro — Yea
Capito — Yea
Higginbotham — Yea
Hill — Yea
Miley — Yea
Pack — Yea
Boggs — Not Voting
Cowles — Yea
Doyle — Yea
Phillips — Yea
Diserio — Yea
Jeffries, J. — Yea
Thompson, C. — Not Voting
Estep-Burton — Yea
Householder — Yea
Paynter — Yea
Porterfield — Yea
Robinson — Yea
Waxman — Yea
Westfall — Yea
Zukoff — Yea
Angelucci — Yea
Atkinson — Yea
Cadle — Yea
Caputo — Yea
Espinosa — Yea
Hanna — Yea
Hicks — Yea
Hollen — Yea
Kessinger — Yea
Kump — Yea
Longstreth — Yea
Mandt — Yea
Pethtel — Yea
Pyles — Yea
Rodighiero — Yea
Rowe — Yea
Skaff — Yea
Steele — Yea
Storch — Yea
Summers — Yea
Wilson — Yea
Evan Hansen Democrat Yea
John Williams Democrat Yea
Mike Pushkin Democrat Yea
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Yea
Ben Queen Republican Yea
Betsy Kelly Republican Yea
Betsy Kelly Republican Yea
Carl Martin Republican Yea
Christopher W. Toney Republican Yea
D. Rolland Jennings Republican Yea
Dean Jeffries Republican Yea
Evan Worrell Republican Yea
Gary G. Howell Republican Yea
George Miller Republican Yea
Jason Barrett Republican Yea
Jeff Campbell Republican Yea
Jim Butler Republican Yea
Joe Ellington Republican Yea
John Paul Hott Republican Yea
Mark Dean Republican Yea
Matthew Rohrbach Republican Yea
Mike Azinger Republican Yea
Pat McGeehan Republican Yea
Patrick Martin Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Vernon Criss Republican Yea
William Anderson Republican Yea

Subjects

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Frequently asked questions

Who sponsors HB 2462?
HB 2462 is sponsored by Hollen, Fast, Canestraro, Harshbarger, Mandt, Foster, and Betsy Kelly (Republican).
What is the current status of HB 2462?
This bill has been enacted into law. Introduced January 16, 2019. Enacted.
Where can I track HB 2462?
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