The following information represents both synopsis and full-text of laws passed during the 2001 session of
the West Virginia Legislature. This document does not purport to contain all laws affecting law
enforcement. This information was taken from enrolled bills obtained from the Legislature. You should
consult the Acts of the Legislature and/or the enrolled bills in order to obtain full-texts of the laws. This
information may be available at www.legis.state.wv.us/Code/toc.html in the future or by calling Legislative
Services at 304.347.4800.

This new section permits video lottery machines regulated by the West Virginia Lottery Commission subject to the following conditions:

W. Va. Code §29-22B-328: The machines can only be located at "restricted access adult-only facilities.  This section defines these facilities as private clubs licensed under §60–6-7 and businesses having a Class "A" beer license under §11-16-1.

W. Va. Code §29-22B-601 & 602: The State Police is responsible for conducting background investigations on all applicants for video lottery licenses.

W. Va. Code §29-22B-1201: All video lottery terminals are required to be monitored by closed circuit television systems with the tapes being stored for sixty (60) days.  Personnel of the Lottery Commission and investigators with the Alcohol Beverage Control Administration have unrestricted access to video lottery terminal locations.

W. Va. Code §29-22B-1701: The director and employees of the Lottery Commission are prohibited from having any financial or other interest, or deriving any benefit from an association with applicants for licenses or licensees.  They also may not accept any gifts.  A violation of this section is a misdemeanor punishable by three to twelve months in jail and/or a fine of fifty to one-thousand dollars; unless the act constitutes bribery pursuant to §61-5A-3, then the punishment is as provided in §61-5A-1.

W. Va. Code §29-22B-1707: A person who possesses any video lottery terminal that is not a video gambling machine or possesses any other device, equipment or material which the person knows has been manufactured, distributed, sold, tampered with or serviced in violation of the provisions of the law, is guilty of a misdemeanor.  First offense is punishable by up to one year in jail and/or a fine of one-thousand to five-thousand dollars, five-thousand to twenty-five thousand dollars for businesses.  Second and subsequent offenses are felonies punishable by one to three years in a state correctional facility and a fine of five-thousand to twenty-five hundred thousand dollars for individuals, fifty-thousand to one-hundred thousand dollars for businesses.

W. Va. Code §29-22B-1708: A person who knowingly conducts, carries on, operates or exposes for play, or allows to be conducted, carried on, operated or exposed for play, any video lottery game, video lottery terminal or other device, equipment or material which has in any manner been tampered with or placed in a condition or operated in a manner the result of which tends to deceive the public or tends to alter the normal random selection of characteristics or the normal chance of the video lottery game which could determine the result of the game is guilty of a misdemeanor.    First offense is punishable by up to one year in jail and/or a fine of one-thousand to five-thousand dollars, twenty-five thousand to fifty-thousand dollars for businesses.  Second and subsequent offenses are felonies punishable by one to three years in a state correctional facility and a fine of five-thousand to twenty-five thousand dollars for individuals, fifty thousand to one-hundred thousand dollars for businesses.

W. Va. Code §29-22B-1709:  A person who knowingly conducts, carries on, operates or exposes for play, or allows to be conducted, carried on, operated or exposed for play, any video lottery game, video lottery terminal, data line connection with central control computer, or other device, equipment or material which has in any manner been tampered with or placed in a condition or operated in a manner the result of which tends to deceive the State Lottery Commission or tends to alter the accurate recording of credits played and credits won by the Commission's central control computer, or the central control computer's ability to disable and cause not to operate any or all video lottery terminals of a licensed limited video lottery retailer is guilty of a misdemeanor.  First offense is punishable by up to one year in jail and a fine of up to five- thousand dollars, up to fifty-thousand dollars for businesses.  Second and subsequent offenses are felonies punishable by one to five years in a state correctional facility and a fine of one-thousand to five-thousand dollars for individuals, and up to fifty-thousand dollars for businesses.

W. Va. Code §29-22B-1710: A person who employs or continues to employ an individual not issued a license who is required to have a license to deal with video lottery terminals for the first offense is guilty of a misdemeanor.  First offense is punishable by up to one year in jail and a fine of up to five thousand dollars, up to twenty-five thousand dollars for businesses.  Second and subsequent offenses are felonies punishable by one to three years in a state correctional facility and a fine of five thousand to  twenty-five thousand dollars for individuals, and fifty thousand to one-hundred thousand dollars for businesses.

W. Va. Code §29-22B-1711: An individual who is required to obtain a license from the Lottery Commission to work as a limited video lottery retailer or service technician but who works as limited video lottery retailer or service technician without obtaining the requisite license; or is employed in a position with duties which require a license is guilty of a misdemeanor.  First offense is punishable by up to one year in jail and a fine of up to ten-thousand dollars, up to twenty-five thousand dollars for businesses.  Second and subsequent offenses are punishable by up to one year in jail and a fine of five-thousand to twenty-thousand dollars.

W. Va. Code §29-22B-1712: Any person who, while a video lottery game is being played, uses, or assists another person in the use of, an electronic or electrical or mechanical device which is designed, constructed or programmed specifically for use in obtaining an advantage at playing any video lottery game is guilty of a felony.  First offense is punishable by one to five years in a state correctional facility and a fine of one-thousand to five-thousand dollars.  Second and subsequent offenses are felonies punishable by one to three years in a state correctional facility and a fine of five-thousand to  twenty-five thousand dollars for individuals, and fifty-thousand to one-hundred thousand dollars for businesses.

W. Va. Code §29-22B-1713: A person who knowingly violates any provision of the Act or the rules of play or game rules of a video lottery game, and who profits thereby in an amount equal to one-thousand dollars or more, is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility not less than one nor more than ten years, or in the discretion of the court, be confined in jail for not more than one year and be fined not less than two-thousand dollars nor more than five-thousand dollars.  If a person profits thereby in an amount less than one-thousand dollars, that person is guilty of a misdemeanor and, upon conviction thereof, shall be confined in a county or regional jail for a term not to exceed one year or fined an amount not less than one-thousand dollars nor more than two-thousand five-hundred dollars, or both.

W. Va. Code §29-22B-1714: It shall be unlawful for any person to corruptly combine, collude or conspire with one or more other persons with respect to the purchasing or leasing of video lottery terminals or associated equipment, or the provision of services, or the bidding of authorizations to own or lease video lottery terminals.  Any violation of this section is a felony punishable by one to five years in a state correctional facility and a fine of ten-thousand to twenty-five thousand dollars.

W. Va. Code §29-22B-1801: Effective January 1, 2002, and thereafter, video gambling machines are per se illegal gambling devices which may be seized and destroyed as illegal contraband by any law-enforcement agency having jurisdiction over the political subdivision in which the device is found, and the owner or owners of the device have no right to compensation for the seizure and destruction of any video gambling machine.

Effective Date: April 21, 2001

W. Va. Code §48-27-301: Effective September 1, 2001, the jurisdiction of the Magistrate Court will be limited to issuing temporary domestic violence protective orders.  Final hearings on the order will be conducted by a Circuit Judge or Family Law Master.

Effective Date: September 1, 2001

 PART 6.  DISPOSITION OF DOMESTIC VIOLENCE ORDERS.

W.Va. Code §48-27-601: Filing of orders with law-enforcement agency; affidavit as to award of possession of real property; service of order on respondent.

This section was amended to require law enforcement agencies to open a criminal investigation when a person is reported missing who had earlier been awarded a protective order, otherwise protected by the provisions of a domestic violence order or where an affidavit is filed alleging domestic violence; also when a person submits an affidavit that a missing person had previously been threatened or abused by another person.

Effective Date: July 11, 2001

W. Va. Code §17-24A-2.  Abandonment of motor vehicles prohibited; inoperative household appliances prohibited in certain places; penalty.

This new article replaces old article 24, which was deleted from the code and replaced with the Waste Tire Remediation Act by the 2000 Legislature.  The new article prohibits abandoning motor vehicles except on private property owned by the person disposing of the items or at a licensed salvage yard.  Further, inoperative household appliances may only be disposed of at licensed salvage yards, solid waste facilities or other businesses authorized to accept solid waste.  If the weight of the disposed item is less than one-hundred pounds or less than twenty-seven cubic feet in size, a violation constitutes a misdemeanor punishable by a fifty to one-thousand dollar fine and/or eight to sixteen hours of supervised litter pick-up.  It is also a misdemeanor if the disposed item is between one and five-hundred pounds or between twenty-seven and two-hundred sixteen cubic feet, however, the penalties are raised to five-hundred to two-thousand dollars and/or sixteen to thirty-two hours of supervised litter pick-up.  If the disposed item is over five-hundred pounds or greater than two-hundred sixteen cubic feet in size, the misdemeanor offense is punishable by a fine of two-thousand five-hundred to twenty-five thousand dollars and/or confinement in jail for up to one year.

W. Va. Code §17-24A-3: Authority to take possession of abandoned motor vehicles, junked motor vehicles, and inoperative household appliances.

This new section authorizes any enforcement agency having knowledge of or discovering any abandoned motor vehicle, junked motor vehicle or inoperative household appliance on either public or private property to take it into custody and possession.  Private property owners must be given thirty days notice prior to removal.

W. Va. Code §17-24A-4: Abandoned or junked motor vehicles; notification to motor vehicle owner and lienholder; charges and fees; exceptions.

This new section requires that when an enforcement agency takes custody of abandoned or junked motor vehicles that they notify the last known registered owner and any lienholders via certified mail within fifteen days.  The agency must also notify whoever took possession of the vehicle (e.g., wrecker company, salvage yard) of the identity of the last known registered owner and lienholder within fifteen days.  If the identity of the last registered owner is not known, then a Class I Legal Advertisement has to be published.

Effective Date: July 10, 2001

ARTICLE 14.  MISCELLANEOUS RULES.

W. Va. Code §17C-14-14: Unlawful to litter from motor vehicle; penalty; rule making.

This new section makes it a crime to throw litter from a vehicle onto a public or private highway, in the waters of the state or within one-hundred feet of the waters of this state except in a proper litter or other solid waster receptacle.  Litter is defined as "all waste material" and includes garbage, refuse, trash, disposable package, containers, cans, bottles, paper, ashes, cigarette or cigar butt, carcass of any dead animal or any part thereof, or other offensive and unsightly matter, but not including the wastes of primary processes of mining, logging, saw milling, farming or manufacturing.  Drivers convicted of this offense will be assessed three points on their operator's license.  Drivers are presumed to be the person who disposed of the litter if multiple occupants are present and the officer cannot discern which one did the act.  The penalties are listed in §20-7-27.

Effective Date: June 26, 2001

W.Va. Code §17C-1-64: Passenger Van.

This section has been amended to state that any van or motor vehicle used for the specific purpose of transporting children to medical facilities for the purpose of medical or dental treatment and which loads and unloads the children on private property, making no stops for loading and unloading along public roads or highways, is not a "passenger van" as defined by the code.

Effective Date: July 12, 2001

W.Va. Code §17C-5-2: Driving under the influence of alcohol, controlled substances or drugs; penalties.

This section was amended to provide for an alternative sentence of either home confinement or participation in a community corrections program.  Community corrections programs may be created by counties and/or Class I and Class II municipalities in order to divert persons away from the county or regional jail.  Community corrections includes probation supervision programs,
home incarceration programs, community service restitution programs, substance abuse treatment programs, sex offender containment programs, and the like.

Effective Date: July 1, 2001

W.Va. Code §17C-15-50: Deployed restraint systems resale or reinstallation prohibited.

This new section states that a person who knowingly installs or reinstalls any object in lieu of an air bag or anything other than a not previously deployed air bag that was designed in accordance with federal safety regulations for the make, model, and year or vehicle, as part of a vehicle inflatable restraint system, is guilty of a misdemeanor punishable by up to one year in jail and/or a fine of one-thousand to five-thousand dollars.

Effective Date: July 11, 2001

W.Va. Code §17C-5-4: Implied consent to test; administration at direction of law-enforcement officer; designation of type of test; definition of law-enforcement officer.

This section was amended to allow the secondary chemical test of a person's breath to be conducted at the nearest available properly functioning secondary chemical testing device located outside the county in which arrest is made, if (1) there is no properly functioning secondary chemical testing device located within the county the arrest was made or (2) there is no magistrate available within the county the arrest was made for arraignment of the person arrested.  This section was also amended to make it applicable to offenses involving the operation of a motorboat, jet ski or other motorized vessel when an officer is administering a preliminary breath analysis and the secondary chemical test of an accused person's blood, breath or urine for the purpose of determining the alcoholic content of his or her blood.

Effective Date: July 13, 2001

W. Va. Code 62-12-19: Violation of parole.

This section was amended to allow all law enforcement officers to arrest parole violators based on a written authorization from the Commissioner of Corrections.

Effective Date: July 13, 2001
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ARTICLE 5.  CRIMES AGAINST PUBLIC JUSTICE.

W. Va. Code §61-5-17: Obstructing officer; fleeing from officer; making false statement to officer; penalties; definitions.

This section was amended to add two new subsections.  New subsection "b"makes it a felony punishable by one to five years in a state correctional facility for persons who intentionally disarm or attempts to disarm any law enforcement officer acting in his or her official capacity.  New subsection "c" provides that any person who, with intent to impede or obstruct a law enforcement officer in the conduct of an investigation of a felony offense, who knowingly willfully makes a material false statement is guilty of a misdemeanor punishable by a fine of twenty-five to two-hundred dollars and/or confinement in jail up to five days.  Subsection "c" does not apply to statements made by a spouse, parent, stepparent, grandparent, sibling, half-sibling, child, stepchild or grandchild; where related by blood or marriage, of the person under investigation.  It also doesn't apply to the person under investigation.  For the purposes of new subsection "c," the term law enforcement officer does not include watchman, the state police or college security personnel.

Effective Date: July 13, 2001
 
 

ARTICLE 8.  CRIMES AGAINST CHASTITY, MORALITY AND DECENCY.

W. Va. Code §61-8-11: Breathing, inhaling, or drinking certain intoxicating compounds; penalty.

This article was amended to add new section 11.  The section states that no person shall intentionally breath, inhale, or drink any compound, liquid, or chemical containing acetone, amylacetate, benzol or benzene, butyl acetate, butyl alcohol, carbon tetrachloride, chloroform, cyclohexanone, ethanol or ethyl alcohol, ethyl acetate, hexane, isopropanol or isopropyl alcohol, isopropyl acetate, methyl "cello solve" acetate, methyl ethyl ketone, methyl isobutyl ketone, toluol or toluene, trichloroethylene, tricresyl phosphate, xylol or xylene, or any other solvent, material substance, chemical or combination thereof, having the property of releasing toxic vapors for the purpose of inducing a condition of intoxication, stupefaction, depression, giddiness, paralysis, or irrational behavior or in any manner changing, distorting, or disturbing the auditory, visual, or mental processes.  The crime is a misdemeanor punishable by a fine of up to one-hundred dollars and/or confinement in jail for up to sixty days.

Effective Date: July 12, 2001
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ARTICLE 12. SEX OFFENDER REGISTRATION ACT
W. Va. Code §15-12-2: Registration

This section was amended to require persons registering as sex offenders to provide information relating to any Internet accounts including his or her screen names, user names or aliases.
 
W. Va. Code §15-12-5: Distribution and disclosure of information; community information programs by prosecuting attorney and state police; petition to circuit court.

This section was amended to prohibit the release of the names of victims during community information programs.  Also, the Internet account information, screen names, user names or aliases used by a registrant may not be released.

Effective Date: June 13, 2001
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ARTICLE 10.  COOPERATION BETWEEN LAW-ENFORCEMENT AGENCIES.

W. Va. Code §15-10-5: Federal officer's peace-keeping authority.

This new section provides authority to federal officers to enforce the laws of the state when requested to do so in writing, in emergency situations without prior written request, and when a felony is committed in the federal officer's presence.  Federal officers are defined as FBI agents, DEA agents, US Marshals, Postal Inspectors, IRS agents, Secret Service agents, BATF agents, FBI police (Clarksburg fingerprint facility and others), and Park Rangers.

Effective Date: July 2, 2001

ARTICLE 2E. STATE POLICE ACADEMY POST EXCHANGE

W. Va. Code §15-2E-1 et seq.:

This new article authorizes the Superintendent of the West Virginia State Police to operate a post exchange at the State Police Academy for the purpose of selling personal grooming and hygiene products, food and beverages, convenience items, and items bearing the State Police emblem or other insignia that are necessary for training purposes.

Effective Date: July 13, 2001

W. Va. Code §49-5-2: Juvenile jurisdiction of circuit courts; magistrate courts and municipal courts; constitutional guarantees; hearings; evidence and transcripts.

This amended section clarifies that except for res gestae (a spontaneous remark), extrajudicial statements made by a juvenile who has not attained sixteen years of age but who is at least fourteen years of age to law-enforcement officers or while in custody, are not admissible unless made in the presence of the juvenile's counsel or made in the presence of, and with the consent of, the juvenile's parent or custodian, and the parent or custodian has been fully informed regarding the juvenile's right to a prompt detention hearing, the juvenile's right to counsel, including appointed counsel if the juvenile cannot afford counsel, and the juvenile's privilege against self-incrimination.

Effective Date: July 11, 2001

ARTICLE 6. DRIVER EDUCATION.

W.Va. Code §18-6-5: Establishment and maintenance of driver education course; who may enroll; exemption from learn's permit requirement; non-permit student drivers.

This section was amended to allow students who are at least fifteen years of age and who are enrolled in a driver education course to operate a motor vehicle on the roadways of the state without a learner's permit while accompanied by a certified driver education teacher.

Effective Date: June 8, 2000

ARTICLE 6. MISCELLANEOUS PROVISIONS CONCERNING CRIMINAL PROCEDURE.

W.Va. Code §62-6-6a: Disposition of prisoners.

This new section requires all officers and jailors to accept prisoners from any law-enforcement officer and detain them until the prisoner is released by the courts.  A violation is a misdemeanor punishable by a fine of twenty-five to two-hundred dollars and/or up to sixty days in jail.  The section also provides that jailors may refuse to accept prisoners who are in obvious need of medical attention unless the officer presents a written clearance from a physician.

Effective Date: July 13, 2001

ARTICLE 6B.  PROTECTION AND PRESERVATION OF STATEMENTS AND TESTIMONY OF CHILD WITNESS.

W.Va. Code §62-6B-3: Findings of fact required to taking testimony of child witness by close-circuit television; considerations for court.

This new article and section allow for child witnesses to present courtroom testimony via live, closed-circuit television.

W.Va. Code §62-6B-5: Memorialization of statements of certain child witnesses, admissibility; hearing.

This new article and section require that any law-enforcement officer, physician, psychologist, social worker or investigator, in the course of his or her employment or profession or while engaged in an active criminal investigation as a law-enforcement officer or an agent of the prosecuting attorney, who obtains a statement from a child thirteen years of age or younger who is an alleged victim in an investigation or prosecution alleging a violation §61-8B-3, 4, 5 or 7, shall forthwith make a contemporaneous written notation and recitation of the statement received or obtained.  An audio or video recording may be used in lieu of the written statement.  Failure to comply with this section creates a presumption that the statement is inadmissible unless the failure is determined by the court to be in good faith.

Effective Date: July 12, 2001

CHAPTER 62.  CRIMINAL PROCEDURE.

ARTICLE 11A.  RELEASE FOR WORK OR OTHER PURPOSES.

W.Va. Code §62-11A-1a.: Other sentencing alternatives.

This section was amended to authorize magistrate courts to sentence persons convicted of either misdemeanors or felonies to the following programs: weekends in jail, work release, community service, and day reporting centers.

Effective Date: July 1, 2001

ARTICLE 2.  CRIMES AGAINST THE PERSON.

W.Va. Code §61-2-9a: Stalking; harassment; penalties; definitions.

This section was amended to redefine the crime of stalking and provide the following penalties:

(a) Any person who willfully and repeatedly follows and harasses a person with whom he or she has or in the past has had or with whom he or she seeks to establish a personal or social relationship, whether or not the intention is reciprocated, a member of that person's immediate family, his or her current social companion, his or her professional counselor or attorney, is guilty of a misdemeanor and, upon conviction thereof, shall be incarcerated in the county or regional jail for not more than six months or fined not more than one-thousand dollars or both.

(b) Any person who willfully and repeatedly follows and makes a credible threat against a person with whom he or she has or in the past has had or with whom he or she seeks to establish a personal or social relationship, whether or not the intention is reciprocated, a member of that person's immediate family, his or her current social companion, his or her professional counselor or attorney, is guilty of a misdemeanor and, upon conviction thereof, shall be incarcerated in the county or regional jail for not more than six months or fined not more than one-thousand dollars or both.

(c) Any person who repeatedly harasses or repeatedly makes credible threats against a person with whom he or she has or in the past has had or with whom he or she seeks to establish a personal or social relationship, whether or not the intention is reciprocated, a member of that person's immediate family, his or her current social companion, his or her professional counselor or attorney is guilty of a misdemeanor and, upon conviction thereof, shall be incarcerated in the county or regional jail for not more than six months or fined not more than one-thousand dollars or both.

(d) Notwithstanding any provision of this code to the contrary, any person who violates the provisions of subsection (a), (b) or (c) of this section in violation of an order entered by a circuit court, magistrate court or family law master, in effect and entered pursuant to part 48-5-501 et seq. , -art 48-5-601, et seq. or 48-27-403 of this code, is guilty of a misdemeanor and, upon conviction thereof, shall be incarcerated in the county jail for not less than ninety days nor more than one year or fined not less than two-thousand dollars nor more than five-thousand dollars or both.

(e) A second or subsequent conviction for a violation of this section occurring within five years of a prior conviction is a felony punishable by incarceration in a state correctional facility for not less than one nor more than five years or fined not less than three-thousand dollars nor more than ten-thousand dollars, or both.

The definitions for this section remain the same.

Effective Date: July 13, 2001

ARTICLE 2.  CRIMES AGAINST THE PERSON.

W.Va. Code §61-2-28: Domestic violence - Criminal acts.

This section was amended to enhance the penalties related to second and third offense domestic battery and domestic assault.  Second offenses are now misdemeanors punishable by sixty days to one year in jail and/or a fine of up to one-thousand dollars.  Third offenses occurring within ten years of the second offense are now felonies punishable by one to five years in a state correctional facility and/or a fine of up to two-thousand five-hundred dollars.

Effective Date: July 1, 2001

ARTICLE 3.  CRIMES AGAINST PROPERTY.
 
W.Va. Code §61-3-52: Wrongful injuries to timber; criminal penalties.

This section was amended to make a first offense a felony when the value of the timber is more than one-thousand dollars.  This new felony is punishable by one to two years in a state correctional facility and/or a fine equal to three times the value of the timber injured, removed or destroyed.

Effective Date: July 11, 2001

ARTICLE 11.  GENERAL PROVISIONS CONCERNING CRIMES.

W.Va. Code §61-11-22: Pretrial diversion agreements; conditions, drug court programs.

This new section allows a prosecuting attorney to enter into an agreement with a person under investigation or charged with an offense against the State when he or she considers it to be in the interests of justice.  The terms of the agreement would be similar to terms and conditions used for persons on probation, including supervision by the probation officer.  Persons entering into this agreement who have successfully complied with its terms are not subject to prosecution for the underlying offense unless there is a provision included that requires them to plead guilty at the end.

Effective Date: July 1, 2001

 ARTICLE 6.  LOCAL EMERGENCY TELEPHONE SYSTEM.

W. Va. Code §24-6-12: Dispatching of towing services for emergency towing of vehicles; exceptions.

This new section states that every three years, the county commission of each county or the municipality operating an emergency telephone system, shall, in consultation with all public safety units, public agencies and all available towing services registered as common carriers pursuant to the provision of chapter 24A of the code, establish a policy for the most prompt, fair, equitable and effective response to requests or dispatches for emergency towing services.  Further, the public agency procuring towing service is required to maintain a public record of the name of the towing service utilized.

Effective Date: July 12, 2001

W. Va. Code §32C-4-407: Sworn investigator, investigations and subpoenas.

This amended section provides sworn officer status for investigators working for the State Securities Commission.  These officers investigate fraud and theft involving stocks, bonds, etc.

Effective Date: July 12, 2001

ARTICLE 29B.  HEALTH CARE AUTHORITY.

W.Va. Code §16-29B-6a et seq.: Dealing with the Controlled Substances Monitoring Act.

Under these new sections, the West Virginia Health Care Authority is required to maintain a central repository containing information regarding all Schedule II, III and IV prescriptions written in West Virginia.  This information is accessible through the West Virginia Intelligence Exchange which is operated by the State Police.

Effective Date: July 1, 2001

CHAPTER 50.  MAGISTRATE COURTS.

ARTICLE 2. JURISDICTION AND AUTHORITY.

W.Va. Code §50C-2-3a: Sentencing; probation.

This section was amended to allow magistrates to suspend sentences and impose periods of unsupervised probation or periods of supervised participation in community corrections programs for a period not to exceed two years.

Effective Date: July 1, 2001

CHAPTER 20.  NATURAL RESOURCES

ARTICLE 2B.  WILDLIFE ENDOWMENT FUND.

W.Va. Code §20-2B-10: Law-enforcement and sports education stamp.

This section was amended to require that any non-resident hunter, angler or trapper licensed to hunt, fish or trap in this state, in addition to a hunting, fishing or trapping license of Class E, EE, F, G, H or K in the case of a non-resident, shall have a law-enforcement and sports education stamp.

Effective Date: July 13, 2001
 

ARTICLE 2.  WILDLIFE RESOURCES.

W.Va. Code §20-2B-22a: Hunting; tagging and reporting bear; procedures applicable to property destruction by bear; penalties.

This section was amended to make it illegal to possess, sell or buy bear parts except during hunting season.  First offenses are misdemeanors punishable by thirty to one-hundred days in jail and/or a fine of one-thousand to five-thousand dollars.  Second offenses are also misdemeanors punishable by thirty days to one year in jail and/or a fine of two-thousand to seven-thousand dollars, as well as a lifetime suspension of the person's hunting and fishing license.  Third and subsequent offenses are felonies punishable by one to five years in a state correctional facility and/or a fine of five-thousand to ten-thousand dollars.

Effective Date: July 11, 2001
 

W. Va. Code §20-7-26: Unlawful disposal of litter; civil and criminal penalty; litter control fund; evidence; notice violations; litter receptacle placement; penalty; duty to enforce violations.

This section was amended to cover the same issues as §17C-14-14 immediately above.  It also prohibits littering from a boat or airplane.  If the weight of the litter is less than one-hundred pounds or less than twenty-seven cubic feet in size, a violation constitutes a misdemeanor punishable by a fifty to one-thousand dollar fine and/or supervised litter pick-up.  It is also a misdemeanor if the litter is between one and five-hundred pounds or between twenty-seven and two-hundred sixteen cubic feet, however, the penalties are raised to five-hundred to two-thousand dollars and/or supervised litter pick-up.  If the litter is over five-hundred pounds or greater than two-hundred sixteen cubic feet in size, the misdemeanor offense is punishable by a fine of two-thousand five-hundred to twenty-five thousand dollars and/or confinement in jail for up to one year.  Second and subsequent offense of any of these violations is punishable by double the fines and community service.  All law enforcement agencies are required to enforce these provisions within the limits of each agency's statutory authority.

Effective Date: June 26, 2001
 

ARTICLE 2.  WILDLIFE RESOURCES.

W.Va. Code §20-2-43: Class E, Class EE, Class F, and Class H licenses for nonresidents.

This section was amended to eliminate the Class AB combination nonresident hunting, trapping, and fishing license and the Class G nonresident family fishing license.

Effective Date: July 13, 2001

ARTICLE 7.  LAW ENFORCEMENT, MOTORBOATING, LITTER.

W.Va. Code §20-7-11: Motorboats and other terms defined.

This section was amended to add a definition for the term "personal watercraft." A personal watercraft is a small vessel of less than sixteen feet in length which uses an inboard motor powering a water jet pump as its primary source of motive power.

W.Va. Code §20-7-16: Boat liveries.

This section was amended to require owners and operators of boat liveries to provide boating safety orientation to anyone that rents any vessel, including personal watercraft, unless that person holds a valid certificate of boating safety education.  Owners and operators are also prohibited from leasing, hiring or renting personal watercraft to anyone under the age of eighteen years.

W.Va. Code §20-7-18: Care in handling watercraft; duty to render aid after a collision, accident or casualty; accident reports.

This section was amended to prohibit reckless and drunk driving on jet skis.

W.Va. Code §20-7-18a: Negligent homicide; penalties.

This section was amended to prohibit negligent homicides occurring as a result of the reckless operation of a jet ski.

W.Va. Code §20-7-18b: Operating under influence of alcohol, controlled substances or drugs; penalties.

This section was amended to prohibit the operation of a jet ski while under the influence of alcohol, controlled substances or drugs.

W.Va. Code §20-7-18c: Implied consent to test; administration at direction of law-enforcement officer.

This new section states that any person who operates a motorboat, jet ski or other motorized vessel in this state shall be deemed to have given his or her consent by the operation thereof, to a preliminary breath analysis and a secondary chemical test of either his or her blood, breath or urine for the purposes of determining the alcoholic content of his or her blood.

W.Va. Code §20-7-18d: Operation of Personal Watercrafts.

This new section provides the following:

1. No person under the age of fifteen may operate a personal watercraft on the waters of this state.  Persons who have attained the age of twelve can do so if some person eighteen years or older is on the watercraft.

2. All persons onboard or being towed must be wearing a type I, II, III, or V personal flotation device.  Inflatable PFD's aren't allowed.

3. Persons operating a personal watercraft equipped with a lanyard-style cut off device must attach the lanyard to themselves.

4. Personal watercrafts cannot be operated between sunset and sunrise, unless it involves fire rescue, emergency rescue units or law enforcement.

5. Reckless operation of a personal watercraft includes: (1) jumping the wake unreasonably close to the vessel making the wake, (2) becoming airborne or completely leaving the water when crossing the wake of another vessel within one-hundred feet of the vessel making the wake, (3) weaving through congested traffic, (4) operating at a greater than slow or no-wake speed within one-hundred feet of an anchored or moored vessel, shoreline, dock, pier, swim float, marked swim areas, swimmers, surfers, persons engaged in angling or any manually powered vessel, and (5) following too closely.

W.Va. Code §20-7-19a: Towing water skiers and towables.

This new section requires that persons towing other persons have a rear facing observer who is at least twelve years of age.  Also, the total number of passengers and persons being towed cannot exceed the maximum safe load for the vessel.

W.Va. Code §20-7-20a: Personal watercraft operation and towing exemptions.

This new section exempts professional performers engaging in a sanctioned regatta, race, marine parade, tournament, exhibition or water safety demonstration; as well as Coast Guard officials performing official duties from the reckless driving and towing restrictions listed above.

Effective Date: July 13, 2001

ARTICLE 2.  WILDLIFE RESOURCES.

W.Va. Code §20-2-5: Unlawful methods of hunting and fishing and other unlawful acts.

This section was amended to authorize counties to permit hunting on Sunday if they first have an election in order to determine if the voters wish to do so.

Effective Date: July 13, 2001

ARTICLE 9A.  TOBACCO USAGE RESTRICTIONS.

W.Va. Code §16-9A-9: Selling bidis prohibited; penalties.

This new section prohibits the possession, importation, sale, offering for sale or distribution of "bidis" or "beedies." Bidis are defined as a product containing tobacco that is wrapped in temburni leaf or leaves or tendu leaf or leaves, or any other product or substance that is offered to or purchased by consumers as bidis or beedies.  Any violation of this section is a misdemeanor punishable by a fine of up to five-hundred dollars for first offense, and up to six months in jail and/or a one-thousand to five-thousand dollar fine for second or subsequent offenses.

Effective Date: July 13, 2001

ARTICLE 29.  LAW-ENFORCEMENT TRAINING AND CERTIFICATION.

W.Va. Code §30-29-5: Certification requirements.

This section was amended to require law enforcement agencies to notify new employees in writing within thirty days of hire that their application to attend an approved law-enforcement training academy must be received by the academy within ninety days of hire.  If the new employee fails to submit the application within the required time and the agency has failed to provide the notice, then the agency must pay for the costs associated with the employee attending an academy as a private citizen.

Effective Date: July 12, 2001

Posted: 06/01/01