West Virginia SB 465: Including correctional officers as law-enforcement within WV Fire, EMS, and Law-Enforcement Survivor Benefit Act

Bill Text

SB 465 Text

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Introduced Version

« Senate Bill 465 History

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 Key: Green = existing Code. Red = new code to be enacted

WEST virginia legislature

2021 regular session

Introduced

Senate Bill 465

By Senators Unger, Weld, 
Stollings, and Romano

[Introduced February 26, 2021; 
referred

to the Committee on Government Organization; and then to the Committee on 
Finance] 

A BILL to amend and 
reenact §5H-1-1 of the Code of West Virginia, 1931, as amended, relating to defining 
terms to assure that correctional officers are considered law-enforcement 
officers for the purpose of the West Virginia Fire, EMS, and Law-Enforcement 
Survivor Benefit Act.

Be it enacted by the 
Legislature of West Virginia:

ARTICLE 1. WEST VIRGINIA 
FIRE, AND EMS, and Law-Enforcement Officer SURVIVOR BENEFIT ACT.

§5H-1-1. Title; and 
legislative intent; definitions.

(a) This article is known 
as the “West Virginia Emergency Responders Survivor Benefit Act.

(b) It is the intent of the 
Legislature to provide for the payment of survivor benefits to the surviving 
spouse, designated beneficiary, children, or parents of firefighters, EMS 
personnel, law-enforcement agency personnel, and Division of Forestry personnel 
killed in the performance of their emergency response duties, as detailed in 
this article. 

(c) For the purposes of 
this article, the terms “law-enforcement personnel,” “law-enforcement officer,” 
and “law-enforcement provider” incorporate the definition of “law-enforcement 
officer” contained in §30-29-1 of this code and, notwithstanding §15A-3-10 of 
this code, include all correctional officers employed by the Division of 
Corrections and Rehabilitation.

NOTE: The purpose of this bill is 
to assure that correctional officers are deemed law-enforcement officers for 
the purpose of the West Virginia Fire, EMS and Law-Enforcement Officer Survivor 
Benefit Act.

Strike-throughs indicate language 
that would be stricken from a heading or the present law and underscoring 
indicates new language that would be added.

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