H. B. 4200

         (By Delegates Howell, Romine, Pasdon,

         Hamrick, Border, Folk, Householder,

         Ireland, Storch, Ferns and Evans, D.)

         [Introduced January 16, 2014; referred to the

         Committee on Political Subdivisions then the Judiciary.]

A BILL to amend and reenact §61-6-19 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §61-7-11b, all relating to possession of concealed deadly weapons in certain buildings owned by the state, its political subdivisions or municipalities; providing that the carrying of a concealed deadly weapon may not be prohibited in a state or municipal building that has adequate security measures; exemptions; providing limited immunity to the state and municipalities; providing definitions; exemptions for certain buildings.

Be it enacted by the Legislature of West Virginia:

    That §61-6-19 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new section, designated §61-7-11b, all to read as follows:

ARTICLE 6. CRIMES AGAINST THE PEACE.

§61-6-19. Willful disruption of governmental processes; offenses occurring at state capitol complex; penalties.

    (a) If any person willfully interrupts or molests the orderly and peaceful process of any department, division, agency or branch of state government or of its political subdivisions, he or she is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100, or imprisoned in the county or regional jail not more than six months, or both fined and imprisoned: Provided, That any assembly in a peaceable, lawful and orderly manner for a redress of grievances shall not be a violation of this section.

    (b) Except as provided in section eleven-b, article seven of this chapter, it is unlawful for any person to bring upon the state Capitol complex any weapon as defined by the provisions of section two, article seven of this chapter. It is unlawful for any person to willfully deface any trees, wall, floor, stairs, ceiling, column, statue, monument, structure, surface, artwork or adornment in the state Capitol complex. It is unlawful for any person or persons to willfully block or otherwise willfully obstruct any public access, stair or elevator in the state capitol complex after being asked by a law-enforcement officer acting in his or her official capacity to desist: Provided, That in order to preserve the constitutional right of the people to assemble, it is not willful blocking or willful obstruction for persons gathered in a group or crowd, if the persons move to the side or part to allow other persons to pass by the group or crowd to gain ingress or egress: Provided, however, That this subsection shall not apply to a law-enforcement officer acting in his or her official capacity.

    Any person who violates any provision of this subsection is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 or confined in the county or regional jail not more than six months, or both.

ARTICLE 7. DANGEROUS WEAPONS.

§61-7-11b. Possession of concealed deadly weapons in state and municipal buildings.

    (a) The carrying of a concealed deadly weapon as authorized by this article may not be prohibited in any state or municipal building unless the building has adequate security measures to ensure that no weapons are permitted to be carried into the building and the building is conspicuously posted.

    (b) Any state or municipal building which contains both public access entrances and restricted access entrances shall provide adequate security measures at the public access entrances in order to prohibit the carrying of any weapons into the building.

    (c) No state agency or municipality may prohibit an employee who is licensed to carry a concealed deadly weapon under the provisions of this article from carrying the concealed deadly weapon at the employee's work place unless the building has adequate security measures and the building is conspicuously posted.

    (d) It is not a violation of this article for a person to carry a concealed deadly weapon into a state or municipal building so long as that person is licensed to carry a concealed deadly weapon pursuant to the provisions of this article and has authority to enter through a restricted access entrance into the building which provides adequate security measures and the building is conspicuously posted.

    (e) A state agency or municipality which provides adequate security measures in a state or municipal building and which conspicuously posts signage prohibiting the carrying of a concealed deadly weapon on the premises of the building, as authorized by this article, is not liable for any wrongful act or omission relating to actions of persons licensed to carry a concealed deadly weapon concerning acts or omissions regarding the concealed deadly weapons.

    (f) A state agency or municipality which does not provide adequate security measures in a state or municipal building and which allows the carrying of a concealed deadly weapon as authorized by this article is not liable for any wrongful act or omission relating to actions of persons licensed to carry a concealed deadly weapon concerning acts or omissions regarding the concealed deadly weapons.

    (g) Subject to provisions of subsection (b), nothing in this section limits the ability of a corrections facility, a jail facility or a law-enforcement agency to prohibit the carrying of a concealed deadly weapon by any person into any building located on the premises.

    (h)(1) The governing body or the chief administrative officer, if no governing body exists, of a state or municipal building, may exempt the building from this section until January 1, 2015, by notifying the Attorney General and the law-enforcement agency of the local jurisdiction by letter of the exemption. Thereafter, the governing body or chief administrative officer may exempt a state or municipal building for a period of four years by adopting a resolution, or drafting a letter, listing the legal description of the building, listing the reasons for the exemption, and including the following statement: "A security plan has been developed for the building being exempted which supplies adequate security to the occupants of the building and merits the prohibition of the carrying of a concealed deadly weapon as authorized by article seven, chapter sixty-one of the code of West Virginia." A copy of the security plan for the building shall be maintained on file and shall be made available, upon request, to the Attorney General and the law-enforcement agency of local jurisdiction. Notice of this exemption, together with the resolution adopted or the letter drafted, shall be sent to the Attorney General and to the law- enforcement agency of local jurisdiction. The security plan is not subject to disclosure under the provisions of chapter twenty-nine-b of this code.

    (2) As used in this section:

    "Adequate security measures" means the use of electronic equipment and personnel at public entrances to detect and restrict the carrying of any weapons into the state or municipal building, including, but not limited to, metal detectors, metal detector wands or any other equipment used for similar purposes to ensure that weapons are not permitted to be carried into the building by members of the public. Adequate security measures for storing and securing lawfully carried weapons, including, but not limited to, the use of gun lockers or other similar storage options shall be provided at public entrances.

    "Municipality" and "municipal" are interchangeable terms and have the same meaning as the term "municipality" is defined in section two, article one, chapter eight of this code.

    "Restricted access entrance" means an entrance that is restricted to the public and requires a key, keycard, code, or similar device to allow entry to authorized personnel.

    "State" means the State of West Virginia and its political subdivisions.

    "State or municipal building" means a building owned or leased by the State of West Virginia and any political subdivision thereof, excluding however, the following:

    (i) Premises of educational facilities in which the possession of a firearm or any other deadly weapon is prohibited pursuant to section eleven-a of this article; or

    (ii) A building owned by the state or any political subdivision thereof or a municipality which is leased by a private entity whether for profit or not for profit or a building held in title by the state or a municipality solely for reasons of revenue bond financing.

    NOTE: The purpose of this bill is to provide that the carrying of a concealed deadly weapon may not be prohibited in a state or municipal building that has adequate security measures; providing limited immunity to the state and municipalities; definitions; exemptions.

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

    Section 61-7-11b is new; therefore, it has been completely underscored.