H. B. 4115
(By Delegates Stalnaker, Mezzatesta and Stemple)
[Introduced January 23, 2004; referred to the
Committee on Political Subdivisions then the Judiciary.]
A BILL to amend and reenact §50-1-14 of the code of West Virginia,
1931, as amended, relating to authorizing civilian process
servers employed by a county sheriff to carry deadly weapons.
Be it enacted by the Legislature of West Virginia:
That §50-1-14 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. COURTS AND OFFICERS.
§50-1-14. Duties of sheriff; service of process; bailiff.
(a) It shall be the duty of each sheriff to execute all civil
and criminal process from any magistrate court which may be
directed to such sheriff. Process shall be served in the same
manner as provided by law for process from circuit courts.
Subject to the supervision of the chief justice of the supreme
court of appeals or of the judge of the circuit court, or the chief
judge thereof if there is more than one judge of the circuit court,
it shall be the duty of the sheriff, or his or her designated
deputy, to serve as bailiff of a magistrate court upon the request of the magistrate. Such service shall also be subject to such
administrative rules as may be promulgated by the supreme court of
appeals. A writ of mandamus shall lie on behalf of a magistrate to
enforce the provisions of this section.
(b) The sheriff of any county may employ, by and with the
consent of the county commission, one or more persons whose sole
duties shall be the service of civil process and the service of
subpoenas and subpoenas duces tecum. Any such person shall not be
considered a deputy or deputy sheriff within the meaning of
subdivision (2), subsection (a), section two, article fourteen,
chapter seven of this code, nor shall any such person be authorized
to carry deadly weapons in the performance of his or her duties:
Provided, That the sheriff may authorize an employee whose sole
duties involve service of civil process to carry a deadly weapon,
if the employee completes all training requirements otherwise
applicable to deputy sheriffs for the use and handling of deadly
weapons: Provided, however, That the sheriff may authorize
previously certified West Virginia law-enforcement officers to
carry a deadly weapon in the performance of the duties of the
officers under the provisions of this section:
Provided, however
further, That these officers
and employees maintain yearly weapons
qualifications and are bonded through the office of the sheriff.
NOTE: The purpose of this bill is to authorize civilian
process servers employed by county sheriffs to carry deadly
weapons. As a prerequisite to carrying a deadly weapon, these
employees would be required to complete training requirements
concerning the use of deadly weapons applicable to deputy sheriffs.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
Email
Webmaster | © 2024 West Virginia Legislature **
