Senate Bill No. 360

(By Senators Laird, Kessler (Mr. President), Barnes, Boley, Carmichael, Green, D. Hall, M. Hall, Jenkins, Miller, Nohe, Yost, Wells, Plymale, Chafin, Palumbo, Fitzsimmons, Williams, McCabe and Cann)


         [Introduced February 25, 2013; referred to the Committee on Government Organization; and then to the Committee on Finance           .]            


A BILL to amend and reenact §7-14-1 of the Code of West Virginia, 1931, as amended, relating to requiring that deputy sheriffs be issued ballistic vests upon law-enforcement certification.
Be it enacted by the Legislature of West Virginia:
    That §17-14-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
§7-14-1. Appointments and promotions of deputy sheriffs.
    Notwithstanding the provisions of article three, chapter six, and article seven, chapter seven of this code, all appointments and promotions of full-time deputy sheriffs shall be made only according to qualifications and fitness to be ascertained by examinations, which, so far as practicable, shall be competitive, as hereinafter provided. On and after the effective date of this article, no person except the chief deputy shall be appointed, promoted, reinstated, removed, discharged, suspended or reduced in rank or pay as a full-time deputy sheriff, as defined in said section two, of any county in the State of West Virginia subject to the provisions hereof, in any manner or by any means other than those prescribed in this article.
    Upon law-enforcement certification, all deputy sheriffs shall be provided necessary equipment by the county commission and the sheriff's office as appropriate to perform his or her duties. The equipment provided shall include, but not be limited to, a ballistic vest which meets the performance standards established by the National Law-Enforcement and Corrections Technology Center of the National Institute of Justice (NIJ) as published in NIJ Standard 0101.03, or any formal revision of this standard.

    NOTE: The purpose of this bill is to ensure deputy sheriffs are issued ballistic vests upon certification as law-enforcement officers.

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