HB2717 HFIN FBM 3-21
HOUSE COMMITTEE ON FINANCE
FLOOR BOOK MEMO
COM. SUB. FOR HOUSE BILL 2717 (BALLISTIC RESISTANT VESTS
FOR DEPUTIES)
Sponsors:Delegates Ashley, Skaff, Raines, Swartzmiller, Ferns, Reynolds,
Stowers, White, Miley and Walker
Attorney:McO / Assistant:
Date: March 22, 2013
Title: OK
Fiscal Note: Yes
Code: §7-7-14a (new)
Purpose: The bill would require that "[u]pon law-enforcement certification," deputy
sheriffs must be provided "necessary equipment . . . to perform his or her duties"
including a "ballistic vest" which meets certain performance standards established by
the National Institute of Justice (NIJ).
COMMITTEE ACTION: A Committee Substitute was reported to make
non-substantive technical cleanup and clarifying corrections, as well as revisions that
include concepts from both the bill as introduced and as amended by the Committee
on the Judiciary to more specifically:
1. Require each Sheriff to provide a ballistic resistant vest that meets minimum
federal National Institute of Justice protections standards to each of his or her deputy
sheriffs that are certified as law enforcement officers under WVC §30-29-5. Only
one vest is required, but this requirement may not be interpreted to prevent county
commissions from providing additional ballistic resistant vests, ballistic resistance
jackets or other models of personal body armor equipment for their deputy sheriffs.
2. Commence this requirement July 1, 2013, for those who are certified and
employed on that date, and thereafter, depending on their status, as deputy sheriffs become certified.
3. Exempt
a sheriff from this requirement if he or she had already provided a
qualified vest before the deputy sheriff's eligibility date, or if the deputy sheriff has
his or her own personal body armor and declines the new vest in writing.
4. Require the county commission of each county to "expend from the general
county fund, upon request and requisition by the sheriff of the county, the necessary
and proper expenses of providing the personal body armor."
5. Encourage county commissions and sheriffs to seek available federal and
other lawful funds or assistance to defray the costs of the body armor.
Effective Date: July 1, 2013