ENROLLED
H. B. 2170
(By Delegate Smirl)
[Passed March 11, 1999; in effect ninety days from passage.]
AN ACT to amend article seven, chapter seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new section, designated section
twenty-three, relating to awarding a deputy his or her
service pistol upon retirement subject to certain
conditions.
Be it enacted by the Legislature of West Virginia:
That article seven, chapter seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
twenty-three, to read as follows:
ARTICLE 7. TRAINING PROGRAMS FOR COUNTY EMPLOYEES, ETC.;
COMPENSATION OF ELECTED COUNTY OFFICIALS; COUNTY
ASSISTANTS, DEPUTIES AND EMPLOYEES, THEIR NUMBER AND COMPENSATION.
§7-7-23. Awarding service pistol upon retirement.
(a) Upon the retirement of a deputy from the sheriff's
department, the county commission shall authorize the sheriff to
award to the retiring deputy his or her service pistol upon
determining:
(1) That the retiring deputy is retiring honorably with at
least twenty years of service; or
(2) The retiring deputy is retiring with less than twenty
years of service based upon a determination that the deputy is
totally physically disabled.
(b) Notwithstanding the provisions of subsection (a) of
this section, a sheriff shall not award his or her service pistol
to any retiring deputy medically determined to be mentally
incapacitated or to constitute a danger to self or others.
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