H. B. 4041
(By Delegate Mezzatesta)
[Introduced January 15, 2004; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §50-1-14 of the code of West Virginia,
1931, as amended, relating to permitting civil process servers
to carry 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 is 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 is 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 are limited to the service of civil process and the
service of subpoenas and subpoenas duces tecum. Any such The
person shall may 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
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,
That these officers maintain The person may be authorized by the
sheriff to carry a deadly weapon in the performance of his or her
duties under the provisions of this section, if the person
maintains yearly weapons qualifications and are is bonded through
the office of the sheriff.
NOTE: The purpose of this bill is to permit civil process
servers to carry deadly weapons while performing their duties if
they maintain yearly weapons qualifications and are bonded.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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