H. B. 4286
(By Delegates Perry, Argento, Swartzmiller,
Long, Canterbury and Paxton)
[Introduced January 31, 2006; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §6-3-1a of the Code of West Virginia,
1931, as amended, relating to giving reserve deputy sheriffs
the authority to carry firearms and to arrest, if properly
certified.
Be it enacted by the Legislature of West Virginia:
That §6-3-1a of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. DEPUTY OFFICERS AND CONSERVATORS OF THE PEACE.
§6-3-1a. Deputy sheriff's reserve; purpose; appointment and
qualifications of members; duties; attire; training;
oath; bond; not employee of sheriff or county
commission for certain purposes; limitation on
liability.
(a) The sheriff of any county may, for the purposes
hereinafter set forth, designate and appoint a deputy sheriffs'
reserve, hereinafter referred to as "reserve" or "reserves." A
reserve may not be designated or created without the prior approval
of the county commission for the establishment of the reserve.
(b) Each sheriff may appoint as members of the reserve bona
fide citizens of the county who are of good moral character and who
have not been convicted of a felony or other crime involving moral
turpitude. Any person so appointed shall serve at the will and
pleasure of the sheriff and is not subject to the provisions of
article fourteen, chapter seven of this code. A member of the
reserve may not engage in any political activity or campaign
involving the office of sheriff or from which activity or campaign
the sheriff or candidates therefor appointing the member would
directly benefit.
(c)
Members of the reserves shall not Reserve members who
currently are or have been certified as law-enforcement officers by
the Governor's Committee on Crime, Delinquency and Corrections may
serve as law-enforcement officers
nor and carry firearms.
Reserve
members who have not been certified as law-enforcement officers by
the Governor's Committee on Crime, Delinquency and Corrections
shall not serve as law-enforcement officers nor carry firearms, but
may carry other weapons, provided that the sheriff certifies in
writing to the county commission that the reserve has met the
special training requirements for the weapon as established by the
Governor's Committee on Crime, Delinquency and Corrections. The
Governor's Committee on Crime, Delinquency and Corrections is
authorized to promulgate legislative rules and emergency rules
pursuant to the provisions of article three, chapter twenty-nine-a
of this code to establish appropriate training standards. The
reserves may be provided with radio communication equipment for the purpose of maintaining contact with the sheriff's department or
other law-enforcement agencies. The duties of
the reserves
not
certified as law-enforcement officers shall be limited to crowd
control or traffic control and direction within the county. In
addition, the reserves may perform such other duties of a nonlaw-
enforcement nature as are designated by the sheriff or by a deputy
sheriff designated and appointed by the sheriff for that purpose:
Provided, That a
noncertified member of the reserves may not aid or
assist any law-enforcement officer in enforcing the statutes and
laws of this state in any labor trouble or dispute between employer
and employee.
(d) Members of the reserves may be uniformed; however, if so
uniformed, the uniforms shall clearly differentiate these members
from other law-enforcement deputy sheriffs.
(e) After appointment to the reserves but prior to service
each member of the reserves shall receive appropriate training and
instruction in their functions and authority as well as the
limitations of authority. In addition, each member of the reserves
shall annually receive in-service training.
(f) Each member of the reserve shall take the same oath as
prescribed by section five, article IV of the Constitution of the
State of West Virginia, but the taking of the oath does not serve
to make the member a public officer.
(g) The county commission of each county shall provide for the
bonding and liability insurance of each member of the reserve.
(h) A member of the reserve is not an employee of either the sheriff or of the county commission for any purpose or purposes,
including, but not limited to, the purposes of workers'
compensation, civil service, unemployment compensation, public
employees retirement, public employees insurance or for any other
purpose. A member of the reserves may not receive any compensation
or pay for any services performed as a member nor may a member use
the designated uniform for any other similar work performed.
(I) Neither the county commission nor the sheriff is liable
for any of the acts of any member of the reserves except in the
case of gross negligence on the part of the county commission or
sheriff in the appointment of the member or in the case of gross
negligence on the part of either the sheriff or any of his or her
deputies in directing any action on the part of the member.
NOTE: The purpose of this bill is to give reserve deputy
sheriffs the authority to carry firearms and to arrest, if properly
certified.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.