H. B. 2692


(By Delegate Browning)
[Introduced March 24, 1993; referred to the
Committee on the Judiciary then Finance.]




A BILL to amend and reenact section five, article three, chapter fifty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to courts; creating court bailiffs to replace sheriffs as attending officers by the first day of January, one thousand nine hundred ninety- four; providing that the court bailiff be hired and supervised by the circuit court; and requiring court bailiffs to be certified as law-enforcement officers.

Be it enacted by the Legislature of West Virginia:
That section five, article three, chapter fifty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 3. COURTS IN GENERAL.

§51-3-5. Attending officer.

The supreme court of appeals shall not be attended by any sheriff, but every circuit court, county court commission, and other court of record of any county shall be attended by thesheriff of the county in which it is held, who shall act as the officer thereof through the thirty-first day of December, one thousand nine hundred ninety-three.
There is hereby created an attending officer to be known as the court bailiff, who on and after the first day of January, one thousand nine hundred ninety-four, shall attend every circuit court, county commission and other court of record of any county. The court bailiff shall be hired, supervised and paid by the circuit court and shall be certified as a law-enforcement officer as provided in article twenty-nine, chapter thirty of this code:
Provided, That those deputy sheriffs who are currently serving as bailiff for the court shall be transferred to the new position.



NOTE: The purpose of this bill is to replace sheriffs, or their deputies, as attending officers in courts of record and to replace them with court bailiffs by the first day of January, one thousand nine hundred ninety-four. The court bailiffs are to be hired and supervised by the circuit courts and must be certified 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.