H. B. 2108


(By Delegates Smirl and Heck)
[Introduced January 14, 1998
; referred to the
Committee on Political Subdivisions.]




A BILL 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 revolver 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 revolver upon retirement.
(a) Upon the retirement of a deputy from the sheriff's department, the county commission, upon request by the sheriff, shall authorize the sheriff to award to the retiring deputy his or her service revolver, without charge, upon determining:
(1) That the retiring deputy is retiring honorably with at least twenty years of service; or
(2) Such retiring deputy is retiring with less than twenty years of service based upon a determination that such deputy is totally physically disabled as a result of his or her service with the department.
(b) Notwithstanding the provisions of subsection (a) of this section, the sheriff may not award a service revolver to any deputy whom the sheriff finds to be mentally incapacitated or who constitutes a danger to any person or the community.



NOTE: The purpose of this bill is to award a deputy his or her service revolver upon retirement subject to meeting certain conditions.

This section is new; therefore, strike-throughs and underscoring have been omitted.