H. B. 4314
(By Delegates Swartzmiller and DeLong)
[Introduced January 30, 2002; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section one-a, article three, chapter
six of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to prohibiting reserve
officers from carrying firearms.
Be it enacted by the Legislature of West Virginia:
That section one-a, article three, chapter six of the code of
West Virginia, one thousand nine hundred thirty-one, 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." No
such reserve shall be A reserve may not be designated or created
without the prior approval of the county commission for the
establishment thereof the reserve.
(b) Each sheriff is authorized to 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 shall not be is
not subject to the provisions of article fourteen, chapter seven of
this code. No member of the reserves shall 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 such the member would directly
benefit.
(c) Members of the reserves shall may not carry weapons
firearms nor serve as law-enforcement officers. Such The reserves
may, however, 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 shall
be limited to crowd control or traffic control and direction within
the county. In addition, such 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 in no case shall any a
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, such the uniforms shall clearly differentiate such these
members from other law-enforcement deputy sheriffs.
(e) After appointment to the reserves but prior to service as
such, each member of the reserves shall receive appropriate
training and instruction in their functions and authority as well
as the limitations of such 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 such the oath shall does not serve to make such 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) No A member of the reserve shall be regarded as 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. No A member of the reserves shall may not receive
any compensation or pay for any services performed as such a member
nor shall such may a member use the designated uniform for any
other similar work performed.
(i) Neither the county commission nor the sheriff shall be 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 such 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 such the
member.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.