H. B. 2795
(By Delegates Swartzmiller, Stemple,
Varner and Kominar)
[Introduced January 30, 2003; referred to the
Committee on Political Subdivisions then the Judiciary.]
A BILL to amend and reenact section fourteen, article one, chapter
fifty of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to authorizing process
servers under the authority of a county sheriff to carry a
firearm provided they have firearm training approved by the
sheriff.
Be it enacted by the Legislature of West Virginia:
That section fourteen, article one, chapter fifty of the code
of West Virginia, one thousand nine hundred thirty-one, 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 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 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 the service of civil process and the service of
subpoenas and subpoenas duces tecum. Any such person shall 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 or other employees who
have received firearm training approved by the sheriff under the
provisions of this section: Provided, however, That these officers
and employees maintain yearly weapons qualifications and are bonded through the office of the sheriff.
NOTE: The purpose of this bill is to
authorize process
servers under the authority of a county sheriff to carry a firearm
provided they have firearm training approved by the sheriff.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.