Senate Bill No. 418
(By Senator Facemyer)
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[Introduced February 3, 2004; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact §50-1-14 of the code of West Virginia,
1931, as amended, relating to allowing persons employed by the
sheriff for the sole purpose of serving civil process to carry
deadly weapons.
Be it enacted by the Legislature of West Virginia:
That §50-1-14 of the code of West Virginia, 1931, 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
unless that person is authorized by the sheriff to carry a deadly
weapon, has undergone identical deadly weapon training to that
required of deputies, maintains yearly weapons qualifications and
is bonded through the office of the sheriff: 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 under the provisions of
this section: Provided, however, That these officers maintain
yearly weapons qualifications and are bonded through the office of
the sheriff.
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(NOTE: The purpose of this bill is to allow persons who are
employed within the office of the county sheriff to carry deadly
weapons if authorized to do so by the sheriff, have undergone
sufficient training, maintain yearly qualifications and are bonded through the office of the sheriff.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)