WEST VIRGINIA CODE
WVC 15 -
CHAPTER 15. PUBLIC SAFETY.
WVC 15 - 8 -
ARTICLE 8. WEST VIRGINIA SHERIFFS' BUREAU.
WVC 15 - 8 - 1
§15-8-1. Creation; purpose; composition.
For the purpose of providing better law enforcement for our
counties and state and to effectuate better law enforcement on
our highways, there is hereby created the West Virginia sheriffs'
bureau. Said bureau shall be constituted by the governor, as
chairman, the attorney general and five sheriffs of the counties
of West Virginia, to be selected by the governor, each for a term
of two years, commencing July first, one thousand nine hundred
sixty-one; except that three of the first five sheriffs
designated July first, one thousand nine hundred sixty-one, shall
serve terms expiring July first, one thousand nine hundred sixty-
two, at which time new selections for a regular two-year term
shall be made. Any vacancy on the bureau shall be filled for the
remainder of the unexpired term by selection of the governor.
WVC 15 - 8 - 2
§15-8-2. General powers and duties.
The bureau shall have the power to contract and be
contracted with, to recommend cooperative policies for the
coordination of the law-enforcement work of county agencies and
county officials having law-enforcement duties, in seeking to
promote cooperation between all state and local law officers, in
securing efficient and effective law enforcement, in eliminating
duplication of work, and in promoting economy of operation in
such agencies through the central purchase of supplies and
equipment for all local law-enforcement agencies. The bureau is
authorized to accept contributions from counties but it shall
neither solicit nor accept contributions from persons, firms or
corporations.
WVC 15 - 8 - 3
§15-8-3. Executive secretary; clerical and technical personnel.
The bureau shall employ an executive secretary, and such
other clerical and technical personnel as are required, at
salaries to be fixed within available funds by the bureau, to
perform such duties as the bureau may prescribe.
WVC 15 - 8 - 4
§15-8-4. Training of peace officers approved by the bureau.
The bureau may contract or agree with any state university or
college in West Virginia or any other organization for such
university, college or other organization to provide training for
peace officers, which training shall embrace police techniques in
detecting crime, apprehending criminals, securing and preserving
evidence and responding to calls involving family violence. All
law-enforcement officers selected by the various law-enforcement
agencies, if their selection is approved by the bureau, shall
receive such training free with the exception of actual cost of
housing and meals.
The county commissions are authorized to pay the necessary
travel and living expenses of sheriffs and deputies of their
respective counties while receiving training.
WVC 15 - 8 - 5
§15-8-5. Purchase of equipment and supplies; use of facilities of
department of purchases.
The bureau shall be governed by all laws regulating the
purchase of supplies and equipment as other state agencies, and
may enter into contracts with other state agencies. The bureau
may use the facilities of the state department of purchases and
avail itself of the benefits of any general contract held by said
department for the purchase of any equipment or supplies for
state agencies.
All equipment purchased through the bureau shall be in the
name of the bureau and the bureau is authorized to contract with
counties, sheriffs or deputy sheriffs for the return of any
supplies or equipment purchased from funds contributed to the
fund by each such county, sheriff or deputy sheriff upon request.
WVC 15 - 8 - 6
§15-8-6. Standard color for motor vehicles used by sheriffs;
standard badges and uniforms; wearing other than
standard uniform or badge; unauthorized wearing of
official uniforms or badges.
(1) The bureau may by proper rules and regulations adopt a
standard color for use on the motor vehicles used by the various
sheriffs and deputy sheriffs of West Virginia.
(2) For purposes of uniformity the bureau may establish a
standard badge and uniform to be worn by all sheriffs and deputy
sheriffs.
(3) On and after the first day of January, one thousand nine
hundred sixty-five, it shall be unlawful for any sheriff or
deputy sheriff to wear other than the standard uniform and badge
as provided by the preceding paragraph, except when engaged in
undercover work or other similar duties wherein the identity of
the officer should be undisclosed. When so adopted by the bureau
it shall be unlawful for any person other than sheriffs and
deputy sheriffs to wear an official sheriff's badge or uniform as
prescribed by the bureau, or to wear a badge or insignia of such
similarity to the official sheriff's badge as to be
indistinguishable therefrom at a distance of twenty feet:
Provided, That nothing herein shall be construed to prevent
members of any military, fraternal, or similar organization or
any other law-enforcement officer from wearing any insignia
officially adopted or worn prior to the effective date of this
section.
(4) Violation of any of the provisions of this section shall be a misdemeanor and subject to a fine of not more than five
hundred dollars or imprisonment in the county jail not to exceed
six months, or both such fine and imprisonment.
WVC 15 - 8 - 7
§15-8-7. Sheriffs' bureau special fund -- Generally.
The West Virginia sheriffs' bureau is authorized, empowered,
and directed to establish in the state treasury a special fund to
be known as "the West Virginia sheriffs' bureau special fund,"
hereinafter referred to as "the fund." The fund shall be only
for the purpose of purchasing equipment and supplies at the
request of the various sheriffs' departments of the state of West
Virginia, or the counties of the state of West Virginia, and any
balance in the fund at the end of any fiscal year shall remain in
the fund and shall not expire or revert. Payments shall be made
out of the fund upon requisition of the secretary of the bureau
by means of a warrant signed by the auditor and treasurer.
WVC 15 - 8 - 8
§15-8-8. Sheriffs' bureau special fund -- How constituted;
purpose; prerequisite to use.
The fund shall consist of payments made into the fund by any
county of the state of West Virginia, by any sheriff or deputy
sheriff of any county in the state of West Virginia, for the
purchase of equipment or supplies for any county, sheriff or
deputy sheriff in the state of West Virginia:
Provided, however,
That when the use of the fund is requested by a county, sheriff
or deputy sheriff, satisfactory proof must be supplied to and
required by the bureau that such supplies and equipment are to be
used primarily for a public purpose.
WVC 15 - 8 - 9
§15-8-9. Sheriffs' bureau special fund -- Payments from fund.
On proper authorization by the secretary of the bureau and
under proper rules and regulations of the bureau, payments shall
be made from the fund to cover the cost of any supplies or
equipment requested by any county, sheriff or deputy sheriff to
be purchased for said county, sheriff or deputy sheriff by the
bureau:
Provided, however, That the secretary shall not be
authorized to purchase or contract for purchase any supplies or
equipment for any county, sheriff or deputy sheriff until that
county, sheriff or deputy sheriff has a sufficient balance in the
fund to fully cover the cost of such purchase.
WVC 15 - 8 - 10
§15-8-10. Sheriffs' bureau special fund -- Misuse.
It shall be unlawful for any person authorized to purchase
through the fund to use any equipment or supplies primarily for
his personal use and, upon conviction shall be fined not less
than one hundred nor more than five hundred dollars, or
imprisoned in the county jail not exceeding one year, or both, in
the discretion of the court.
WVC 15 - 8 - 11
§15-8-11. Sheriffs' bureau special fund -- Contribution by county
court.
In addition to the provisions of chapter seven, article
seven, section seven of this code, the county court may pay on
requisition of the sheriff of the county, at the first of each
month, a reasonable amount sufficient to cover the cost of
purchase of gasoline necessary to meet the needs of the duties of
the sheriff and deputies of the county.
WVC 15 - 8 - 12
§15-8-12. Sheriffs' bureau special fund -- Tax exemption of
purchases by fund.
Any supplies or equipment purchased by the bureau through
its special fund shall be exempt from any taxes of the state of
West Virginia.
Note: WV Code updated with legislation passed through the 2012 1st Special Session