West Virginia Code § 7-7-14a

Personal body armor to be provided to deputy sheriffs; standards;
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payment of expenses thereof by county commission.
(a) (1) The sheriff of each county shall provide an item of personal body armor commonly
known as a ballistic resistant vest to each of his or her deputy sheriffs, subject to the
following:
(A) Each of his or her deputy sheriffs who is so employed on July 1, 2013 and who holds a
valid law enforcement certification issued under article twenty-nine, chapter thirty of this
code on that date, shall receive the vest on or within a reasonable time after July 1, 2013;
(B) Each of his or her deputy sheriffs who is so employed on July 1, 2013 and who is
certifiable under the provisions of section five, article twenty-nine, chapter thirty of this code
on that date, but who subsequently meets the requirements for certification under that
section,shall receive the vest on or within a reasonable time after the date he or she is issued
a valid law enforcement certification;
(C) Each of his or her deputy sheriffs who is sso employed on a conditional basis on July 1,
2013 and who is not certified or certifiable under the provisions of section five, article
twenty-nine, chapter thirty of this code on ithat date, but who subsequently meets the
requirements for certification underg that section, shall receive the vest on or within a
reasonable time after the date he or she is issued a valid law enforcement certification;
(D) Each of his or her deputy sheriffs who is so employed after July 1, 2013 and who holds a
valid law enforcement certification issued under article twenty-nine, chapter thirty of this
code on the date of his or her employment, shall receive the vest on or within a reasonable
time after July 1, 2013; or
(E) Each of hiVs or her deputy sheriffs who is so employed after July 1, 2013, and who is
certifiable as described in paragraph (B) of this subdivision on the date of employment, or
who is not certified or certifiable on the date of employment as described in paragraph (C) of
this subdivision on the date of conditional employment, but who subsequently meets the
requirements for certification under section five, article twenty-nine, chapter thirty of this
code, shall receive the vest on or within a reasonable time after the date he or she is issued a
valid law enforcement certification.
(2) (A) A ballistic resistant vest or other personal body armor provided under this section or
otherwise shall meet the minimum performance standards for the ballistic resistance of
personal body armor established by Standards and Testing Program sponsored by the Office
of Science and Technology of the National Institute of Justice (NIJ), Office of Justice
Programs, U.S. Department of Justice on the date the personal body armor is provided.
(B) Notwithstanding any other provision of this section to the contrary, no body armor model
determined to be unsuitable by the National Institute of Justice may be provided to any
deputy sheriff under the provisions of this section.
(3) A sheriff is not required to provide a ballistic resistant vest or other model of personal
body armor under this section to a deputy sheriff where:
(A) The sheriff had provided personal body armor meeting the standards established by this
section prior to the date upon which the sheriff would otherwise be required to provide it
under this section; or
(B) The deputy sheriff owns personal body armor meeting the standards established by this
section on the date upon which the sheriff would otherwise be required to provide personal
body armor under this section and and elects in writing to decline acceptance of the
personal body armor that would be provided under this section.u
(b) The county commission of each county shall expend from the general county fund, upon
request and requisition by the sheriff of the county, the necessary and proper expenses of
providing the personal body armor described in subsecation (a) of this section.
(c) No provision of this section may be construed tol prevent a county commission, in its
discretion, from expending such funds as mays be necessary and proper to provide additional
ballistic resistant vests, ballistic resistance jackets or other models of personal body armor
equipment for the use of the sheriff and hiis or her deputies, nor to in any manner limit a
sheriff from incurring actual and negcessary expenses in the discharge of his or her duties for
any purpose specified under section thirteen of this article.
(d) Each county commission and sheriff is encouraged to seek available federal and other
lawful funds or assistance to defray the expenses incurred under this section.

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