Be it enacted by the General Assembly of Virginia:

1. That § 19.2-63.1 of the Code of Virginia is amended and reenacted as follows:

§ 19.2-63.1. Supervision and control of devices; unauthorized possession.

Any electronic, mechanical or other device as defined in this chapter which is in the possession of any sheriff's office or police department of a county, city or town, or in the possession of any employee of such office, shall be under the direct control and supervision of the sheriff or chief of police of the office or department or his designee who is an employee of the office or department. Unauthorized possession of any such device under the provisions of this section by any such employee is unlawful, notwithstanding the provisions of subdivision B 2 of § 19.2-63, and a Class 1 misdemeanor.