Bill Text: VA HB2369 | 2015 | Regular Session | Introduced
Bill Title: Conservators of the peace, special; orders of appointment.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2015-03-26 - Governor: Acts of Assembly Chapter text (CHAP0602) [HB2369 Detail]
Download: Virginia-2015-HB2369-Introduced.html
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15103493D Be it enacted by the General Assembly of Virginia: 1. That §§ 9.1-138, 9.1-150.2, 9.1-150.3, 16.1-253.4, 18.2-60.3, 18.2-463, 19.2-13, 19.2-77, 19.2-82.1, 23-232.1, 23-234, and 63.2-1509 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Article 1 of Chapter 2 of Title 2.2 a section numbered 2.2-202.1 and by adding a section numbered 15.2-1701.1 as follows: §2.2-202.1. Police forces of the Commonwealth. A. Each of the Governor's Secretaries may, with the written approval of the Governor, establish one or more police forces of the Commonwealth to secure property or the peace upon the grounds and buildings of public property under the cognizance of such Secretary. B. Agencies of the Commonwealth authorized to enforce particular parts of Virginia law across the Commonwealth shall be authorized by specific statute describing the authority and powers of the agency and its officers. C. Police forces authorized by specific statute as of July 1, 2014, for any Commonwealth authority, commission, or department, or for other police forces of the Commonwealth, including public campus police departments and the Capitol Police, shall continue to be authorized in accordance with applicable statutes. Other existing police forces of the Commonwealth intended to secure property or the peace on grounds and buildings of the Commonwealth and not specifically authorized by statute as of July 1, 2014, shall be organized under the authority granted within this section. D. Except as otherwise provided by law, officers who conduct general policing and law-enforcement activities in performance of their duties to secure property or the peace for grounds and buildings of the Commonwealth, as established under this section, and any supervisory personnel who oversee such officers, shall maintain current registration and appointment as a special conservator of the peace pursuant to §19.2-13. E. Police forces of the Commonwealth that use the title "police department" shall meet all the applicable requirements established by the Department of Criminal Justice Services pursuant to Chapter 1 (§9.1-100 et seq.) of Title 9.1 for certified police departments. F. Unless otherwise provided by law, the jurisdiction of a police force of the Commonwealth established under this section shall be limited to the specific property controlled by the Commonwealth authority, commission, or department, and, when a mutual aid agreement, as hereby authorized, pursuant to §15.2-1726 between such police force and the governing body of the locality has been established, for contiguous areas within the locality in which said property is located. G. Unless otherwise provided by law, the jurisdiction of police forces authorized by a locality pursuant to subsection B of § 15.2-1701.1 shall not be diminished or otherwise limited by the existence of police forces of the Commonwealth established under this section, or otherwise, and no mutual aid agreement, memorandum of understanding, or authorization for concurrent jurisdiction shall be required for the authorized police forces of a locality to enforce the laws of the Commonwealth or local ordinances on property of the Commonwealth. §9.1-138. Definitions. In addition to the definitions set forth in §9.1-101, as used in this article, unless the context requires a different meaning: "Alarm respondent" means an individual who responds to the signal of an alarm for the purpose of detecting an intrusion of the home, business or property of the end user. "Armed" means a private security registrant who carries or has immediate access to a firearm in the performance of his duties. "Armed security officer" means a natural person employed to (i) safeguard and protect persons and property or (ii) deter theft, loss, or concealment of any tangible or intangible personal property on the premises he is contracted to protect, and who carries or has access to a firearm in the performance of his duties. "Armored car personnel" means persons who transport or offer to transport under armed security from one place to another, money, negotiable instruments or other valuables in a specially equipped motor vehicle with a high degree of security and certainty of delivery. "Business advertising material" means display advertisements in telephone directories, letterhead, business cards, local newspaper advertising and contracts. "Central station dispatcher" means an individual who monitors burglar alarm signal devices, burglar alarms or any other electrical, mechanical or electronic device used (i) to prevent or detect burglary, theft, shoplifting, pilferage or similar losses; (ii) to prevent or detect intrusion; or (iii) primarily to summon aid for other emergencies. "Certification" means the method of regulation indicating that qualified persons have met the minimum requirements as private security services training schools, private security services instructors, compliance agents, or certified detector canine handler examiners. "Compliance agent" means an individual who owns or is employed by a licensed private security services business to ensure the compliance of the private security services business with this title. "Computer or digital forensic services" means the use of highly specialized expertise for the recovery, authentication, and analysis of electronic data or computer usage. "Courier" means any armed person who transports or offers to transport from one place to another documents or other papers, negotiable or nonnegotiable instruments, or other small items of value that require expeditious services. "Detector canine" means any dog that detects drugs or explosives. "Detector canine handler" means any individual who uses a detector canine in the performance of private security duties. "Detector canine handler examiner" means any individual who examines the proficiency and reliability of detector canines and detector canine handlers in the detection of drugs or explosives. "Detector canine team" means the detector canine handler and his detector canine performing private security duties. "Electronic security business" means any person who engages in the business of or undertakes to (i) install, service, maintain, design or consult in the design of any electronic security equipment to an end user; (ii) respond to or cause a response to electronic security equipment for an end user; or (iii) have access to confidential information concerning the design, extent, status, password, contact list, or location of an end user's electronic security equipment. "Electronic security employee" means an individual who is employed by an electronic security business in any capacity which may give him access to information concerning the design, extent, status, password, contact list, or location of an end user's electronic security equipment. "Electronic security equipment" means (i) electronic or mechanical alarm signaling devices including burglar alarms or holdup alarms used to safeguard and protect persons and property; or (ii) cameras used to detect intrusions, concealment or theft, to safeguard and protect persons and property. This shall not include tags, labels, and other devices that are attached or affixed to items offered for sale, library books, and other protected articles as part of an electronic article surveillance and theft detection and deterrence system. "Electronic security sales representative" means an individual who sells electronic security equipment on behalf of an electronic security business to the end user. "Electronic security technician" means an individual who installs, services, maintains or repairs electronic security equipment. "Electronic security technician's assistant" means an individual who works as a laborer under the supervision of the electronic security technician in the course of his normal duties, but who may not make connections to any electronic security equipment. "Employed" means to be in an employer/employee relationship where the employee is providing work in exchange for compensation and the employer directly controls the employee's conduct and pays some taxes on behalf of the employee. The term "employed" shall not be construed to include independent contractors. "End user" means any person who purchases or leases electronic security equipment for use in that person's home or business. "Firearms training verification" means the verification of successful completion of either initial or retraining requirements for handgun or shotgun training, or both. "General public" means individuals who have access to areas open to all and not restricted to any particular class of the community. "Key cutting" means making duplicate keys from an existing key and includes no other locksmith services. "License number" means the official number issued to a private security services business licensed by the Department. "Locksmith" means any individual that performs locksmith services, or advertises or represents to the general public that the individual is a locksmith even if the specific term locksmith is substituted with any other term by which a reasonable person could construe that the individual possesses special skills relating to locks or locking devices, including use of the words lock technician, lockman, safe technician, safeman, boxman, unlocking technician, lock installer, lock opener, physical security technician or similar descriptions. "Locksmith services" mean selling, servicing, rebuilding, repairing, rekeying, repinning, changing the combination to an electronic or mechanical locking device; programming either keys to a device or the device to accept electronic controlled keys; originating keys for locks or copying keys; adjusting or installing locks or deadbolts, mechanical or electronic locking devices, egress control devices, safes, and vaults; opening, defeating or bypassing locks or latching mechanisms in a manner other than intended by the manufacturer; with or without compensation for the general public or on property not his own nor under his own control or authority. "Natural person" means an individual person. "Personal protection specialist" means any individual who engages in the duties of providing close protection from bodily harm to any person. "Private investigator" means any individual who engages in the business of, or accepts employment to make, investigations to obtain information on (i) crimes or civil wrongs; (ii) the location, disposition, or recovery of stolen property; (iii) the cause of accidents, fires, damages, or injuries to persons or to property; or (iv) evidence to be used before any court, board, officer, or investigative committee. "Private investigator" does not include a special conservator of the peace appointed pursuant to §19.2-13 while engaged in his official duties. "Private security services business" means any
person engaged in the business of providing, or who undertakes to provide, the services of alarm respondents, armed couriers, armored
car personnel, "Private security services instructor" means any individual certified by the Department to provide mandated instruction in private security subjects for a certified private security services training school. "Private security services registrant" means any qualified individual who has met the requirements under this article to perform the duties of alarm respondent, locksmith, armored car personnel, central station dispatcher, courier, electronic security sales representative, electronic security technician, electronic security technician's assistant, personal protection specialist, private investigator, security canine handler, detector canine handler, unarmed security officer or armed security officer. "Private security services training school" means any person certified by the Department to provide instruction in private security subjects for the training of private security services business personnel in accordance with this article. "Registration" means a method of regulation whereby certain personnel employed by a private security services business are required to register with the Department pursuant to this article. "Registration category" means any one of the following categories: (i) unarmed security officer and armed security officer/courier, (ii) security canine handler, (iii) armored car personnel, (iv) private investigator, (v) personal protection specialist, (vi) alarm respondent, (vii) central station dispatcher, (viii) electronic security sales representative, (ix) electronic security technician, (x) electronic technician's assistant, (xi) detector canine handler, or (xii) locksmith. "Security canine" means a dog that has attended, completed, and been certified as a security canine by a certified security canine handler instructor in accordance with approved Department procedures and certification guidelines. "Security canines" shall not include detector dogs. "Security canine handler" means any individual who utilizes his security canine in the performance of private security duties. "Security canine team" means the security canine handler and his security canine performing private security duties. "Special conservator of the peace" means any person appointed pursuant to §19.2-13 who performs duties as permitted by his order of appointment pursuant to §19.2-13. "Supervisor" means any individual who directly or indirectly supervises registered or certified private security services business personnel. "Unarmed security officer" means a natural person who performs the functions of observation, detection, reporting, or notification of appropriate authorities or designated agents regarding persons or property on the premises he is contracted to protect, and who does not carry or have access to a firearm in the performance of his duties. §9.1-150.2. Powers of Criminal Justice Services Board relating to special conservators of the peace appointed pursuant to §19.2-13. The Board §9.1-150.3. Powers of Department of Criminal Justice Services relating to special conservators of the peace appointed pursuant to §19.2-13. A. In addition to the powers otherwise conferred upon it by
law, the Department may, in
accordance with its regulations, (i) charge each applicant
for registration a nonrefundable fee as established by the Board to cover the
costs of the Department for processing an application for registration, and
enforcement of the regulations, and other costs associated with the maintenance
of the program of regulation; (ii) charge nonrefundable fees for private
security services or special conservator of
the peace training as established by the
Board for processing school certifications and enforcement of training
standards; and (iii) B. The Director or his designee may make an ex parte application to the circuit court for the city or county wherein evidence sought is kept or wherein a licensee does business for the issuance of a subpoena duces tecum in furtherance of the investigation of a sworn complaint within the jurisdiction of the Department or the Board to request production of any relevant records, documents and physical or other evidence of any person, partnership, association or corporation licensed or regulated by the Department pursuant to this article. The court may issue and compel compliance with such a subpoena upon a showing of reasonable cause. Upon determining that reasonable cause exists to believe that evidence may be destroyed or altered, the court may issue a subpoena duces tecum requiring the immediate production of evidence. Costs of the investigation and adjudication of violations of this article or Board regulations may be recovered. All costs recovered shall be deposited into the state treasury to the credit of the Conservators of the Peace Regulatory Fund. Such proceedings shall be brought in the name of the Commonwealth by the Department in the circuit court of the city or county in which the unlawful act occurred or in which the defendant resides. The Director, or agents appointed by him, shall have the authority to administer oaths or affirmations for the purpose of receiving complaints and conducting investigations of violations of this article, or any regulation promulgated hereunder and to serve process issued by the Department or the Board. §15.2-1701.1. Establishment of private police departments. A. For purposes of this section, "private police department" means any private entity, being any group of individuals, firm, company, corporation, partnership, business, trust, association, or other private legal entity, or a subordinate organization to such an entity, authorized by ordinance to provide private policing services pursuant to this section. B. Any locality may, by ordinance, authorize the formation of one or more private police departments to provide private policing upon real property owned or leased by a private entity and for other contiguous areas within specific geographic limitations not extending beyond the political boundaries of the locality, as specified within the ordinance, provided that such private police departments and those employed or otherwise utilized by them to perform general private policing and law-enforcement functions shall be subject to and comply in their duties with the United States Constitution and the Constitution of Virginia, and be currently certified by the Department of Criminal Justice Services to be in compliance with the provisions of §§ 9.1-130, 9.1-600, 15.2-1705, 15.2-1706, 15.2-1718, 15.2-1718.1, and 15.2-1722. The Department of Criminal Justice Services shall adopt regulations for the certification of private police departments and, upon application, provide such certification prior to the passage of such an ordinance. Officers who conduct private policing and law-enforcement activities for any private police department and any supervisory personnel who oversee such officers shall maintain current registration and appointment as a special conservator of the peace appointed pursuant to §19.2-13 in addition to other requirements that may be placed upon them by law. C. Training exemptions allowed under §9.1-116 shall not apply to personnel employed or otherwise utilized to perform private policing and law-enforcement functions under this section. D. Any private police department established by ordinance pursuant to this section shall be required to maintain liability insurance or self-insurance in a reasonable minimum amount and with coverage as required by the locality in the ordinance authorizing the formation of the private police department not to be less than the coverage required for private security services businesses under §9.1-144 or to exceed that coverage required of other police forces authorized by the locality or as otherwise required by law. Authorization by a locality for the formation of a private police department shall not constitute a waiver of sovereign immunity on the part of the Commonwealth or the locality and shall not incur liability on the part of either for the acts or omissions of any private police department so authorized. E. A locality shall not replace or subordinate any authorized police forces empowered by the locality within its political boundaries pursuant to § 15.2-1701, or the chief law-enforcement officer thereof, and shall not relieve a public police department of primary law-enforcement responsibility for the locality with a private police department or any private police personnel. F. A private police department shall not relieve a sheriff's office of primary law-enforcement responsibility, and, as such, formation of a private police department shall not be subject to §15.2-1702 or 15.2-1703. G. The governing body of a locality, with the agreement of a private police department authorized by this section, may include participation of such private police department in a mutual aid agreement made by the locality pursuant to §15.2-1726. H. No locality shall be eligible to receive state funds under §9.1-168 or 9.1-169, or otherwise, for the authorization, establishment, or existence of private police departments. I. The Superintendent of State Police and the chief law-enforcement officer of a locality shall exercise discretion to provide private police departments with access to law-enforcement-sensitive intelligence information controlled by government sources but only in accordance with the laws of the United States and the laws of the Commonwealth. J. Employment or other utilization of personnel by private police departments authorized under this section does not, by itself, make such a person an employee of the Commonwealth or any locality within the meaning of the Virginia Workers' Compensation Act (§65.2-100 et seq.), or make such a person eligible for benefits under the Virginia Retirement System, or make the Line of Duty Act (§ 9.1-400 et seq.) applicable to such a person unless otherwise specified by the laws of the Commonwealth. K. Private police departments authorized under this section may be authorized by the locality, by ordinance, for restitution of reasonable expenses pursuant to §§ 15.2-1716, 15.2-1716.1, and 15.2-1716.2. L. No private police department authorized under this section shall be empowered to act pursuant to §15.2-1719 or 15.2-1721. Unclaimed personal property or firearms as described in § 15.2-1719 or 15.2-1721 obtained by a private police department shall be delivered to, or retrieved by, the chief law-enforcement officer within the locality for disposal under the laws of the Commonwealth. M. No private police department shall conduct asset forfeiture seizures, except for the taking of private property that is necessary to secure evidence of alleged criminal activity for lawful investigation and future prosecution, and no private police department shall receive monies held or disbursed by the Commonwealth, any of its political subdivisions, authorities, commissions, or departments under any asset forfeiture or seizure program or through any other diversion and disbursement of such funds held by the Commonwealth. N. Authorization for the formation of private police departments shall not include authority for a private police department to establish or maintain auxiliary police forces pursuant to §15.2-1731 or otherwise. O. Private police departments authorized under this section, including those officers employed or otherwise utilized by such a private police department to provide private policing and conduct law-enforcement activities, shall not be authorized under the color of authority granted within this section to conduct private policing services, private security services business, or off-duty policing services for third parties either private or public. This section does not prohibit uncompensated mutual aid pursuant to a mutual aid agreement or memorandum of understanding between a locality and a private police department, and this section does not prohibit the separate operation of licensed private security services business activities under the laws of the Commonwealth. P. No private police departments authorized under this section shall be exclusively eligible to receive public funding or the benefit of other public resources except where the same public funding and public resources are also made available to other qualified private entities conducting security and private policing functions for public benefit within the same jurisdiction of the Commonwealth. Nothing in this section shall prevent the collection of service fees, usage fees, or subscription fees by governmental entities in return for services to such private entities in accordance with a published fee schedule and the laws of the Commonwealth. Q. This section shall not prohibit the private operation of a criminal justice agency, as defined in §9.1-101, or the employment or other utilization, in limited policing and law-enforcement roles, of special conservators of the peace appointed pursuant to §19.2-13, by private or public police departments, and this section does not apply to police departments authorized and organized under Chapter 17 (§23-232 et seq.) of Title 23 or to railroad police departments or to other police departments authorized under the laws of the United States. R. Effective September 1, 2015, any private entity that provides security services or private policing services shall be prohibited from using, as part of any business, "doing business as," or organizational name in the Commonwealth of Virginia, the words "police," "police department," "sheriff," "sheriff's department," or using any other such business or organizational name that is substantially the same as those in use by any federal law-enforcement entity or by any law-enforcement entity of the Commonwealth, or its political subdivisions, authorities, commissions, or departments, except that the governing body of a locality may, by ordinance, authorize a private police department within the locality's jurisdiction and authorized pursuant to this section to use the words "police" or "police department" within such a business or organizational name. S. References within the laws of the Commonwealth, or within local ordinances, to a police department or police forces shall not apply to or indicate the inclusion of a private police department unless specified as such. T. The jurisdiction of police forces authorized by a locality shall not be diminished or otherwise limited by any authorization for the formation of a private police department, and no mutual aid agreement, memorandum of understanding, or authorization for concurrent jurisdiction shall be required for the authorized police forces of a locality to enforce the laws of the Commonwealth or local ordinances on private property where allowed by law. §16.1-253.4. Emergency protective orders authorized in certain cases; penalty. A. Any judge of a circuit court, general district court, juvenile and domestic relations district court or magistrate may issue a written or oral ex parte emergency protective order pursuant to this section in order to protect the health or safety of any person. B. When a law-enforcement officer or an allegedly abused person asserts under oath to a judge or magistrate, and on that assertion or other evidence the judge or magistrate (i) finds that a warrant for a violation of §18.2-57.2 has been issued or issues a warrant for violation of §18.2-57.2 and finds that there is probable danger of further acts of family abuse against a family or household member by the respondent or (ii) finds that reasonable grounds exist to believe that the respondent has committed family abuse and there is probable danger of a further such offense against a family or household member by the respondent, the judge or magistrate shall issue an ex parte emergency protective order, except if the respondent is a minor, an emergency protective order shall not be required, imposing one or more of the following conditions on the respondent: 1. Prohibiting acts of family abuse or criminal offenses that result in injury to person or property; 2. Prohibiting such contacts by the respondent with the allegedly abused person or family or household members of the allegedly abused person as the judge or magistrate deems necessary to protect the safety of such persons; 3. Granting the family or household member possession of the premises occupied by the parties to the exclusion of the respondent; however, no such grant of possession shall affect title to any real or personal property; and 4. Granting the petitioner the possession of any companion animal as defined in §3.2-6500 if such petitioner meets the definition of owner in §3.2-6500. When the judge or magistrate considers the issuance of an emergency protective order pursuant to clause (i), he shall presume that there is probable danger of further acts of family abuse against a family or household member by the respondent unless the presumption is rebutted by the allegedly abused person. C. An emergency protective order issued pursuant to this section shall expire at 11:59 p.m. on the third day following issuance. If the expiration occurs on a day that the court is not in session, the emergency protective order shall be extended until 11:59 p.m. on the next day that the juvenile and domestic relations district court is in session. When issuing an emergency protective order under this section, the judge or magistrate shall provide the protected person or the law-enforcement officer seeking the emergency protective order with the form for use in filing petitions pursuant to §16.1-253.1 and written information regarding protective orders that shall include the telephone numbers of domestic violence agencies and legal referral sources on a form prepared by the Supreme Court. If these forms are provided to a law-enforcement officer, the officer may provide these forms to the protected person when giving the emergency protective order to the protected person. The respondent may at any time file a motion with the court requesting a hearing to dissolve or modify the order issued hereunder. The hearing on the motion shall be given precedence on the docket of the court. D. A law-enforcement officer may request an emergency protective order pursuant to this section and, if the person in need of protection is physically or mentally incapable of filing a petition pursuant to §16.1-253.1 or 16.1-279.1, may request the extension of an emergency protective order for an additional period of time not to exceed three days after expiration of the original order. The request for an emergency protective order or extension of an order may be made orally, in person or by electronic means, and the judge of a circuit court, general district court, or juvenile and domestic relations district court or a magistrate may issue an oral emergency protective order. An oral emergency protective order issued pursuant to this section shall be reduced to writing, by the law-enforcement officer requesting the order or the magistrate on a preprinted form approved and provided by the Supreme Court of Virginia. The completed form shall include a statement of the grounds for the order asserted by the officer or the allegedly abused person. E. The court or magistrate shall forthwith, but in all cases no later than the end of the business day on which the order was issued, enter and transfer electronically to the Virginia Criminal Information Network the respondent's identifying information and the name, date of birth, sex, and race of each protected person provided to the court or magistrate. A copy of an emergency protective order issued pursuant to this section containing any such identifying information shall be forwarded forthwith to the primary law-enforcement agency responsible for service and entry of protective orders. Upon receipt of the order by the primary law-enforcement agency, the agency shall forthwith verify and enter any modification as necessary to the identifying information and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network established and maintained by the Department pursuant to Chapter 2 (§52-12 et seq.) of Title 52 and the order shall be served forthwith upon the respondent and due return made to the court. However, if the order is issued by the circuit court, the clerk of the circuit court shall forthwith forward an attested copy of the order containing the respondent's identifying information and the name, date of birth, sex, and race of each protected person provided to the court to the primary law-enforcement agency providing service and entry of protective orders and upon receipt of the order, the primary law-enforcement agency shall enter the name of the person subject to the order and other appropriate information required by the Department of State Police into the Virginia Criminal Network established and maintained by the Department pursuant to Chapter 2 (§52-12 et seq.) of Title 52 and the order shall be served forthwith on the respondent. Upon service, the agency making service shall enter the date and time of service and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network and make due return to the court. One copy of the order shall be given to the allegedly abused person when it is issued, and one copy shall be filed with the written report required by subsection D of §19.2-81.3. The judge or magistrate who issues an oral order pursuant to an electronic request by a law-enforcement officer shall verify the written order to determine whether the officer who reduced it to writing accurately transcribed the contents of the oral order. The original copy shall be filed with the clerk of the juvenile and domestic relations district court within five business days of the issuance of the order. If the order is later dissolved or modified, a copy of the dissolution or modification order shall also be attested, forwarded forthwith to the primary law-enforcement agency responsible for service and entry of protective orders, and upon receipt of the order by the primary law-enforcement agency, the agency shall forthwith verify and enter any modification as necessary to the identifying information and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network as described above and the order shall be served forthwith and due return made to the court. Upon request, the clerk shall provide the allegedly abused person with information regarding the date and time of service. F. The availability of an emergency protective order shall not be affected by the fact that the family or household member left the premises to avoid the danger of family abuse by the respondent. G. The issuance of an emergency protective order shall not be considered evidence of any wrongdoing by the respondent. H. As used in this section, "law-enforcement officer" means (i) any full-time or part-time employee of a police department or sheriff's office which is part of or administered by the Commonwealth or any political subdivision thereof and who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic, or highway laws of the Commonwealth; (ii) any member of an auxiliary police force established pursuant to §15.2-1731; and (iii) any special conservator of the peace who meets the certification requirements for a law-enforcement officer as set forth in §15.2-1706 or has been authorized to petition the court to request an emergency custody order under this section pursuant to subdivision J 1 b of §19.2-13. Part-time employees are compensated officers who are not full-time employees as defined by the employing police department or sheriff's office. I. Neither a law-enforcement agency, the attorney for the Commonwealth, a court nor the clerk's office, nor any employee of them, may disclose, except among themselves, the residential address, telephone number, or place of employment of the person protected by the order or that of the family of such person, except to the extent that disclosure is (i) required by law or the Rules of the Supreme Court, (ii) necessary for law-enforcement purposes, or (iii) permitted by the court for good cause. J. As used in this section, "copy" includes a facsimile copy. K. No fee shall be charged for filing or serving any petition or order pursuant to this section. L. Except as provided in §16.1-253.2, a violation of a protective order issued under this section shall constitute contempt of court. §18.2-60.3. Stalking; penalty. A. Any person, except a law-enforcement officer B. Any person who is convicted of a second offense of subsection A occurring within five years of a prior conviction of such an offense when the person was also convicted within the five-year period prior to the instant offense of a violation of (i) §18.2-51, 18.2-51.2, 18.2-51.6, 18.2-52, or 18.2-57 and the victim of that crime was the same person who is the victim of the stalking activity in the instant conviction, (ii) §18.2-57.2, or (iii) a protective order, is guilty of a Class 6 felony. C. Any person convicted of a third or subsequent conviction of subsection A occurring within five years of a conviction for an offense under this section or for a similar offense under the law of any other jurisdiction is guilty of a Class 6 felony. D. A person may be convicted under this section irrespective of the jurisdiction or jurisdictions within the Commonwealth wherein the conduct described in subsection A occurred, if the person engaged in that conduct on at least one occasion in the jurisdiction where the person is tried. Evidence of any such conduct that occurred outside the Commonwealth may be admissible, if relevant, in any prosecution under this section provided that the prosecution is based upon conduct occurring within the Commonwealth. E. Upon finding a person guilty under this section, the court shall, in addition to the sentence imposed, issue an order prohibiting contact between the defendant and the victim or the victim's family or household member. F. The Department of Corrections, sheriff or regional jail director shall give notice prior to the release from a state correctional facility or a local or regional jail of any person incarcerated upon conviction of a violation of this section, to any victim of the offense who, in writing, requests notice, or to any person designated in writing by the victim. The notice shall be given at least 15 days prior to release of a person sentenced to a term of incarceration of more than 30 days or, if the person was sentenced to a term of incarceration of at least 48 hours but no more than 30 days, 24 hours prior to release. If the person escapes, notice shall be given as soon as practicable following the escape. The victim shall keep the Department of Corrections, sheriff or regional jail director informed of the current mailing address and telephone number of the person named in the writing submitted to receive notice. All information relating to any person who receives or may receive notice under this subsection shall remain confidential and shall not be made available to the person convicted of violating this section. For purposes of this subsection, "release" includes a release of the offender from a state correctional facility or a local or regional jail (i) upon completion of his term of incarceration or (ii) on probation or parole. No civil liability shall attach to the Department of Corrections nor to any sheriff or regional jail director or their deputies or employees for a failure to comply with the requirements of this subsection. G. For purposes of this section: "Family or household member" has the same meaning as provided in §16.1-228. §18.2-463. Refusal to aid officer in execution of his office. If any person on being required by any §19.2-13. Special conservators of the peace; authority; application; eligibility; jurisdiction; registration; bond or insurance; liability; penalty; limitations. A. Upon the application of (i) any sheriff or chief of police
of any county, city, or town; (ii) any corporation authorized to do business in
the Commonwealth; (iii) the owner, proprietor, or authorized custodian of any
place within the Commonwealth; B. Effective September 15, 2004, no C. Each person registered as or seeking registration as a
special conservator of the peace shall be covered by (i) a cash bond, or a
surety bond executed by a surety company authorized to do business in the
Commonwealth, in a reasonable, minimum
amount to be fixed through regulations
adopted by the Board, not to be less than $10,000 or more than $100,000,
conditioned upon the faithful and honest conduct of his D. E. Where a special conservator of the peace acts in a capacity as employee or agent of another in furtherance of private goals, policies, or regulations, his appointment as special conservator of the peace shall not relieve either the special conservator of the peace or his employer or principal from civil liability arising out of any wrongful action or conduct of the special conservator of the peace while in the performance of his duties as such. Nothing in this section shall relieve a special conservator of the peace who is an operator of an emergency vehicle from civil liability for failure to use reasonable care in the operation of such a vehicle. F. Each applicant seeking an order of appointment for a special conservator of the peace shall, contemporaneously with the filing of the application, provide a copy of each application, allowing for the exclusion of any privacy addendum, and give notice to the attorney for the Commonwealth and the chief law-enforcement officer for each locality in which the applicant seeks the empowerment of a special conservator of the peace. A copy of such notice shall be included by the applicant with the application for the order of appointment submitted to the circuit court. The circuit court shall provide the attorney for the Commonwealth and the chief law-enforcement officer of any locality in which the applicant has requested the empowerment of a special conservator of the peace 21 days to appear and make motion, accompanied by a sworn affidavit, as to substantive reasons why the applicant or the prospective appointee are or are not suitable for such an appointment, and the circuit court may also, at the court's discretion and within the same time, allow the appearance and such motions of such localities and their other law-enforcement agencies. A hearing shall be set by the circuit court at the request of the applicant or at the discretion of the circuit court judge. G. Upon receipt of the completed application, the circuit court judge may request that any state or local law-enforcement agency conduct, for the benefit of the circuit court, a background investigation that may include a review of all available records concerning the applicant as well as a review of the prospective appointee's school records, employment records, or interviews with persons possessing general knowledge of the prospective appointee's character and fitness for such appointment. The law-enforcement agency may charge the applicant a fee not to exceed $50 to cover actual costs associated with the conduct of such investigation. However, such investigations shall not be required for those persons currently appointed as special conservators of the peace at the time the application is filed or for applicants and prospective appointees when such an investigation has already been conducted by any state or local law-enforcement entity within four years prior to the date the application is filed. Any information obtained from such investigations related to a special conservator of the peace registration or appointment shall not be considered a matter of public record. H. The circuit court shall grant the application upon finding that a preponderance of the evidence exists to (i) show a necessity for the security of property or the peace as presented by the applicant and, if applicable, the prospective appointee, the attorney for the Commonwealth, the local chief law-enforcement officer, and other parties as allowed by the court and (ii) indicate that the qualifications of the prospective appointee as provided in the eligibility authorization or registration issued by the Department are consistent with the authority and powers sought for the prospective appointee. The court shall enter such order within 60 days from receipt of the application but may extend entry of such order for an additional 60 days if more time is required to process the application, upon notice to the applicant. I. When
the application is J. The order of appointment shall specify whether the special conservator of the peace is appointed as a conservator of the peace or for the purpose of code enforcement. 1. The order of appointment may provide that a special conservator of the peace appointed as a conservator of the peace who has completed the minimum training standards established by the Department of Criminal Justice Services as such shall have all the powers, functions, duties, responsibilities, and authority of any other conservator of the peace, except as provided in this article, and including, but not limited to, the powers and duties generally in Article 2 (§19.2-18 et seq.) and §46.2-102, and have the authority and power to make an arrest with a warrant issued by a court of competent jurisdiction, within such geographical limitations as the court may deem appropriate within the confines of the county, city, town, or Commonwealth authority or commission that makes application or within the counties, cities, or towns where the corporate applicant does business or other applicant is located, limited, except as provided in subsection I, to the judicial circuit wherein application has been made, whenever such special conservator of the peace is engaged in the performance of his official duties. a. The order of appointment for a special conservator of the peace appointed as a conservator of the peace who has completed and currently meets the minimum compulsory law-enforcement standards for certified law-enforcement officers pursuant to §§ 15.2-1705 and 15.2-1706, as verified by the Department, may also provide that such a special conservator of the peace shall be deemed a law-enforcement officer for the purposes of obtaining arrest and search warrants, investigating criminal activity and making arrests or issuing summonses under this title and Titles 18.2 and 46.2, and under local ordinances, for all felonies, misdemeanors, and infractions, and may also provide that the special conservator of the peace shall be deemed a law-enforcement officer for the purposes of executing emergency custody orders pursuant to § 16.1-340 or 37.2-808. A special conservator of the peace who conforms to the definition of a law-enforcement officer in §9.1-101 shall be treated in all respects under the Code of Virginia as a law-enforcement officer unless otherwise required by law. However, nothing in this section shall prevent any special conservator of the peace from acting in a capacity as a law-enforcement officer or police officer or arresting officer where the law allows or requires it. b. The order of appointment for a special conservator of the peace appointed as a conservator of the peace who does not meet certified law-enforcement standards but has completed the minimum training standards established by the Department for emergency orders may provide that the special conservator of the peace is to be deemed a law-enforcement officer for the limited purposes of executing emergency custody orders pursuant to §16.1-340 or 37.2-808 and for the purpose of petitioning the court for an emergency protective order pursuant to §16.1-253.4. Nothing in this section shall prevent any special conservator of the peace from acting in a capacity as a law-enforcement officer or police officer or arresting officer where permitted or required by law. c. A special conservator of the peace appointed as a conservator of the peace may have access to, carry, and use during the performance of his duties only those types of firearms requested in the application for the order of appointment, and on which the special conservator of the peace is currently trained and qualified, and for which he possesses a valid firearms endorsement from the Department. A special conservator of the peace appointed as a conservator of the peace may carry a concealed handgun without a concealed handgun permit or other concealed weapons in accordance with § 18.2-308, and for which he is authorized in this subsection, unless the special conservator of the peace would be disqualified from carrying a concealed handgun pursuant to § 18.2-308.09, and except as otherwise provided in this section. d. The order of appointment for a special conservator of the peace appointed as a conservator of the peace shall also provide that the special conservator of the peace shall use the title "police" on a badge of authority, insignia, and uniform worn in the performance of his official duties where the special conservator of the peace shall also display "Special Conservator of the Peace" as part of or in addition to such use and where accurate illustrations of the badge and insignia have been submitted to and approved by the circuit court with the application for order of appointment. e. The special conservator of the peace appointed as a conservator of the peace who has completed the minimum training standards established by the Department for emergency vehicle operations may use an emergency vehicle, as defined in § 46.2-920, with flashing lights and sirens, only where such use is in the performance of his duties as a special conservator of the peace for lawful purposes initiated within the geographical limitations of the order of appointment, only in accordance with the motor vehicle laws of the Commonwealth, and only with a valid emergency vehicle operations endorsement from the Department. All special conservators of the peace operating a vehicle in any manner pursuant to § 46.2-920 shall operate equipment that has functional flashing emergency lights and sirens of a type generally approved by the Superintendent of State Police and as authorized by the motor vehicle laws of the Commonwealth, and operate equipment that is covered by standard motor vehicle liability coverage as required in subsection B of §46.2-920. Any special conservator of the peace appointed as a conservator of the peace who, in the performance of his duties, operates such a vehicle in any manner pursuant to §46.2-920 and who is not employed by a government law-enforcement entity or a private police department authorized by a locality of the Commonwealth pursuant to §15.2-1701.1, shall be required to use a marked vehicle that has clear, legible markings viewable by nearby motorists, on at least two sides, identifying the entity employing or otherwise utilizing the special conservator of the peace and the organization's Department of Criminal Justice Services business number if applicable. 2. The order of appointment may alternatively provide that a special conservator of the peace appointed for the purpose of code enforcement who has completed the minimum training standards established by the Department as such shall have the authority to effect misdemeanor arrests and to issue summonses in accordance with Chapter 7 (§19.2-71 et seq.) of Title 19.2 for misdemeanors and violations of local ordinances authorized by law. a. A special conservator of the peace appointed for the purpose of code enforcement shall not be authorized to have access to, carry, or use any firearms in the performance of his duties but may have access to, carry, and use only those intermediate weapons requested in the application for the order of appointment, and on which the special conservator of the peace is currently trained and qualified, and for which he possesses a valid weapons endorsement from the Department. Such special conservator of the peace shall not be considered a conservator of the peace for purposes of the concealed carry exceptions under § 18.2-308. b. The order of appointment for a special conservator of the peace appointed for the purpose of code enforcement may also provide that the special conservator of the peace may use the title "police" on a badge of authority, insignia, and uniform worn in the performance of his duties as such where the special conservator of the peace also displays "Special Conservator of the Peace" and "Code Enforcement" as part of or in addition to such use and where accurate illustrations of the badge and insignia have been submitted to and approved by the circuit court with the application for order of appointment. c. The order of appointment for a special conservator of the peace appointed for the purpose of code enforcement shall provide, as a minimum limitation, that the special conservator of the peace authorized to use an emergency vehicle with flashing lights and sirens in the performance of his duties shall be prohibited from making vehicle traffic stops using any vehicle or engaging in pursuit using any vehicle and shall otherwise be prohibited from vehicle operation under § 46.2-920 with the exception of subdivision A 3 of §46.2-920 on stopping and parking. All special conservators of the peace operating a vehicle in any manner pursuant to §46.2-920 must operate equipment that has functional flashing emergency lights and sirens of a type generally approved by the Superintendent of State Police and as authorized by the motor vehicle laws of the Commonwealth, and that is covered by standard motor vehicle liability coverage as required in subsection B of §46.2-920. K. The circuit court granting the order of appointment may limit or prohibit the use of emergency vehicles and the use of flashing lights and sirens on any vehicles used by the special conservator of the peace in the performance of his duties. L. The circuit court granting the order of appointment may limit or prohibit access to and the carrying of any weapons by a special conservator of the peace initially appointed on or after July 1, 1996, while the appointee is in performance of his duties or otherwise exercising a power or authority for access, carry, or use of weapons as a special conservator of the peace. M. The order of appointment may provide that the special conservator of the peace is authorized to use the lesser seal of the Commonwealth only in a badge of authority or insignia, where accurate illustrations of the use of the lesser seal of the Commonwealth have been submitted to and approved by the circuit court with the application for order of appointment. The use of the lesser seal is also authorized for use in credentials of office for a special conservator of the peace issued by a circuit court or by the Department. Such uses of the lesser seal are authorized for the purposes of §1-505 and shall be in accordance with display protocols and practices published by the Secretary of the Commonwealth except where those protocols and practices conflict with this section. N. The order of appointment shall direct that the special conservator of the peace is required to report, with reasonable specificity and as soon as is practicable, to the locality's chief law-enforcement agency or to the Department of State Police whenever, during the performance of his duties, the special conservator of the peace has reason to believe that a death, felony criminal sexual assault, or other violent felony has occurred within the geographical limitations in which he is authorized to operate. Failure by the special conservator of the peace to make such a report shall not be a bar to prosecution of alleged offenders. O. Upon granting an appointment, the circuit court shall require that the special conservator of the peace give oath or affirmation, before authorized court personnel, as follows: "I [name] do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge all the duties incumbent upon me as a Virginia Special Conservator of the Peace according to the best of my ability, (so help me God)." P. No badge, insignia, or other credential of office to be used or displayed by any special conservator of the peace on a uniform, on equipment, on vehicles, upon any published material, or otherwise may appear substantially identical or be in facsimile to a unique badge, insignia, or other unique credential used by any federal law-enforcement entity or by any law-enforcement entity of the Commonwealth, or its political subdivisions, authorities, commissions, or departments, unless the special conservator of the peace is actively employed by such an entity and approved to use or make such a display of such badge, insignia, or credential. Q. The power and authority granted by an order of appointment for a special conservator of the peace is limited to initiating lawful actions in accordance with such granted powers and authority only within such geographical limitations as the circuit court has specified in the order of appointment with continuing authority outside those geographical limitations to effect the authority granted to the special conservator of the peace within those geographical limitations and where otherwise required by law. Every special conservator of the peace in the performance of his official duties shall conform to the requirements of the United States Constitution and the Constitution of Virginia. R. Access by any special conservator of the peace to criminal history record information and to the criminal justice information system shall be limited to authorized special conservators of the peace employed or otherwise utilized by criminal justice agencies or private police departments, and otherwise limited as provided by law. The Board shall adopt regulations in consultation with the Department of State Police and the Private Security Services Advisory Board for such access and, upon application, certify persons so authorized in accordance with this section and the laws of Commonwealth. S. No provision in this section or in an order of appointment for a special conservator of the peace shall exempt or be construed to exempt any applicant or appointee from any requirements of any law related to (i) valid possession of a license to operate a motor vehicle when operating such a vehicle; (ii) valid possession of a business license required by law; (iii) eligibility, training, certifications, and other requirements related to maritime operations and conditions; (iv) eligibility, training, certifications, and other requirements for code enforcement as authorized by law; (v) the conduct of a private security business as set forth in Article 4 (§9.1-138 et seq.) of Chapter 1 of Title 9.1; or (vi) other requirements of law not specifically exempted in this section. T. Appointment as a special conservator of the peace does not, by itself, make such an appointee an employee of the Commonwealth or any locality within the meaning of the Virginia Workers' Compensation Act (§65.2-100 et seq.) or make an appointee eligible for benefits under the Virginia Retirement System or the Line of Duty Act (§9.1-400 et seq.). U. Effective
July 1,
V. Appointment as a special conservator of the peace is conditioned upon continued employment or other utilization of the special conservator of the peace by the eligible applicant that applied to the circuit court for the appointment. The authority and powers granted to the special conservator of the peace under the order of appointment shall be void without further action by the court (i) upon the termination of employment or other utilization with such entity or (ii) if the applicant no longer controls the property for which the appointment was granted, and the entity shall notify, in writing and within 14 days, the circuit court that granted the order of appointment, the Department of Criminal Justice Services, and the Department of State Police of either situation. Failure to provide such notification shall be punishable by a fine of $250 plus an additional $50 per day for each day such notice is not provided, with a maximum fine of $2,500. W. The authority and powers granted to the special conservator of the peace shall be immediately void without further action by the circuit court if the special conservator no longer meets the eligibility requirements within this section, or if the registration issued by the Department expires past any grace period or is revoked or temporarily suspended for just cause in accordance with regulations adopted for that purpose. The Department may refuse to issue an eligibility authorization or temporarily suspend the registration of any special conservator of the peace who is currently subject to an active protective order, who is being considered for decertification as a law-enforcement officer, who has been charged with a crime that would prohibit the person from holding an appointment as a special conservator of the peace pending a resolution of charges, or for other just cause consistent with this section. The clerk of a circuit court revoking such an order of appointment or the Department in revoking or suspending a registration for a special conservator of the peace shall inform the other, the applicant, and the appointee, and both shall inform the Department of State Police of such action for notation within the Virginia Criminal Information Network. X. Effective July 1, 2002, no person employed by a local school board as a school security officer, as defined in §9.1-101, shall be eligible for appointment as a conservator for purposes of maintaining safety in a public school in the Commonwealth. All appointments of special conservators of the peace granted to school security officers as defined in §9.1-101 prior to July 1, 2002, are void.
Y. Nothing is this section shall prevent the temporary utilization of special conservators of the peace by a local school board, local law-enforcement entity, or other governmental entity for the security of property or the peace on the grounds and buildings of a public school in the Commonwealth during a time of disaster, civil disturbance, or other similar exigent circumstance. §19.2-77. Escape, flight and pursuit; arrest anywhere in Commonwealth. Whenever a person in the custody of an officer shall escape or whenever a person shall flee from an officer attempting to arrest him or detain him based on reasonable suspicion that such person has committed a crime or is about to commit a crime, such officer, with or without a warrant, may pursue such person anywhere in the Commonwealth and, when actually in close pursuit, may arrest him wherever he is found. If the arrest is made in a county or city adjoining that from which the accused fled, or in any area of the Commonwealth within one mile of the boundary of the county or city from which he fled, the officer may forthwith return the accused before the proper official of the county or city from which he fled. If the arrest is made beyond the foregoing limits, the officer shall proceed according to the provisions of §19.2-76, and if such arrest is made without a warrant, the officer shall procure a warrant from the magistrate serving the county or city wherein the arrest was made, charging the accused with the offense committed in the county or city from which he fled. §19.2-82.1. Giving false identity to police officer; penalty. Any person who falsely identifies himself to a law-enforcement
officer or a special conservator of the peace appointed
pursuant to §19.2-13 when in the official performance of his official
duties, with the intent to
deceive the §23-232.1. Authorization for campus police departments in private institutions of higher education. The governing board of each private institution of higher
education is authorized to establish, in compliance with the provisions of this
chapter, a campus police department and to employ campus police officers upon
appointment as provided in §23-233. Except as such provisions apply
exclusively to public institutions or employees, the provisions of this chapter
shall apply to the appointment and employment of officers, operation, powers,
duties and jurisdiction of private campus police departments, and such
departments shall be subject to and enjoy the benefits of this chapter.
However, to be qualified to use the word "police" to describe the
department §23-234. Powers and duties; jurisdiction; limitations. A. A campus police officer appointed as provided in §23-233
or appointed and activated pursuant to §23-233.1 may exercise the powers and
duties conferred by law upon police officers of cities, towns, or counties, and
shall be so deemed, including but not limited to the provisions of Chapters 5
(§19.2-52 et seq.), 7 (§19.2-71 et seq.), and 23 (§19.2-387 et seq.) of
Title 19.2, (i) upon any property owned or controlled by the relevant public or
private institution of higher education, or, upon request, any property owned
or controlled by another public or private institution of higher education and
upon the streets, sidewalks, and highways, immediately adjacent thereto, (ii)
pursuant to a mutual aid agreement provided for in §15.2-1727 between the
governing board of a public or private institution and such other institution
of higher education, public or private, in the Commonwealth or adjacent
political subdivisions, (iii) in close pursuit of a person as provided in §
19.2-77, and (iv) upon approval by the appropriate circuit court of a petition
by the local governing body for concurrent jurisdiction in designated areas
with the police officers of the county, city, or town in which the institution,
its satellite campuses, or other properties are located. B. All public or private institutions of higher education that have campus police forces established in accordance with the provisions of this chapter shall enter in and become a party to mutual aid agreements with one or more of the following: (i) an adjacent local law-enforcement agency or (ii) the Department of State Police, for the use of their joint forces, both regular and auxiliary, equipment, and materials when needed in the investigation of any felony criminal sexual assault or medically unattended death occurring on property owned or controlled by the institution of higher education or any death resulting from an incident occurring on such property. The provisions of this section shall not prohibit a campus police force from requesting assistance from any appropriate law-enforcement agency of the Commonwealth, even though a mutual aid agreement has not been executed with that agency. C. Private campus police departments and those officers employed or otherwise utilized by such departments who perform public policing and law-enforcement activities for such departments shall be required to maintain individual surety bonds or liability insurance or self-insurance in a reasonable minimum amount and with coverage as required by the Commonwealth no less than that required for private police departments and no greater than that required for the authorized police forces of localities. D. No private campus police department shall conduct asset forfeiture seizures, except for the taking of private property that is necessary to secure evidence of alleged criminal activity for lawful investigation and future prosecution, and no private campus police department shall receive monies held or disbursed by the Commonwealth, or any of its political subdivisions, authorities, commissions, or departments under any asset forfeiture or seizure program or through any other diversion and disbursement of such funds held by the Commonwealth. E. Private campus police departments, including those officers employed or otherwise utilized by such campus police departments to provide public policing and law-enforcement activities, shall not be authorized to conduct private policing services, private security services business, or off-duty policing services for third parties, either private or public. This section does not prohibit mutual aid pursuant to a mutual aid agreement or memorandum of understanding between a locality and a campus police department and this section does not prohibit the separate operation of licensed private security services business activities under the laws of the Commonwealth. §63.2-1509. Requirement that certain injuries to children be reported by physicians, nurses, teachers, etc.; penalty for failure to report. A. The following persons who, in their professional or official capacity, have reason to suspect that a child is an abused or neglected child, shall report the matter immediately to the local department of the county or city wherein the child resides or wherein the abuse or neglect is believed to have occurred or to the Department's toll-free child abuse and neglect hotline: 1. Any person licensed to practice medicine or any of the healing arts; 2. Any hospital resident or intern, and any person employed in the nursing profession; 3. Any person employed as a social worker or family-services specialist; 4. Any probation officer; 5. Any teacher or other person employed in a public or private school, kindergarten or nursery school; 6. Any person providing full-time or part-time child care for pay on a regularly planned basis; 7. Any mental health professional; 8. Any law-enforcement officer, campus police officer appointed pursuant to §23-233 or 23-233.1, special conservator of the peace appointed pursuant to §19.2-13, or animal control officer; 9. Any mediator eligible to receive court referrals pursuant to §8.01-576.8; 10. Any professional staff person, not previously enumerated, employed by a private or state-operated hospital, institution or facility to which children have been committed or where children have been placed for care and treatment; 11. Any person 18 years of age or older associated with or employed by any public or private organization responsible for the care, custody or control of children; 12. Any person who is designated a court-appointed special advocate pursuant to Article 5 (§9.1-151 et seq.) of Chapter 1 of Title 9.1; 13. Any person 18 years of age or older who has received training approved by the Department of Social Services for the purposes of recognizing and reporting child abuse and neglect; 14. Any person employed by a local department as defined in § 63.2-100 who determines eligibility for public assistance; 15. Any emergency medical services provider certified by the Board of Health pursuant to §32.1-111.5, unless such provider immediately reports the matter directly to the attending physician at the hospital to which the child is transported, who shall make such report forthwith; 16. Any athletic coach, director or other person 18 years of age or older employed by or volunteering with a private sports organization or team; 17. Administrators or employees 18 years of age or older of public or private day camps, youth centers and youth recreation programs; and 18. Any person employed by a public or private institution of higher education other than an attorney who is employed by a public or private institution of higher education as it relates to information gained in the course of providing legal representation to a client. This subsection shall not apply to any regular minister, priest, rabbi, imam, or duly accredited practitioner of any religious organization or denomination usually referred to as a church as it relates to (i) information required by the doctrine of the religious organization or denomination to be kept in a confidential manner or (ii) information that would be subject to §8.01-400 or 19.2-271.3 if offered as evidence in court. If neither the locality in which the child resides nor where the abuse or neglect is believed to have occurred is known, then such report shall be made to the local department of the county or city where the abuse or neglect was discovered or to the Department's toll-free child abuse and neglect hotline. If an employee of the local department is suspected of abusing or neglecting a child, the report shall be made to the court of the county or city where the abuse or neglect was discovered. Upon receipt of such a report by the court, the judge shall assign the report to a local department that is not the employer of the suspected employee for investigation or family assessment. The judge may consult with the Department in selecting a local department to respond to the report or the complaint. If the information is received by a teacher, staff member, resident, intern or nurse in the course of professional services in a hospital, school or similar institution, such person may, in place of said report, immediately notify the person in charge of the institution or department, or his designee, who shall make such report forthwith. If the initial report of suspected abuse or neglect is made to the person in charge of the institution or department, or his designee, pursuant to this subsection, such person shall notify the teacher, staff member, resident, intern or nurse who made the initial report when the report of suspected child abuse or neglect is made to the local department or to the Department's toll-free child abuse and neglect hotline, and of the name of the individual receiving the report, and shall forward any communication resulting from the report, including any information about any actions taken regarding the report, to the person who made the initial report. The initial report may be an oral report but such report shall be reduced to writing by the child abuse coordinator of the local department on a form prescribed by the Board. Any person required to make the report pursuant to this subsection shall disclose all information that is the basis for his suspicion of abuse or neglect of the child and, upon request, shall make available to the child-protective services coordinator and the local department, which is the agency of jurisdiction, any information, records, or reports that document the basis for the report. All persons required by this subsection to report suspected abuse or neglect who maintain a record of a child who is the subject of such a report shall cooperate with the investigating agency and shall make related information, records and reports available to the investigating agency unless such disclosure violates the federal Family Educational Rights and Privacy Act (20 U.S.C. §1232g). Provision of such information, records, and reports by a health care provider shall not be prohibited by §8.01-399. Criminal investigative reports received from law-enforcement agencies shall not be further disseminated by the investigating agency nor shall they be subject to public disclosure. B. For purposes of subsection A, "reason to suspect that a child is abused or neglected" shall include (i) a finding made by a health care provider within six weeks of the birth of a child that the results of toxicology studies of the child indicate the presence of a controlled substance not prescribed for the mother by a physician; (ii) a finding made by a health care provider within six weeks of the birth of a child that the child was born dependent on a controlled substance which was not prescribed by a physician for the mother and has demonstrated withdrawal symptoms; (iii) a diagnosis made by a health care provider at any time following a child's birth that the child has an illness, disease or condition which, to a reasonable degree of medical certainty, is attributable to in utero exposure to a controlled substance which was not prescribed by a physician for the mother or the child; or (iv) a diagnosis made by a health care provider at any time following a child's birth that the child has a fetal alcohol spectrum disorder attributable to in utero exposure to alcohol. When "reason to suspect" is based upon this subsection, such fact shall be included in the report along with the facts relied upon by the person making the report. C. Any person who makes a report or provides records or information pursuant to subsection A or who testifies in any judicial proceeding arising from such report, records, or information shall be immune from any civil or criminal liability or administrative penalty or sanction on account of such report, records, information, or testimony, unless such person acted in bad faith or with malicious purpose. D. Any person required to file a report pursuant to this section who fails to do so as soon as possible, but not longer than 24 hours after having reason to suspect a reportable offense of child abuse or neglect, shall be fined not more than $500 for the first failure and for any subsequent failures not less than $1,000. In cases evidencing acts of rape, sodomy, or object sexual penetration as defined in Article 7 (§18.2-61 et seq.) of Chapter 4 of Title 18.2, a person who knowingly and intentionally fails to make the report required pursuant to this section shall be guilty of a Class 1 misdemeanor. E. No person shall be required to make a report pursuant to this section if the person has actual knowledge that the same matter has already been reported to the local department or the Department's toll-free child abuse and neglect hotline. 2. That the training requirements for special conservators of the peace established by the Criminal Justice Services Board subsequent to the passage of this act shall substantially conform to specific recommendations of any duly authorized study commission authorized by the General Assembly on the subject of training for special conservators of the peace. 3. That the Supreme Court of Virginia shall establish reasonable judicial training regarding the use of application forms and the granting of authority and powers within appointment orders for special conservators of the peace. |
