Bill Text: VA HJR618 | 2015 | Regular Session | Prefiled
Bill Title: Conservators of the peace, special; training.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-02-10 - Left in Rules [HJR618 Detail]
Download: Virginia-2015-HJR618-Prefiled.html
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15101015D WHEREAS, the Code of Virginia allows for the appointment of special conservators of the peace; and WHEREAS, the functions and duties of special conservators of the peace vary depending on the underlying purpose of their appointment, with some special conservators acting in a law-enforcement capacity; and WHEREAS, in order to be effective when serving in a law-enforcement capacity, a certain level of training for special conservators of the peace is in order; and WHEREAS, currently, compulsory, minimum, entry-level training standards for special conservators cannot exceed 24 hours for unarmed special conservators and 40 hours for armed special conservators; now, therefore, be it RESOLVED by the House of Delegates, the Senate concurring, That a joint subcommittee be established to study the appropriate level of training for special conservators of the peace. The joint subcommittee shall have a total membership of 21 members that shall consist of 12 legislative members, eight nonlegislative citizen members, and one ex officio member. Members shall be appointed as follows: seven members of the House of Delegates to be appointed by the Speaker of the House of Delegates in accordance with the principles of proportional representation contained in the Rules of the House of Delegates; five members of the Senate to be appointed by the Senate Committee on Rules; four nonlegislative citizen members, one of whom shall be a sheriff, one of whom shall be a clerk of a circuit court, one of whom shall be an attorney for the Commonwealth, and one of whom shall be a representative of a private corporation that employs special conservators of the peace, to be appointed by the Speaker of the House of Delegates; and four nonlegislative citizen members, one of whom shall be a chief of police, one of whom shall be a circuit court judge, one of whom shall be a representative of a private police department that employs special conservators of the peace, and one of whom shall be a representative of museum owned and managed by the Commonwealth that employs special conservators of the peace, to be appointed by the Senate Committee on Rules. The Secretary of Public Safety or his designee shall serve ex officio with voting privileges. Nonlegislative citizen members of the joint subcommittee shall be citizens of the Commonwealth of Virginia. Unless otherwise approved in writing by the chairman of the joint subcommittee and the respective Clerk, nonlegislative citizen members shall only be reimbursed for travel originating and ending within the Commonwealth of Virginia for the purpose of attending meetings. If a companion joint resolution of the other chamber is agreed to, written authorization of both Clerks shall be required. The joint subcommittee shall elect a chairman and vice-chairman from among its membership, who shall be members of the General Assembly. In conducting its study, the joint subcommittee shall consider the level of training necessary for special conservators of the peace to carry out the functions and duties for which they are appointed and to ensure that special conservators understand constitutional and criminal law, including proper search and seizure techniques, the proper manner of executing arrests, and personal safety concerns, relating to the exercise of conservator powers. Administrative staff support shall be provided by the Office of the Clerk of the House of Delegates. Legal, research, policy analysis, and other services as requested by the joint subcommittee shall be provided by the Division of Legislative Services. Technical assistance shall be provided by the Department of Criminal Justice Services. All agencies of the Commonwealth shall provide assistance to the joint subcommittee for this study, upon request. The joint subcommittee shall be limited to four meetings for the 2015 interim, and the direct costs of this study shall not exceed $24,960 without approval as set out in this resolution. Approval for unbudgeted nonmember-related expenses shall require the written authorization of the chairman of the joint subcommittee and the respective Clerk. If a companion joint resolution of the other chamber is agreed to, written authorization of both Clerks shall be required. No recommendation of the joint subcommittee shall be adopted if a majority of the House members or a majority of the Senate members appointed to the joint subcommittee (i) vote against the recommendation and (ii) vote for the recommendation to fail notwithstanding the majority vote of the joint subcommittee. The joint subcommittee shall complete its meetings by November 30, 2015, and the chairman shall submit to the Division of Legislative Automated Systems an executive summary of its findings and recommendations no later than the first day of the 2016 Regular Session of the General Assembly. The executive summary shall state whether the joint subcommittee intends to submit to the General Assembly and the Governor a report of its findings and recommendations for publication as a House or Senate document. The executive summary and the report shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website. Implementation of this resolution is subject to subsequent approval and certification by the Joint Rules Committee. The Committee may approve or disapprove expenditures for this study, extend or delay the period for the conduct of the study, or authorize additional meetings during the 2015 interim. |
