14104722D
SENATE BILL NO. 495
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee for Courts of Justice)
(Patron Prior to Substitute--Senator Norment)
Senate Amendments in [ ] -- February 5, 2014
A BILL to amend and reenact §§9.1-101, 9.1-150.2, and 19.2-13
of the Code of Virginia, relating to special conservators of the peace.
Be it enacted by the General Assembly of Virginia:
1. That §§9.1-101, 9.1-150.2, and 19.2-13 of the Code of
Virginia are amended and reenacted as follows:
§9.1-101. Definitions.
As used in this chapter or in Chapter 23 (§19.2-387 et seq.)
of Title 19.2, unless the context requires a different meaning:
"Administration of criminal justice" means
performance of any activity directly involving the detection, apprehension,
detention, pretrial release, post-trial release, prosecution, adjudication,
correctional supervision, or rehabilitation of accused persons or criminal
offenders or the collection, storage, and dissemination of criminal history
record information.
"Board" means the Criminal Justice Services Board.
"Conviction data" means information in the custody
of any criminal justice agency relating to a judgment of conviction, and the
consequences arising therefrom, in any court.
"Correctional status information" means records and
data concerning each condition of a convicted person's custodial status,
including probation, confinement, work release, study release, escape, or
termination of custody through expiration of sentence, parole, pardon, or court
decision.
"Criminal history record information" means records
and data collected by criminal justice agencies on adult individuals consisting
of identifiable descriptions and notations of arrests, detentions, indictments,
informations, or other formal charges, and any disposition arising therefrom.
The term shall not include juvenile record information which is controlled by
Chapter 11 (§16.1-226 et seq.) of Title 16.1, criminal justice intelligence
information, criminal justice investigative information, or correctional status
information.
"Criminal justice agency" means (i) a court or any
other governmental agency or subunit thereof which as its principal function
performs the administration of criminal justice and any other agency or subunit
thereof which performs criminal justice activities, but only to the extent that
it does so; (ii) for the purposes of Chapter 23 (§19.2-387 et seq.) of Title
19.2, any private corporation or agency which, within the context of its
criminal justice activities, employs officers appointed under §15.2-1737, or
special conservators of the peace or special policemen appointed under Chapter
2 (§19.2-12 et seq.) of Title 19.2, provided that (a) such private corporation
or agency requires its officers, special conservators or special policemen to meet
compulsory training standards established by the Criminal Justice Services
Board and submits reports of compliance with the training standards and (b) the
private corporation or agency complies with the provisions of Article 3 (§
9.1-126 et seq.), but only to the extent that the private corporation or agency
so designated as a criminal justice agency performs criminal justice
activities; and (iii) the Office of the Attorney General, for all criminal
justice activities otherwise permitted under clause (i) and for the purpose of
performing duties required by the Civil Commitment of Sexually Violent
Predators Act (§37.2-900 et seq.).
"Criminal justice agency" includes the Virginia
State Crime Commission.
"Criminal justice agency" includes any program certified
by the Commission on VASAP pursuant to §18.2-271.2.
"Criminal justice information system" means a system
including the equipment, facilities, procedures, agreements, and organizations
thereof, for the collection, processing, preservation, or dissemination of
criminal history record information. The operations of the system may be
performed manually or by using electronic computers or other automated data
processing equipment.
"Department" means the Department of Criminal
Justice Services.
"Dissemination" means any transfer of information,
whether orally, in writing, or by electronic means. The term shall not include
access to the information by officers or employees of a criminal justice agency
maintaining the information who have both a need and right to know the
information.
"Law-enforcement officer" means any full-time or
part-time employee of a police department or sheriff's office which is a part
of or administered by the Commonwealth or any political subdivision thereof,
or any full-time or part-time employee of a private police department, and
who is responsible for the prevention and detection of crime and the
enforcement of the penal, traffic or highway laws of the Commonwealth, and
shall include any (i) special agent of the Department of Alcoholic Beverage
Control; (ii) police agent appointed under the provisions of §56-353; (iii)
officer of the Virginia Marine Police appointed under the provisions of §
28.2-106; (iv) conservation police officer who is a full-time sworn member
of the enforcement division of the Department of Game and Inland Fisheries; (v)
investigator who is a full-time sworn member of the security division of the
State Lottery Department; (vi) conservation officer of the Department of
Conservation and Recreation commissioned pursuant to §10.1-115; (vii)
full-time sworn member of the enforcement division of the Department of Motor
Vehicles appointed pursuant to §46.2-217; (viii) animal protection police
officer employed under §15.2-632; or (ix) campus police officer appointed
under Chapter 17 (§23-232 et seq.) of Title 23; or (x) private police
officer employed by a private police department. Part-time employees are
those compensated officers who are not full-time employees as defined by the
employing police department or, sheriff's office, or private
police department.
"Private police department" means any entity
authorized by statute to employ private police officers. The jurisdiction of a
private police department shall be limited to real property owned by the entity
and, if approved by the local chief of police or sheriff, any contiguous
property; such jurisdiction shall be concurrent with the jurisdiction of the
local police or sheriff's department. Private police departments and private
police officers shall be subject to and comply with the Constitution of the
United States, the Constitution of the Commonwealth, and the provisions of §§
9.1-600, 15.2-1705 through 15.2-1708, 15.2-1719, 15.2-1721, and 15.2-1722. Any
person employed as a private police officer pursuant to this section shall meet
the minimum compulsory training requirements for law-enforcement officers
established by the Board. A private police officer is not entitled to benefits
under the Line of Duty Act (§9.1-400 et seq.) or under the Virginia Retirement
System, is not a "qualified law enforcement officer" or
"qualified retired law enforcement officer" within the meaning of the
federal Law Enforcement Safety Act, 18 U.S.C. §926(B) et seq., and shall not
be deemed an employee of the Commonwealth or any locality. Any private police
department in existence on January 1, 2013, whose existence is authorized or
was authorized by any provision of law, is hereby validated and may continue.
Any entity employing officers meeting the compulsory minimum training standards
for law-enforcement officers established by the Board as of July 1, 2014, may
continue to operate and use the word "police" until July 1, 2015.
"School resource officer" means a certified
law-enforcement officer hired by the local law-enforcement agency to provide
law-enforcement and security services to Virginia public elementary and
secondary schools.
"School security officer" means an individual who is
employed by the local school board for the singular purpose of maintaining
order and discipline, preventing crime, investigating violations of school
board policies, and detaining students violating the law or school board
policies on school property or at school-sponsored events and who is
responsible solely for ensuring the safety, security, and welfare of all
students, faculty, staff, and visitors in the assigned school.
§9.1-150.2. Powers of Criminal Justice Services Board
relating to special conservators of the peace appointed pursuant to §19.2-13.
A. The Board may adopt regulations establishing
shall establish compulsory minimum, entry-level, in-service, and advanced
training standards for special conservators of the peace. Such training
shall be graduated and based on the type of duties to be performed by the
special conservator of the peace. In establishing compulsory training
standards, the Board shall ensure the public safety and welfare against
incompetent or unqualified persons engaging in the activities regulated by this
section. The Board shall adopt regulations that may include
provisions delegating to the Board's staff the right to inspect the facilities
and programs of persons conducting training to ensure compliance with the law
and its regulations. [ In adopting its regulations, the Board shall seek
the advice of the Private Security Services Advisory Board established pursuant to §9.1-143. ] In establishing
compulsory training standards for special conservators of the peace, the Board
shall ensure the public safety and welfare against incompetent or unqualified
persons engaging in the activities regulated by this section. The
regulations may provide for exemption from training of persons having previous
employment as law-enforcement officers for a state or the federal government.
However, no such exemption shall be granted to persons having less than five
continuous years of such employment, nor shall an exemption be provided for any
person whose employment as a law-enforcement officer was terminated because of
his misconduct or incompetence or who has been decertified as a
law-enforcement officer. The regulations may include provisions for partial
exemption from such training for persons having previous training that meets or
exceeds the minimum training standards and has been approved by the Department.
The Board may also adopt regulations that (i) establish the qualifications of
applicants for registration; (ii) cause to be examined the qualifications of
each applicant for registration; (iii) provide for collection of fees for
registration and renewal that are sufficient to cover all expenses for
administration and operation of a program of registration; (iv) ensure
continued competency and prevent deceptive or misleading practices by
practitioners; (v) effectively administer the regulatory system promulgated by
the Board; (vi) provide for receipt of complaints concerning the conduct of any
person whose activities are regulated by the Board; (vii) provide for
investigations, and appropriate disciplinary action if warranted; and (viii)
allow the Board to revoke, suspend, or refuse to renew a registration,
certification, or license for just cause as enumerated in regulations of
the Board. The Board shall not adopt compulsory, minimum, entry-level
training standards in excess of 24 hours for unarmed special conservators of
the peace or in excess of 40 hours for armed special conservators of the peace.
In adopting its regulations, the Board shall seek the advice of the Private
Security Services Advisory Board established pursuant to §9.1-143.
B. Notwithstanding any provision of subsection A, any
special conservator of the peace shall have one year following the approval by
the Board to comply with any additional compulsory minimum training standards
as may be established following his appointment.
§19.2-13. Special conservators of the peace; authority;
jurisdiction; registration; bond; liability of employers; penalty; report.
A. Upon the submission of an application of
from (i) any sheriff or chief of police chief law-enforcement
officer 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; or (iv) any museum owned and
managed by the Commonwealth, a circuit court judge of any county or city shall
appoint special conservators of the peace who shall serve as such for such
length of time as the court may designate, but not exceeding four years under
any one appointment, upon a showing by the applicant of a necessity for the
security of property or the peace and presentation of evidence that the person
or persons to be appointed as a special conservator of the peace possess a
valid registration issued by the Department of Criminal Justice Services in
accordance with the provisions of subsection B C. However, a
judge may deny the appointment for good cause, and shall state the specific
reasons for the denial in writing in the order denying the appointment. The
order of appointment may shall provide that a special conservator
of the peace shall have all the powers, functions, duties, responsibilities
and authority of any other conservator of the peace may only perform the
duties for which he has qualified as specified on the application submitted
pursuant to subsection B and within such geographical limitations as the
court may deem appropriate within the confines of the county, city or town that
makes application or within the county, city or town where the corporate
applicant is located, limited, except as provided in subsection E F,
to the judicial circuit wherein application has been made, whenever such
special conservator of the peace is engaged in the performance of his duties as
such, and shall require that the special conservator of the peace comply
with the provisions of the Constitution of the United States and the
Constitution of the Commonwealth. The order may also provide that the
special conservator of the peace is a "law-enforcement officer" for
the purposes of Article 4 (§37.2-808 et seq.) of Chapter 8 of Title 37.2 or
Article 16 (§16.1-335 et seq.) of Chapter 11 of Title 16.1. The order may
also provide that the special conservator of the peace is authorized to use the
seal of the Commonwealth in a badge or other credential of office as the court
may deem appropriate. The order may also provide that the special conservator
of the peace may use the title "police" on any badge or uniform worn
in the performance of his duties as such and if so provided shall
require the special conservator of the peace to maintain minimum compulsory
law-enforcement training standards established by the Criminal Justice Services
Board for law-enforcement officers. The designation of the special conservator
of the peace as a "law-enforcement officer" under this section does
not qualify the special conservator of the peace as a "qualified law
enforcement officer" or "qualified retired law enforcement
officer" within the meaning of the federal Law Enforcement Officer Safety
Act, 18 U.S.C. §926(B) et seq. The order may also provide that a special
conservator of the peace who has completed the minimum compulsory
law-enforcement training standards established by the Department of
Criminal Justice Services, has the authority to affect arrests, using up to the
same amount of force as would be allowed to a law-enforcement officer employed
by the Commonwealth or any of its political subdivisions when making a lawful
arrest. The order also may (a) require the local sheriff or chief of police to
conduct a background investigation which may include a review of the
applicant's school records, employment records, or interviews with persons
possessing general knowledge of the applicant's character and fitness for such
appointment and (b) limit the use of flashing lights and sirens on personal
vehicles used by the conservator in the performance of his duties, provided
that such use is in accordance with §46.2-1023. Prior to granting an
application for appointment, the circuit court shall ensure that the applicant
has met the registration requirements established by the Criminal Justice
Services Board.
B. Effective September 15, 2004, no All applications
for appointments of special conservators of the peace shall be submitted on
forms developed by the Department of Criminal Justice Services in consultation
with the Office of the Executive Secretary of the Supreme Court of Virginia and
shall specify the duties for which the applicant is qualified.
C. No person shall seek appointment as a special
conservator of the peace from a circuit court judge without possessing a valid
registration issued by the Department of Criminal Justice Services, except
as provided in this section. Applicants for registration may submit an
application on or after January 1, 2004. A temporary registration may be
issued in accordance with regulations established by the Criminal Justice
Services Board while awaiting the results of a state and national fingerprint
search. However, no person shall be issued a temporary registration until he
has (i) complied with, or been exempted from the compulsory minimum training
standards as set forth in this section, (ii) submitted his fingerprints on a
form provided by the Department to be used for the conduct of a national
criminal records search and a Virginia criminal history records search, and
(iii) met all other requirements of this article and Board regulations. No
person with a criminal conviction for a misdemeanor involving (a) moral
turpitude, (b) assault and battery, (c) damage to real or personal property,
(d) controlled substances or imitation controlled substances as defined in
Article 1 (§18.2-247 et seq.) of Chapter 7 of Title 18.2, (e) prohibited
sexual behavior as described in Article 7 (§18.2-61 et seq.) of Chapter 4 of
Title 18.2, (f) firearms, or (g) any felony, or who is required to register
with the Sex Offender and Crimes Against Minors Registry pursuant to Chapter 9
(§9.1-900 et seq.) of Title 9.1, shall be registered as a special
conservator of the peace. All appointments for special conservators of the
peace shall become void on September 15, 2004, unless they have obtained a
valid registration issued by the Department of Criminal Justice Services
Effective July 1, 2014, all persons seeking appointment or reappointment as a
special conservator of the peace are required to register with the Department
as a special conservator of the peace, regardless of any other standing that
the person may have as a law-enforcement officer or other position requiring
registration or licensure by the Department.
C. D. 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 amount to be fixed by the Board,
not to be less than $10,000, conditioned upon the faithful and honest conduct
of his business or employment; or (ii) evidence of a policy of liability
insurance or self-insurance in an amount and with coverage as fixed by the
Board. Any person who is aggrieved by the misconduct of any person registered
as a special conservator of the peace and recovers a judgment against the
registrant, which is unsatisfied in whole or in part, may bring an action in
his own name against the bond or insurance policy of the registrant.
D. Individuals listed in §19.2-12, individuals who have
complied with or been exempted pursuant to subsection A of §9.1-141,
individuals employed as law-enforcement officers as defined in §9.1-101 who
have met the minimum qualifications set forth in §15.2-1705 shall be exempt
from the requirements in subsections A through C. Further, individuals appointed
under subsection A and employed by a private corporation or entity that meets
the requirements of subdivision (ii) of the definition of criminal justice
agency in §9.1-101, shall be exempt from the registration requirements of
subsection A and from subsections B and C provided they have met the minimum
qualifications set forth in §15.2-1705. The Department of Criminal Justice
Services shall, upon request by the circuit court, provide evidence to the
circuit court of such employment prior to appointing an individual special
conservator of the peace. The employing agency E. Any (i) chief
law-enforcement officer of any county, city, or town; (ii) corporation
authorized to do business in the Commonwealth; (iii) owner, proprietor, or
authorized custodian of any place within the Commonwealth; or (iv) museum owned
and managed by the Commonwealth, that employs a special conservator of the
peace shall notify the circuit court and the Department of Criminal
Justice Services within 30 days after the date such individual has left
employment and all powers of the special conservator of the peace shall be
void. 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.
E. F. When the application is made by any
chief law-enforcement officer, the circuit court shall specify in the order
of appointment the name of the applicant authorized under subsection A and the specific
geographic jurisdiction of or address where the special conservator
of the peace is authorized to serve. When the application is made by
any corporation authorized to do business in the Commonwealth; any owner,
proprietor, or authorized custodian of any place within the Commonwealth; or
any museum owned and managed by the Commonwealth, the circuit court shall
specify in the order of appointment the name of the applicant authorized under
subsection A and the specific address where the special conservator of the
peace is authorized to serve. Court appointments shall be limited to the
judicial circuit wherein application has been made. In the case of a
corporation or other business, the court appointment may also include, for good
cause shown, any real property owned or leased by the corporation or business,
including any subsidiaries, in other specifically named cities and counties,
but shall provide that the powers of the special conservator of the peace do
not extend beyond the boundaries of such real property and shall include the
specific addresses of such property. Effective July 1, 2004, the The
clerk of the appointing circuit court shall transmit a copy of the order of
appointment that shall specify the following information to the Department
of State Police: the person's complete name, address, date of birth, social
security number, gender, race, height, weight, color of hair, color of eyes,
firearm authority or limitation as set forth in subsection F G,
date of the order, and other information as may be required by the Department
of State Police. The Department of State Police shall enter the person's name
and other information into the Virginia Criminal Information Network
established and maintained by the Department pursuant to Chapter 2 (§
52-12 et seq.) of Title 52. The Department of State Police may charge a fee not
to exceed $10 to cover its costs associated with processing these orders. Each
special conservator of the peace so appointed on the application shall
present his credentials to the chief of police or sheriff or his designee of
all jurisdictions where he has conservator powers. If his powers are limited to
certain areas owned or leased by a corporation or business, he shall also
provide notice of the exact physical addresses of those areas. Each special
conservator shall provide a temporary registration letter issued by the
Department of Criminal Justice Services prior to seeking an appointment by the
circuit court. Once the applicant receives the appointment from the circuit
court the applicant shall file the appointment order and a copy of the application
with the Department of Criminal Justice Services in order to receive his
special conservator of the peace photo registration card
documentation.
If any such special conservator of the peace is the employee,
agent or servant of another, his appointment as special conservator of the
peace shall not relieve his employer, principal or master, from civil liability
to another arising out of any wrongful action or conduct committed by such
special conservator of the peace while within the scope of his employment.
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.
F. G. The court may limit or prohibit the
carrying of weapons by any special conservator of the peace initially appointed
on or after July 1, 1996, while the appointee is within the scope of his
employment as such.
H. Effective October 1, 2014, no special conservator of the
peace shall display or use the word "police" on any uniform, badge,
credential, or vehicle in the performance of his duties as a special
conservator of the peace. Other than special conservators of the peace employed
by a state agency, no special conservator of the peace shall use the seal of
the Commonwealth on any uniform, badge, credential, or vehicle in the
performance of his duties.
I. The circuit court shall retain jurisdiction for four
years over any order it enters pursuant to this section and may revoke such
appointment for good cause.
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