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2000 SESSION

000295216
HOUSE BILL NO. 799
Offered January 21, 2000
A BILL to amend and reenact §§ 44-123.1 and 52-8.1 of the Code of Virginia and to add sections numbered 44-123.2 and 44-123.3 to the Code of Virginia, relating to the establishment of Fort Pickett Reservation and police force.
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Patrons-- Ruff, Albo, Councill, Dudley, Ingram, Landes, Sherwood, Wardrup and Weatherholtz; Senators: Holland and Lucas
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Referred to Committee on Militia and Police
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Be it enacted by the General Assembly of Virginia:

1. That §§ 44-123.1 and 52-8.1 of the Code of Virginia are amended and reenacted, and that the Code of Virginia is amended by adding sections numbered §§ 44-123.2 and 44-123.3 as follows:

§ 44-123.1. Armory defined.

As used in this chapter, unless otherwise provided, the meaning of "armory" shall include training or logistical support facilities, such as, but not limited to, maintenance facilities, training areas, facilities at the State Military Reservation, Virginia Beach, Virginia, and the Fort Pickett Maneuver Training Center.

§ 44-123.2. Fort Pickett Reservation; created; venue.

A. All those lands and improvements thereon constituting the special maritime and territorial jurisdiction of the United States formerly known as Fort Pickett, Virginia, to specifically include but not be limited to those lands licensed by the Department of the Army to the Virginia Army National Guard on October 1, 1997 approximating 41,000 acres known as the Fort Pickett Maneuver Training Center as well as those lands designated for transfer to the Nottoway County Local Reuse Authority by the United States Base Realignment and Closure Commission of 1996 approximating 4,100 acres, are hereby designated as the Fort Pickett Reservation.

B. Venue for all civil, criminal and traffic matters occurring on the Fort Pickett Reservation shall lie in Nottoway County.

§ 44-123.3. Fort Pickett Police; powers, duties and functions. There is hereby established within the Department of Military Affairs the Fort Pickett Police Department. The Fort Pickett Police may exercise within the limits of the Fort Pickett Reservation and, when assigned to any other property owned or controlled by the Commonwealth or any agency, department, institution or commission thereof, all the powers, duties and functions that are exercised by the police of the city, or the police or sheriff of the county within which said property is located. The jurisdiction of the Fort Pickett Police shall further extend 300 feet beyond the boundary of any property they are required to protect, such jurisdiction to be concurrent with that of other law-enforcement officers of the locality in which such property is located. All members of the Fort Pickett Police shall be subject to the provisions of Chapter 10.1 (§ 2.1-116.1 et seq.) of Title 2.1 and to the provisions of Chapter 10.01 (§ 2.1-116.01 et seq.) of Title 2.1. The Fort Pickett Police Force shall be under the supervision of the Adjutant General, or his designee.

§ 52-8.1. Powers and duties of Bureau of Criminal Investigation.

In addition to any other powers and duties which may be provided by statute or otherwise, the Bureau of Criminal Investigation shall conduct an investigation into any matter referred to it by the Governor. The Bureau of Criminal Investigation shall, when requested by the Attorney General, any sheriff, chief of police, attorney for the Commonwealth or grand jury, conduct an investigation into the subject matter so directed or requested, if the person or grand jury making the request has reasonable cause to believe the acts committed or about to be committed would constitute a Class 1, 2 or 3 felony, to determine whether any such criminal violations have occurred, are occurring or are about to occur. The Bureau shall, with the assistance of the Fort Pickett Police, conduct an investigation into any felony occurring on the Fort Pickett State Military Reservation. The Bureau may, in all other requests for investigations made by the Attorney General, any sheriff, chief of police, attorney for the Commonwealth or grand jury, conduct an investigation into the subject matter so requested, to determine whether any criminal violations have occurred, are occurring or are about to occur.

2. The Virginia Department of Military Affairs, and the Virginia Department of State Police may promulgate such regulations as are necessary to carry out this enactment.