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2002 SESSION

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021228820
HOUSE BILL NO. 540 Offered January 9, 2002 Prefiled January 8, 2002 A BILL to amend and reenact § 53.1-120 of the Code of Virginia, relating to courthouse and courtroom security; emergency. ---------- Patrons-- Landes and Weatherholtz; Senator: Hanger ---------- Referred to Committee on Militia, Police and Public Safety ----------

Be it enacted by the General Assembly of Virginia:

1. That § 53.1-120 of the Code of Virginia is amended and reenacted as follows:

§ 53.1-120. Sheriff to provide for courthouse and courtroom security; designation of deputies for such purpose.

A. Each sheriff shall designate deputies who shall ensure that the courthouses and courtrooms within his jurisdiction are secure from violence and disruption. A list of such designations shall be forwarded to the Director of the Department of Criminal Justice Services.

B. The chief circuit court judge, the chief general district court judge and the chief juvenile and domestic relations district court judge shall be responsible by agreement with the sheriff of the jurisdiction for the designation of courtroom security deputies for their respective courts. If the respective chief judges and sheriff are unable to agree on the number, type and working schedules of courtroom security deputies for the court, the matter shall be referred to the Compensation Board for resolution in accordance with existing budgeted funds and personnel.

C. B. The sheriff shall have the sole responsibility for the identity of the deputies designated for courtroom security.

C. Notwithstanding any other provision of law, unless a judge provides the sheriff with a written order stating that a substantial security risk exists in a particular case, no courtroom security deputies shall be ordered for a civil case, not more than one deputy shall be ordered for a criminal case in a district court, and not more than two deputies shall be ordered for a criminal case in a circuit court. In complying with an order for additional security, the sheriff may consider other deputies present in the courtroom as part of his security force.

2. That an emergency exists and this act is in force from its passage.