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Developed and maintained by the Division of Legislative Automated Systems.
2003 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 9.1-400 of the Code of Virginia is amended and reenacted as follows:
§ 9.1-400. Title of chapter; definitions.
A. This chapter shall be known and designated as the Line of Duty Act.
B. As used in this chapter, unless the context requires a different meaning:
"Beneficiary" means the spouse of a deceased person and such persons as are entitled to take under the will of a deceased person if testate, or as his heirs at law if intestate.
"Deceased person" means any individual whose death occurs on or after April 8,
1972, as the direct or proximate result of the performance of his duty,
including the presumptions under §§ 27-40.1, 27-40.2, 51.1-813, and 65.2-402,
as a law-enforcement officer of the Commonwealth or any of its political
subdivisions; a correctional officer as defined in § 53.1-1; a jail officer; a
regional jail or jail farm superintendent; a sheriff, deputy sheriff, or city
sergeant or deputy city sergeant of the City of Richmond; a police chaplain in
the City of Virginia Beach; a member of any fire company or department or
rescue squad that has been recognized by an ordinance or a resolution of the
governing body of any county, city or town of the Commonwealth as an integral
part of the official safety program of such county, city or town; a member of
the Virginia National Guard or the Virginia State Defense Force while such
member is serving in the Virginia National Guard or the Virginia State Defense
Force on official state duty or federal duty under Title 32 of the United
States Code; any special agent of the Virginia Alcoholic Beverage Control
Board; any agent, investigator, or inspector vested with the power to arrest
pursuant to § 56-334; any regular or special game warden who receives
compensation from a county, city or town or from the Commonwealth appointed pursuant
to the provisions of § 29.1-200; any commissioned forest warden appointed under
the provisions of § 10.1-1135; any member or employee of the Virginia Marine
Resources Commission granted the power of arrest pursuant to § 28.2-900; any
Department of Emergency Management hazardous materials officer; any nonfirefighter
regional hazardous materials emergency response team member; or any conservation
officer of the Department of Conservation and Recreation commissioned pursuant
to § 10.1-115.
"Disabled person" means any individual who, as the direct or proximate result of the performance of his duty in any position listed in the definition of deceased person in this section, has become mentally or physically incapacitated so as to prevent the further performance of duty where such incapacity is likely to be permanent.
"Line of duty" means any action the deceased or disabled person was obligated or authorized to perform by rule, regulation, condition of employment or service, or law.