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2003 SESSION
032140540Be 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 employee of the
Department of Emergency Management hazardous materials officer; any
employee of any county, city or town performing emergency management or emergency services
duties; 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.