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2003 SESSION

026319736
HOUSE BILL NO. 506
Offered January 9, 2002
Prefiled January 8, 2002
A BILL to amend and reenact §§ 9.1-301 and 9.1-501 of the Code of Virginia, relating to right to counsel during investigations of law-enforcement officers and firefighters.
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Patrons-- Drake, Cosgrove, Devolites, Hall, Joannou, Marshall, D.W., Purkey and Rapp
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Referred to Committee on Militia, Police and Public Safety
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Be it enacted by the General Assembly of Virginia:

1. That §§ 9.1-301 and 9.1-501 of the Code of Virginia are amended and reenacted as follows:

§ 9.1-301. (Effective October 1, 2001) Conduct of interrogation.

The provisions of this section shall apply whenever a firefighter or emergency medical technician is subjected to an interrogation which that could lead to dismissal, demotion or suspension for punitive reasons:

1. The interrogation shall take place at the facility where the investigating officer is assigned, or at the facility which that has jurisdiction over the place where the incident under investigation allegedly occurred, as designated by the investigating officer.

2. No firefighter or emergency medical technician shall be subjected to interrogation without first receiving written notice of sufficient detail of the investigation in order to reasonably apprise the firefighter or emergency medical technician of the nature of the investigation.

3. All interrogations shall be conducted at a reasonable time of day, preferably when the firefighter or emergency medical technician is on duty, unless the matters being investigated are of such a nature that immediate action is required.

4. The firefighter or emergency medical technician under investigation shall be informed of the name, rank, and unit or command of the officer in charge of the investigation, the interrogators, and all persons present during any interrogation.

5. Interrogation sessions shall be of reasonable duration and the firefighter or emergency medical technician shall be permitted reasonable periods for rest and personal necessities.

6. The firefighter or emergency medical technician being interrogated shall not be subjected to offensive language or offered any incentive as an inducement to answer any questions.

7. If a recording of any interrogation is made, and if a transcript of the interrogation is made, the firefighter or emergency medical technician under investigation shall be entitled to a copy without charge. Such record may be electronically recorded.

8. No firefighter or emergency medical technician shall be discharged, disciplined, demoted, denied promotion or seniority, or otherwise disciplined or discriminated against in regard to his employment, or be threatened with any such treatment as retaliation for his exercise of any of the rights granted or protected by this chapter.

9. The firefighter or emergency medical technician under investigation shall have the right to be represented by counsel at all stages of the proceeding.

§ 9.1-501. (Effective October 1, 2001) Conduct of investigation.

The provisions of this section shall apply whenever an investigation by an agency focuses on matters which that could lead to the dismissal, demotion, suspension or transfer for punitive reasons of a law-enforcement officer:

1. Any questioning of the officer shall take place at a reasonable time and place as designated by the investigating officer, preferably when the officer under investigation is on duty and at the office of the command of the investigating officer or at the office of the local precinct or police unit of the officer being investigated, unless matters being investigated are of such a nature that immediate action is required.

2. Prior to the officer being questioned, he shall be informed of (i) the name and rank of the investigating officer and of any individual to be present during the questioning and (ii) the nature of the investigation.

3. When a blood or urine specimen is taken from a law-enforcement officer for the purpose of determining whether the officer has used drugs or alcohol, the specimen shall be divided and placed into two separate containers. One specimen shall be tested while the other is held in a proper manner to preserve the specimen by the facility collecting or testing the specimen. Should the first specimen test positive, the law-enforcement officer shall have the right to require the second specimen be sent to a laboratory of his choice for independent testing in accordance generally with the procedures set forth in §§ 18.2-268.1 through 18.2-268.12. The officer shall notify the chief of his agency in writing of his request within ten days of being notified of positive specimen results. The laboratory chosen by the officer shall be on the approved list of the Division of Forensic Science.

4. The law-enforcement officer under investigation shall have the right to be represented by counsel at all stages of the proceeding.