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2004 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 9.1-101 and 9.1-400 of the Code of Virginia are amended and reenacted as follows:
§ 9.1-101. Definitions.
As used in this chapter or in Chapter 23 (§ 19.2-387 et seq.) of Title 19.2, unless the context requires a different meaning:
"Administration of criminal justice" means performance of any activity directly involving the detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders or the collection, storage, and dissemination of criminal history record information.
"Board" means the Criminal Justice Services Board.
"Conviction data" means information in the custody of any criminal justice agency relating to a judgment of conviction, and the consequences arising therefrom, in any court.
"Correctional status information" means records and data concerning each condition of a convicted person's custodial status, including probation, confinement, work release, study release, escape, or termination of custody through expiration of sentence, parole, pardon, or court decision.
"Criminal history record information" means records and data collected by criminal justice agencies on adult individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, informations, or other formal charges, and any disposition arising therefrom. The term shall not include juvenile record information which is controlled by Chapter 11 (§ 16.1-226 et seq.) of Title 16.1, criminal justice intelligence information, criminal justice investigative information, or correctional status information.
"Criminal justice agency" means (i) a court or any other governmental agency or subunit thereof which as its principal function performs the administration of criminal justice and any other agency or subunit thereof which performs criminal justice activities, but only to the extent that it does so and (ii) for the purposes of Chapter 23 (§ 19.2-387 et seq.) of Title 19.2, any private corporation or agency which, within the context of its criminal justice activities employs officers appointed under § 15.2-1737, or special conservators of the peace or special policemen appointed under Chapter 2 (§ 19.2-12 et seq.) of Title 19.2, provided that (a) such private corporation or agency requires its officers, special conservators or special policemen to meet compulsory training standards established by the Criminal Justice Services Board and submits reports of compliance with the training standards and (b) the private corporation or agency complies with the provisions of Article 3 (§ 9.1-126 et seq.) of this chapter, but only to the extent that the private corporation or agency so designated as a criminal justice agency performs criminal justice activities. "Criminal justice agency" includes the Virginia State Crime Commission.
"Criminal justice agency" includes any program certified by the Commission on VASAP pursuant to § 18.2-271.2.
"Criminal justice information system" means a system including the equipment, facilities, procedures, agreements, and organizations thereof, for the collection, processing, preservation, or dissemination of criminal history record information. The operations of the system may be performed manually or by using electronic computers or other automated data processing equipment.
"Department" means the Department of Criminal Justice Services.
"Dissemination" means any transfer of information, whether orally, in writing, or by electronic means. The term shall not include access to the information by officers or employees of a criminal justice agency maintaining the information who have both a need and right to know the information.
"Law-enforcement officer" means any full-time or part-time employee of a police
department or sheriff's office which is a part of or administered by the
Commonwealth or any political subdivision thereof, and who is responsible for
the prevention and detection of crime and the enforcement of the penal, traffic
or highway laws of the Commonwealth, and shall include any (i) special agent of
the Department of Alcoholic Beverage Control; (ii) police agent appointed under
the provisions of § 56-353; (iii) officer of the Virginia Marine Police; (iv)
game warden who is a full-time sworn member of the enforcement division of the
Department of Game and Inland Fisheries; (v) agent, investigator, or inspector
appointed under § 56-334; (vi) investigator who is a full-time sworn member of
the security division of the State Lottery Department; or (vii) (vi)
conservation officer of the Department of Conservation and Recreation
commissioned pursuant to § 10.1-115. Part-time employees are those compensated
officers who are not full-time employees as defined by the employing police
department or sheriff's office. Full-time sworn members of the enforcement division
of the Department of Motor Vehicles meeting the Department of Criminal Justice
Services qualifications shall be deemed to be "law-enforcement officers" when
fulfilling their duties pursuant to § 46.2-217.
"School resource officer" means a certified law-enforcement officer hired by the local law-enforcement agency to provide law-enforcement and security services to Virginia public elementary and secondary schools.
"School security officer" means an individual who is employed by the local school board for the singular purpose of maintaining order and discipline, preventing crime, investigating violations of school board policies, and detaining students violating the law or school board policies on school property or at school-sponsored events and who is responsible solely for ensuring the safety, security, and welfare of all students, faculty, staff, and visitors in the assigned school.
§ 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; 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
other employee of the Department of Emergency Management who is performing official
duties of the agency, when those duties are related to a major disaster or
emergency, as defined in § 44-146.16, that has been or is later declared to
exist under the authority of the Governor in accordance with § 44-146.28; any
employee of any county, city, or town performing official emergency management or
emergency services duties in cooperation with the Department of Emergency
Management, when those duties are related to a major disaster or emergency, as
defined in § 44-146.16, that has been or is later declared to exist under the
authority of the Governor in accordance with § 44-146.28 or a local emergency,
as defined in subdivision 6 of § 44-146.16, declared by a local governing body;
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.