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2004 SESSION


CHAPTER 181
An Act to amend and reenact §§ 3.1-796.104, 3.1-796.104:1, and 3.1-796.106 of the Code of Virginia, relating to animal control officer training.
[H 144]
Approved March 19, 2004

Be it enacted by the General Assembly of Virginia:

1. That §§ 3.1-796.104, 3.1-796.104:1, and 3.1-796.106 of the Code of Virginia are amended and reenacted as follows:

§ 3.1-796.104. Position of animal control officer created.

The governing body of each county or city shall, or each town may, appoint an officer to be known as the animal control officer who shall have the power to enforce this chapter, all ordinances enacted pursuant to this chapter and all laws for the protection of domestic animals. The governing body may also appoint one or more deputy animal control officers to assist the animal control officer in the performance of his duties. Animal control officers and deputy animal control officers shall have a knowledge of the animal control and protection laws of Virginia which they are required to enforce. When in uniform or upon displaying a badge or other credentials of office, animal control officers and deputy animal control officers shall have the power to issue a summons or obtain a felony warrant as necessary, providing the execution of such warrant shall be carried out by any law-enforcement officer as defined in § 9.1-101, to any person found in the act of violating any such law or any ordinance enacted pursuant to such law of the locality in which the animal control officer or deputy animal control officer is appointed. The animal control officer and the deputy animal control officers shall be paid as the governing body of each locality shall prescribe.

Any locality in which an animal control officer or deputy animal control officers have been appointed may contract with one or more additional localities for enforcement of animal protection and control laws by the animal control officers or deputy animal control officers. Any such contract may provide that the locality employing the animal control officer or deputy animal control officers shall be reimbursed a portion of the salary and expenses of the animal control officer or deputy animal control officers.

Every locality employing an animal control officer shall submit to the Department of Criminal Justice Services State Veterinarian, on a form provided by it him, information concerning the employment and training status of the animal control officers employed by the locality. The Department State Veterinarian may require that the locality notify the Department him of any change in such information.

§ 3.1-796.104:1. Training of animal control officers.

A. After April 1, 1999, every locality appointing animal control officers shall require that every animal control officer and deputy animal control officer completes the following training:

1. Within two years after appointment, a basic animal control course that has been approved by the Department of Criminal Justice Services and the State Veterinarian, which who may consult with the Department of Criminal Justice Services, Department of Social Services, Virginia Farm Bureau Federation, Virginia Animal Control Association, Virginia Veterinary Medical Association, Virginia Association of Counties, Virginia Municipal League, Virginia Federation of Humane Societies, or other appropriate agencies and sportsmen advocacy groups. The basic animal control course shall include training in recognizing suspected child abuse and neglect and information on how complaints may be filed and shall be approved and implemented by July 1, 2005; and

2. Every three years, additional training approved by the Department of Criminal Justice Services and the State Veterinarian, fifteen 15 hours of which shall be training in animal control and protection.

The Department of Criminal Justice Services and the State Veterinarian shall develop criteria to be used in approving training courses and shall provide an opportunity for public comment on proposed criteria before the final criteria are adopted.

Subdivision 1 of this subsection shall not apply to animal control officers or deputy animal control officers appointed before July 1, 1998. The State Veterinarian may grant exemptions from the requirements of subdivision 1 to animal control officers appointed on or after July 1, 1998, based on the animal control officer's previous training.

The State Veterinarian shall work to ensure the availability of these training courses through regional criminal justice training academies or other entities as approved by him. Based on information provided by authorized training entities, the State Veterinarian shall maintain the training records for all animal control officers for the purpose of documenting and ensuring that they are in compliance with this subsection.

B. Upon cause shown by a locality, the State Veterinarian may grant additional time during which the training required by subsection A may be completed by an animal control officer in such locality.

C. Any animal control officer that fails to complete the training required by subsection A shall be removed from office, unless the State Veterinarian has granted additional time as provided in subsection B.

§ 3.1-796.106. Humane investigators; qualifications; appointment; term.

A. A circuit court may reappoint any person as a humane investigator for any locality within its jurisdiction if the person:

1. Was appointed as a humane investigator prior to July 1, 2003; and

2. Has never been convicted of animal cruelty or neglect, any felony, or any crime of moral turpitude according to a criminal background check, which shall be performed by the attorney for the Commonwealth at the expense of the person seeking the appointment.

B. A circuit court may appoint a person to fill a vacancy in that jurisdiction created when a humane investigator who was appointed prior to July 1, 2003, is no longer willing or eligible to be a humane investigator, provided the person seeking appointment:

1. Has received a written recommendation from the administrative entity that oversees animal control in the locality where the humane investigator seeks appointment;

2. Has never been convicted of animal cruelty or neglect, any felony, or any crime of moral turpitude according to a criminal background check, which shall be performed by the attorney for the Commonwealth at the expense of the person seeking the appointment; and

3. Has completed a basic animal control course approved by the Department of Criminal Justice Services and the State Veterinarian pursuant to § 3.1-796.104:1.

C. A person residing outside the Commonwealth may be appointed as a humane investigator only if he is employed by a humane society located within the locality for which he is seeking appointment.

D. Reappointments of humane investigators shall be for terms of three years. Each humane investigator shall, during each term for which he is appointed, complete 15 hours of training in animal care and protection approved for animal control officers. If a humane investigator is appointed to a succeeding term before or within 30 days after his current term expires, a criminal background check shall not be required. If a humane investigator's term expires and he is not appointed to a succeeding term before or within 30 days after his current term expires, the humane investigator shall not be appointed to another term.