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2006 SESSION

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067761540
HOUSE BILL NO. 1276 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on Rehabilitation and Social Services on February 24, 2006) (Patron Prior to Substitute--Delegate Ware, R. L.) A BILL to amend and reenact § 4.1-105 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-509.1, relating to the investigators with the Office of the Attorney General and special agents of the Alcoholic Beverage Control Board; powers to enforce certain tobacco laws.

Be it enacted by the General Assembly of Virginia:

1.  That § 4.1-105 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 2.2-509.1 as follows:

§ 2.2-509.1.  Powers of investigators; enforcement of certain tobacco laws.

Investigators with the Office of the Attorney General as designated by the Attorney General shall be authorized to seize cigarettes as defined in § 3.1-336.1, which are sold, possessed, distributed, transported, imported, or otherwise held in violation of § 3.1-336.6 or 58.1-1037. In addition, such investigators shall be authorized to accompany and participate with special agents of the Alcoholic Beverage Control Board or other law-enforcement officials engaging in an enforcement action under § 3.1-336.6 or 58.1-1037, and in so doing such investigators shall be conservators of the peace under Chapter 2 (§ 19.2-12 et seq.) of Title 19.2.

§ 4.1-105. Police power of members, agents and employees of Board.

Members of the Board are vested, and such agents and employees of the Board designated by it shall be vested, with like power to enforce the provisions of (i) this title and the criminal laws of the Commonwealth as is vested in the chief law-enforcement officer of a county, city, or town; (ii) § 3.1-336.6; (iii) § 18.2-371.2; and (iii)(iv) § 58.1-1037.