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Developed and maintained by the Division of Legislative Automated Systems.
2012 SESSION
Be 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; 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 Defense Force while such member is
serving in the Virginia National Guard or the Virginia 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 regular
or special conservation police officer 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 § 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; or any full-time sworn member of the
enforcement division of the Department of Motor Vehicles appointed pursuant to
§ 46.2-217.
"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. The term shall also include any state employee included in the definition of a deceased person who was disabled on or after January 1, 1966.
"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.