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2015 SESSION
15101016DBe it enacted by the General Assembly of Virginia:
1. That § 19.2-13 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-13. Special conservators of the peace; authority; jurisdiction; registration; bond; liability of employers; penalty; report.
A. Upon the application of (i) any sheriff or chief of police
of any county, city, or town; (ii) any corporation authorized to do business in
the Commonwealth; (iii) the owner, proprietor, or authorized custodian of any
place within the Commonwealth; or (iv) any museum owned and managed by the Commonwealth,
a circuit court judge of any county or city shall appoint special conservators
of the peace who shall serve as such for such length of time as the court may
designate, but not exceeding four years under any one appointment, upon a
showing by the applicant of a necessity for the security of property or the
peace and presentation of evidence that the person or persons to be appointed
as a special conservator of the peace possess a valid registration issued by
the Department of Criminal Justice Services in accordance with the provisions
of subsection B C. However, a judge may deny
the appointment for good cause, and shall state the specific reasons for the
denial in writing in the order denying the appointment. Upon
an application made pursuant to clause (ii), (iii), or (iv), the court shall, prior
to entering the order of appointment, transmit a copy of the
application to the local attorney for the Commonwealth and the local sheriff or
chief of police who may submit to the court a sworn, written
statement indicating whether the order of appointment should be granted.
The order of appointment may provide that a special conservator of the peace
shall have all the powers, functions, duties, responsibilities and authority of
any other conservator of the peace within such geographical limitations as the
court may deem appropriate within the confines of the county, city or town that
makes application or within the county, city or town where the corporate
applicant is located, limited, except as provided in subsection E F,
to the judicial circuit wherein application has been made, whenever such
special conservator of the peace is engaged in the performance of his duties as
such. The order may also provide that the special conservator of the peace is a
"law-enforcement officer" for the purposes of Article 4 (§ 37.2-808
et seq.) of Chapter 8 of Title 37.2 or Article 16 (§ 16.1-335 et seq.) of
Chapter 11 of Title 16.1. The order may also provide that the special
conservator of the peace is authorized to use the seal of the Commonwealth in a
badge or other credential of office as the court may deem appropriate. The
order may also provide that the special conservator of the peace may use the
title "police" on any badge or uniform worn in the performance of his
duties as such. The order may also provide that a special conservator of the
peace who has completed the minimum training standards established by the
Department of Criminal Justice Services, has the authority to affect arrests,
using up to the same amount of force as would be allowed to a law-enforcement
officer employed by the Commonwealth or any of its political subdivisions when
making a lawful arrest. The order also may (a) require the local sheriff or
chief of police to conduct a background investigation which may include a
review of the applicant's school records, employment records, or interviews
with persons possessing general knowledge of the applicant's character and
fitness for such appointment and (b) limit the use of flashing lights and
sirens on personal vehicles used by the conservator in the performance of his
duties. Prior to granting an application for appointment, the circuit court
shall ensure that the applicant has met the registration requirements
established by the Criminal Justice Services Board.
B. Effective September
15, 2004, no All applications for
appointments of special conservators of the peace shall be submitted on forms
developed by the Office of the Executive Secretary of
the Supreme Court of Virginia and shall specify the duties for which the
applicant is qualified.
C. No person shall seek appointment as a special conservator of the peace from a circuit court judge without possessing a valid registration issued by the Department of Criminal Justice Services, except as provided in this section. Applicants for registration may submit an application on or after January 1, 2004. A temporary registration may be issued in accordance with regulations established by the Criminal Justice Services Board while awaiting the results of a state and national fingerprint search. However, no person shall be issued a temporary registration until he has (i) complied with, or been exempted from the compulsory minimum training standards as set forth in this section, (ii) submitted his fingerprints on a form provided by the Department to be used for the conduct of a national criminal records search and a Virginia criminal history records search, and (iii) met all other requirements of this article and Board regulations. No person with a criminal conviction for a misdemeanor involving (a) moral turpitude, (b) assault and battery, (c) damage to real or personal property, (d) controlled substances or imitation controlled substances as defined in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2, (e) prohibited sexual behavior as described in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2, (f) firearms, or (g) any felony, shall be registered as a special conservator of the peace. All appointments for special conservators of the peace shall become void on September 15, 2004, unless they have obtained a valid registration issued by the Department of Criminal Justice Services.
C. D. Each
person registered as or seeking registration as a special conservator of the
peace shall be covered by (i) a cash bond, or a surety bond executed by a
surety company authorized to do business in the Commonwealth, in a reasonable
amount to be fixed by the Board, not to be less than $10,000, conditioned upon
the faithful and honest conduct of his business or employment; or (ii) evidence
of a policy of liability insurance or self-insurance in an amount and with
coverage as fixed by the Board. Any person who is aggrieved by the misconduct
of any person registered as a special conservator of the peace and recovers a
judgment against the registrant, which is unsatisfied in whole or in part, may
bring an action in his own name against the bond or insurance policy of the
registrant.
D. E. Individuals
listed in § 19.2-12, individuals who have complied with or been exempted pursuant
to subsection A of § 9.1-141, individuals employed as law-enforcement officers
as defined in § 9.1-101 who have met the minimum qualifications set forth in §
15.2-1705 shall be exempt from the requirements in subsections A through C D.
Further, individuals appointed under subsection A and employed by a private
corporation or entity that meets the requirements of subdivision (ii) of the
definition of criminal justice agency in § 9.1-101, shall be exempt from the
registration requirements of subsection A and from subsections B C
and C D
provided they have met the minimum qualifications set forth in § 15.2-1705. The
Department of Criminal Justice Services shall, upon request by the circuit
court, provide evidence to the circuit court of such employment prior to
appointing an individual special conservator of the peace. The employing agency
shall notify the circuit court within 30 days after the date such individual
has left employment and all powers of the special conservator of the peace shall
be void. Failure to provide such notification shall be punishable by a fine of
$250 plus an additional $50 per day for each day such notice is not provided.
E. F. When
the application is made, the circuit court shall specify in the order of
appointment the name of the applicant authorized under subsection A and the
geographic jurisdiction of the special conservator of the peace. Court
appointments shall be limited to the judicial circuit wherein application has
been made. In the case of a corporation or other business, the court
appointment may also include, for good cause shown, any real property owned or
leased by the corporation or business, including any subsidiaries, in other
specifically named cities and counties, but shall provide that the powers of
the special conservator of the peace do not extend beyond the boundaries of
such real property. Effective July 1, 2004, the clerk of the appointing circuit
court shall transmit a copy of the order of appointment that shall specify the
following information: the person's complete name, address, date of birth,
social security number, gender, race, height, weight, color of hair, color of
eyes, firearm authority or limitation as set forth in subsection F G,
date of the order, and other information as may be required by the Department
of State Police. The Department of State Police shall enter the person's name
and other information into the Virginia Criminal Information Network
established and maintained by the Department pursuant to Chapter 2 (§ 52-12 et
seq.) of Title 52. The Department of State Police may charge a fee not to
exceed $10 to cover its costs associated with processing these orders. Each
special conservator of the peace so appointed on application shall present his
credentials to the chief of police or sheriff or his designee of all
jurisdictions where he has conservator powers. If his powers are limited to
certain areas owned or leased by a corporation or business, he shall also
provide notice of the exact physical addresses of those areas. Each special
conservator shall provide a temporary registration letter issued by the
Department of Criminal Justice Services prior to seeking an appointment by the
circuit court. Once the applicant receives the appointment from the circuit
court the applicant shall file the appointment order with the Department of
Criminal Justice Services in order to receive his special conservator of the
peace photo registration card. If the court
appointment includes any real property owned or leased by the corporation or business
in other specifically named cities and counties not within the judicial circuit
wherein application has been made, the clerk of the appointing court shall
transmit a copy of the order of appointment to (i) the clerk of the circuit
court for each jurisdiction where the conservator of the peace has conservator
powers and (ii) the sheriff or chief of police of
each jurisdiction where the conservator of
the peace has conservator powers.
If any such special conservator of the peace is the employee, agent or servant of another, his appointment as special conservator of the peace shall not relieve his employer, principal or master, from civil liability to another arising out of any wrongful action or conduct committed by such special conservator of the peace while within the scope of his employment.
Effective July 1, 2002, no person employed by a local school board as a school security officer, as defined in § 9.1-101, shall be eligible for appointment as a conservator for purposes of maintaining safety in a public school in the Commonwealth. All appointments of special conservators of the peace granted to school security officers as defined in § 9.1-101 prior to July 1, 2002 are void.
F. G. The
court may limit or prohibit the carrying of weapons by any special conservator
of the peace initially appointed on or after July 1, 1996, while the appointee
is within the scope of his employment as such.
2. That the Supreme Court of Virginia shall establish reasonable judicial training regarding the use of application forms for the appointment of special conservators of the peace and the powers that may be granted in appointment orders to special conservators of the peace.