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2015 SESSION
15105280DBe it enacted by the General Assembly of Virginia:
1. That §§ 9.1-150.2, 15.2-1748, and 19.2-13 of the Code of Virginia are amended and reenacted as follows:
§ 9.1-150.2. Powers of Criminal Justice Services Board relating to special conservators of the peace appointed pursuant to § 19.2-13.
The Board may shall adopt regulations
establishing compulsory minimum, entry-level, in-service, and advanced training
standards for special conservators of the peace. The regulations may include
provisions delegating to the Board's staff the right to inspect the facilities
and programs of persons conducting training to ensure compliance with the law
and its regulations. In establishing compulsory training standards for special
conservators of the peace, the Board shall require training to be obtained
at a criminal justice training academy established pursuant to § 15.2-1747, or
at a private security training school certified by the Department, and shall
ensure the public safety and welfare against incompetent or unqualified persons
engaging in the activities regulated by this section. The regulations may
provide for exemption from training of persons having previous employment as
law-enforcement officers for a state or the federal government. However, no
such exemption shall be granted to persons having less than five continuous
years of such employment, nor shall an exemption be provided for any person whose
employment as a law-enforcement officer was terminated because of his
misconduct or incompetence or who has been decertified as a law-enforcement
officer. The regulations may include provisions for partial
exemption from such training for persons having previous training that meets or
exceeds the minimum training standards and has been approved by the Department.
The Board may also adopt regulations that (i) establish the qualifications of
applicants for registration; (ii) cause to be examined the qualifications of
each applicant for registration; (iii) provide for collection of fees for
registration and renewal that are sufficient to cover all expenses for
administration and operation of a program of registration; (iv) ensure
continued competency and prevent deceptive or misleading practices by
practitioners; (v) effectively administer the regulatory system promulgated by
the Board; (vi) provide for receipt of complaints concerning the conduct of any
person whose activities are regulated by the Board; (vii) provide for
investigations, and appropriate disciplinary action if warranted; and (viii)
allow the Board to revoke, suspend or refuse to renew a registration,
certification, or license for just cause as enumerated in regulations of the
Board. The Board shall not adopt compulsory, minimum, entry-level
training standards in excess of 24 98 hours for unarmed
special conservators of the peace or in excess of 40 and 130
hours for armed special conservators of the peace. In adopting its regulations,
the Board shall seek the advice of the Private Security Services Advisory Board
established pursuant to § 9.1-143.
§ 15.2-1748. Powers of the academies.
A. Upon organization of an academy, it shall be a public body
corporate and politic, the purposes of which shall be to establish and conduct
training for public law-enforcement and correctional officers, those being
trained to be public law-enforcement and correctional officers and,
other personnel who assist or support such officers, and those persons
seeking appointments as special conservators of the peace pursuant to § 19.2-13.
The persons trained by an academy need not be employed by a locality which
that has joined in the agreement creating the academy.
B. Criminal justice training academies may:
1. Adopt and have a common seal and alter that seal at the pleasure of the board of directors;
2. Sue and be sued;
3. Adopt bylaws and make rules and regulations for the conduct of its business;
4. Make and enter into all contracts or agreements, as it may determine are necessary, incidental or convenient to the performance of its duties and to the execution of the powers granted under this article;
5. Apply for and accept, disburse and administer for itself or for a member governmental unit any loans or grants of money, materials or property from any private or charitable source, the United States of America, the Commonwealth, any agency or instrumentality thereof, or from any other source;
6. Employ engineers, attorneys, planners and such other professional experts or consultants, and general and clerical employees as may be deemed necessary and prescribe such experts, consultants, and employees' powers, duties, and compensation;
7. Perform any acts authorized under this article through or by means of its own officers, agents and employees, or by contracts with any person, firm or corporation;
8. Acquire, whether by purchase, exchange, gift, lease or otherwise, any interest in real or personal property, and improve, maintain, equip and furnish academy facilities;
9. Lease, sell, exchange, donate and convey any interest in any or all of its projects, property or facilities in furtherance of the purposes of the academy as set forth in this article;
10. Accept contributions, grants and other financial assistance from the United States of America and its agencies or instrumentalities thereof, the Commonwealth, any political subdivision, agency or public instrumentality thereof or from any other source, for or in aid of the construction, acquisition, ownership, maintenance or repair of the academy facilities, for the payment of principal of, or interest on, any bond of the academy, or other costs incident thereto, or make loans in furtherance of the purposes of this article of such money, contributions, grants, and other financial assistance, and comply with such conditions and to execute such agreements, trust indentures, and other legal instruments as may be necessary, convenient or desirable and agree to such terms and conditions as may be imposed;
11. Borrow money from any source for capital purposes or to cover current expenditures in any given year in anticipation of the collection of revenues;
12. Mortgage and pledge any or all of its projects, property or facilities or parts thereof and pledge the revenues therefrom or from any part thereof as security for the payment of principal and premium, if any, and interest on any bonds, notes or other evidences of indebtedness;
13. Create an executive committee which may exercise the powers and authority of the academy under this article pursuant to authority delegated to it by the board of directors;
14. Establish fees or other charges for the training services provided;
15. Exercise the powers granted in the agreement creating the academy; and
16. Execute any and all instruments and do and perform any and all acts necessary, convenient or desirable for its purposes or to carry out the powers expressly given in this article.
§ 19.2-13. Special conservators of the peace; authority; jurisdiction; registration; bond; liability of employers; penalty; report.
A. Upon the submission of an application of,
which shall include a temporary letter of qualification and results of a
background investigation, from (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, which shall not include any local government, its
departments, or its agents, unless otherwise authorized under clause (i);
or (iv) any museum owned and managed by the Commonwealth, a circuit court judge
of any county or city shall may 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
temporary letter of qualification issued by the Department of Criminal
Justice Services in accordance with the provisions of subsection B. However,
a Notice of the application, the temporary letter of qualification, and
results of the applicant's background check shall be given by the applicant to
the chief law-enforcement officer and the attorney for the Commonwealth of the
county, city, or town where the application is made, who may file a motion on
whether a necessity for the security of property or the peace exists and
whether the applicant is qualified for the appointment. 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. 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 on the real property
where the corporate applicant is located, or any property contiguous to such
property, limited, except as provided in subsection E, 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 provide that the special conservator of the peace shall have the
authority to make an arrest outside of such geographical limitations if the
arrest results from a close pursuit that was initiated when the special
conservator of the peace was within the confines of the area wherein he has
been authorized to have the powers and authority of a special conservator of
the peace; the order may further delineate a geographical limitation or
distance beyond which the special conservator of the peace may not effectuate
such an arrest that follows from a close pursuit. The order shall
require the special conservator of the peace to comply with the provisions of
the United States Constitution and the Constitution of Virginia. The order
shall not identify the special conservator of the peace as a law-enforcement
officer pursuant to § 9.1-101. The order may also provide,
however, 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, but such designation shall not qualify the special
conservator of the peace as a "qualified law-enforcement officer" or
"qualified retired law-enforcement officer" within the meaning of the
federal Law Enforcement Officer Safety Act, 18 U.S.C. § 926 B et seq.
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 shall prohibit the special conservator of the peace may use
from using the title "police" on any badge or,
uniform worn, or vehicle displayed 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, Board 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
shall prohibit the use of blue flashing lights and sirens on any
personal or business vehicles used by the conservator in the performance
of his duties, except that the prohibition on the use of sirens shall not
apply to business vehicles used by a conservator employed by a corporation that
employs 10,000 or more employees at a single location in the Commonwealth.
The order shall prohibit the special conservator of the peace from displaying
any insignia or words indicating he is a law-enforcement officer. 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 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 All applications and orders 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, which shall
consult with the Department of Criminal Justice Services. The applications and
orders shall specify the geographic limitations consistent with subsection A.
The Department shall issue a temporary letter of qualification to an applicant
who 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) submitted the results of a
background investigation, performed by any state or local law-enforcement
agency, which may, at its discretion, charge a reasonable fee to the applicant,
and 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 (iv) 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, or
(f) firearms, or (g) any felony, or who is required to register with
the Sex Offender and Crimes Against Minors Registry pursuant to Chapter 9 (§
9.1-900 et seq.) of Title 9.1 shall be registered eligible for
registration or appointment as a special conservator of the peace. A
special conservator of the peace shall report if he is arrested for any
misdemeanor or felony offense to the Department and the chief law-enforcement
officer of the locality in which he has an appointment within 15 days of the
arrest. 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. 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. 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. 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 and C 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. Effective July 1, 2015, all persons seeking
appointment or reappointment as a special conservator of the peace are required
to register with the Department of Criminal Justice Services, regardless of any
other standing the person may have as a law-enforcement officer or other
position requiring registration or licensure by the Department. The
employing agency employer of any special conservator of the peace
shall notify the circuit court, the Department of Criminal Justice Services,
and the Department of State Police 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. When the application is made by any sheriff or chief of
police, the circuit court shall specify in the order of appointment the
name of the applicant authorized under subsection A and the geographic
jurisdiction of where the special conservator of the peace is
authorized to serve. Court When the application is made by any
corporation authorized to do business in the Commonwealth, any owner,
proprietor, or authorized custodian of any place within the Commonwealth, or
any museum owned and managed by the Commonwealth, the circuit court shall
specify in the order of appointment the name of the applicant authorized under
subsection A and the specific real property where the special conservator of
the peace is authorized to serve. Such appointments shall be limited to the
judicial circuit specific real property within the county, city, or town
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
The clerk of the appointing circuit court shall transmit a copy of the
order of appointment that shall specify the following information to the
Department of State Police: 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,
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 real property 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 to the circuit court a
temporary registration letter of qualification issued by the
Department of Criminal Justice Services, to include the results of the
background check, 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 and a copy of the application
with the Department of Criminal Justice Services in order to receive his
special conservator of the peace photo registration card
document.
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. 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.
G. The circuit court shall retain jurisdiction for four years over any order it enters pursuant to this section and may revoke such appointment at any time for good cause shown.
H. Effective January 1, 2016, no special conservator of the peace shall display or use the word "police" on any uniform, badge, credential, or vehicle or use blue flashing lights and sirens on any personal or business vehicle in the performance of his duties as a special conservator of the peace, except that the prohibition on the use of sirens shall not apply to business vehicles used by a conservator employed by a corporation that employs 10,000 or more employees at a single location in the Commonwealth. No special conservator of the peace shall be permitted to display any insignia or words indicating that he is a law-enforcement officer. Other than special conservators of the peace employed by a museum owned and managed by the Commonwealth, no special conservator of the peace shall use the seal of the Commonwealth on any uniform, badge, credential, or vehicle in the performance of his duties as a special conservator of the peace.
2. That any existing special conservator of the peace appointed under a court order in effect on July 1, 2015, has 24 months to comply with the new compulsory, minimum, entry-level training standards and requirements as may be established pursuant to this act following his appointment.