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2015 SESSION

15103882D
HOUSE BILL NO. 2263
Offered January 19, 2015
A BILL to amend Chapter 140 of the Acts of Assembly of 1986 by adding a section numbered 10.1 and to repeal § 10, as amended, of Chapter 140 of the Acts of Assembly of 1986, relating to Roanoke Regional Airport Commission; penalty.
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Patron-- Habeeb
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Referred to Committee on Militia, Police and Public Safety
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Be it enacted by the General Assembly of Virginia:

1. That Chapter 140 of the Acts of Assembly of 1986 is amended by adding a section numbered 10.1 as follows:

§ 10.1. Police powers; penalty.

The Commission shall have the authority to seek appointment of such law-enforcement officers as shall be permitted by applicable law. The Commission may establish and maintain a regular police department, or a private, public, or special purpose police department, to exercise full law-enforcement powers upon all facilities and property owned, operated, managed, leased, or maintained by or under the control of the Commission and within 100 yards of such facilities or property and employ police officers to enforce laws of the Commonwealth and all rules and regulations of the Commission and all other applicable statutes, ordinances, rules, and regulations on such facilities and property. A Commission police force and its police officers shall have all powers vested in local police forces and police officials under Virginia law upon such facilities and property. Any person appointed and employed as a Commission police officer pursuant to this section must meet the training requirements established by the Department of Criminal Justice Services under § 9.1-102 of the Code of Virginia and the requirements of § 9.1-114 of the Code of Virginia, or as otherwise applicable. Such police officers may issue summons to appear, arrest on view or on information without warrant as permitted by law, and conduct before any judicial officer or court of competent jurisdiction any person violating any law of the Commonwealth or rule or regulation of the Commission or other applicable statute, ordinance, rule, or regulation. The Commission may by resolution provide for the regulation of parking, stopping, and standing of vehicles within its property, including but not limited to blocking access to and preventing use of curb ramps and fire hydrants. The resolution may delegate to that department, official, or employee the authority to make and enforce any additional regulations concerning parking, stopping, and standing that may be required, including but not limited to penalties for violations, deadlines for the payment of fines, and late payment penalties for fines not paid when due. The resolution may also provide that a summons or parking ticket for the violation of an ordinance, resolution, or regulation may be issued by conservators of the peace, other law-enforcement officers, other uniformed Commission employees, or uniformed personnel serving under contract with the Commission.

The police force of the City of Roanoke shall have concurrent jurisdiction with any police force established by the Commission on Commission facilities and property located in the City of Roanoke. The police force of the County of Roanoke shall have concurrent jurisdiction with any police force established by the Commission on Commission facilities and property located in the County of Roanoke.

The Department of State Police shall exercise the same powers upon Commission facilities and property as elsewhere within the Commonwealth.

The Commission may enter into reciprocal or mutual aid agreements with a participating political subdivision in which Commission's facilities or property are located, the Commonwealth, or the United States government, or any agency thereof, or any combination of the foregoing, for cooperation in the furnishing of police services.

The Commission's employees meeting the minimum registration requirements of the Department of Criminal Justice Services may be appointed as special conservators of the peace by the circuit court of any participating political subdivision. The authority conferred upon such special conservators shall be exercised only upon the Commission's facilities and property located within such participating political subdivisions and shall be in all terms consistent with the requirements of Chapter 2 (§ 19.2-12 et seq.) of Title 19.2 of the Code of Virginia.

Such special conservators of the peace shall have all powers vested in officers under Chapter 2 (§ 19.2-12 et seq.) of Title 19.2 of the Code of Virginia and shall be authorized to enforce the Commission's rules and regulations and all other applicable statutes, ordinances, rules, and regulations of the United States and agencies and instrumentalities thereof and the Commonwealth and political subdivisions, agencies, and instrumentalities thereof upon all facilities and property owned, operated, managed, leased, or maintained by or under the control of the Commission and within 100 yards of such facilities or property, subject to and limited by the Commission's applicable policies, procedures, and regulations.

Such special conservators of the peace may issue summons to appear, arrest on view or on information without warrant as permitted by law, and conduct before any court of competent jurisdiction any person violating any rule or regulation of the Commission or other applicable statute, ordinance, rule, or regulation.

For the purpose of enforcing such statutes, ordinances, rules, and regulations, the court or courts having jurisdiction for the trial of criminal offenses of the participating political subdivision wherein the offense was committed shall have jurisdiction to try a person charged with violating any such statutes, ordinances, rules, and regulations.

If any person commits an assault or an assault and battery against another knowing or having reason to know that such other person is a Commission special conservator of the peace in the performance of such special conservator's duties on facilities or property owned, operated, managed, leased, or maintained by or under the control of the Commission or within 100 yards of such facilities or property, such person is guilty of a Class 6 felony, and, upon conviction, the sentence of such person shall include a mandatory minimum term of confinement of six months.

2. That § 10, as amended, of Chapter 140 of the Acts of Assembly of 1986 is repealed.