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2015 SESSION

15104797D
HOUSE BILL NO. 2263
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on Militia, Police and Public Safety
on February 6, 2015)
(Patron Prior to Substitute--Delegate Habeeb)
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; airport police department.

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.

The Commission may establish an airport police department with the authority 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 airport 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. The airport police department shall have concurrent jurisdiction with the police department of the City of Roanoke on Commission facilities and property located in the City of Roanoke and shall have concurrent jurisdiction with the police department of the County of Roanoke on Commission facilities and property located in the County of Roanoke. The authority of the airport police department shall not supersede the authority, duties, or jurisdiction vested by law with the local police department or sheriff's office, including as provided in §§ 15.2-1609 and 15.2-1704 of the Code of Virginia. The airport police department and airport police officers shall be subject to and comply with the Constitution of the United States; the Constitution of Virginia; the laws governing municipal police departments, including the provisions of §§ 9.1-600, 15.2-1705 through 15.2-1708, 15.2-1719, 15.2-1721, and 15.2-1722 of the Code of Virginia; and any regulations adopted by the Criminal Justice Services Board that the Department of Criminal Justice Services designates as applicable to private police departments. Any person employed as an airport police officer pursuant to this act shall meet all requirements, including the minimum compulsory training requirements, for law-enforcement officers pursuant to Chapter 1 (§ 9.1-100 et seq.) of Title 9.1 of the Code of Virginia. An airport police officer is not entitled to benefits under the Line of Duty Act (§ 9.1-400 et seq.) or under the Virginia Retirement System, is not a "qualified law-enforcement officer" or "qualified retired law-enforcement officer" within the meaning of the federal Law Enforcement Officers Safety Act, 18 U.S.C. § 926B et seq., and shall not be deemed an employee of the Commonwealth or any locality. The airport police department may use the word "police" to describe its sworn officers and may join a regional criminal justice academy created pursuant to Article 5 (§ 15.2-1747 et seq.) of Chapter 17 of Title 15.2 of the Code of Virginia.

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