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2015 SESSION
15102652DBe 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 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; 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 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 anywhere contiguous to such real property
owned by or under the protection of the company, or anywhere while the special
conservator of the peace is in close pursuit to effectuate a lawful arrest
] , 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 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, 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 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 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
Department of Criminal Justice Services in consultation with ]
the Office of the Executive Secretary of the Supreme Court of Virginia [ and
shall , 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, (f) firearms, or (g) any felony, shall be
registered eligible for registration or appointment 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. 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 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.