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2015 SESSION
15105057DBe 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, during which time the court shall retain jurisdiction over the
appointment order, 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. A judge may also revoke the
appointment order for good cause shown, upon the filing of a sworn petition by
the attorney for the Commonwealth, sheriff, or chief of police for any locality
in which the special conservator of the peace is authorized to serve or by the
Department of Criminal Justice Services. Prior to revocation, a hearing shall
be set and the special conservator of the peace shall be given notice and the
opportunity to be heard. The judge may temporarily suspend the appointment
pending the hearing for good cause shown. A hearing on the petition shall be
given precedence on the docket of the court.
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, or (f) firearms, or
(g) for any felony, shall be registered as a special conservator of
the peace. Any appointment for a special conservator of the peace shall be
eligible for suspension and revocation after a hearing pursuant to subsection A
if the special conservator of the peace is convicted of any offense listed in
clauses (a) through (f) or of any felony. 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.