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2015 SESSION
15105058DBe 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 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.
3. That any existing special conservator of the peace appointed under a court order in effect on July 1, 2015, has 36 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.