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2015 SESSION

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HB 2206 Conservators of the peace, special; application for appointment.

Introduced by: Jeffrey L. Campbell | all patrons    ...    notes | add to my profiles | history

SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION:

Special conservators of the peace; training, orders of appointment, registration, etc. Makes various changes to the laws providing for the appointment of special conservators of the peace, including (i) requiring the Criminal Justice Services Board to adopt regulations establishing compulsory training standards of 98 hours for unarmed special conservators of the peace and 130 hours for armed special conservators of the peace; (ii) specifying that the court retains jurisdiction over the special conservator of the peace's appointment order throughout the length of the appointment; (iii) providing that a copy of the application for appointment of a special conservator of the peace shall be transmitted 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 regarding the appointment; (iv) providing a process for the revocation of a special conservator of the peace's appointment; (v) restricting the geographical limitations of a special conservator of the peace appointed to provide services for a corporate applicant to the real property where the applicant is located, or any real property contiguous to such property; (vi) providing that the appointment order may permit the special conservator of the peace to use the seal of the Commonwealth and the title "police" upon request for good cause shown; (vii) prohibiting the special conservator of the peace from using blue flashing lights, but providing that the appointment order may permit the use of flashing lights and sirens upon request and for good cause shown; (viii) requiring that the appointment order specify the geographical limitations of the special conservator of the peace's authority; (ix) requiring all applicants for temporary registration to submit the results of a background investigation to the Department of Criminal Justice Services (the Department); (x) prohibiting persons required to register with the Sex Offender and Crimes Against Minors Registry from being appointed as special conservators of the peace; (xi) requiring a special conservator of the peace to report if he is arrested for, charged, with, or convicted of certain misdemeanor or felony offenses within 3 days; (xii) removing the option for a special conservator of the peace to be covered by a bond in lieu of insurance; (xiii) requiring all persons currently appointed or seeking appointment or reappointment as a special conservator of the peace to register with the Department; and (xiv) permitting localities to enter into mutual aid agreements with any entity employing special conservators of the peace that is located in such locality for the use of their joint forces and their equipment to maintain peace and good order. The bill provides that any existing special conservator of the peace has 36 months to comply with any new compulsory, minimum, entry-level training standards and requirements established following his appointment. This bill is identical to SB 1195.

SUMMARY AS PASSED:

Special conservators of the peace; training, orders of appointment, registration, etc. Makes various changes to the laws providing for the appointment of special conservators of the peace, including (i) requiring the Criminal Justice Services Board to adopt regulations establishing compulsory minimum training standards of 98 hours for unarmed special conservators of the peace and 130 hours for armed special conservators of the peace; (ii) specifying that the court retains jurisdiction over the special conservator of the peace's appointment order throughout the length of the appointment; (iii) providing that a copy of the application for appointment of a special conservator of the peace shall be transmitted 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 regarding the appointment; (iv) providing a process for the revocation of a special conservator of the peace's appointment; (v) restricting the geographical limitations of a special conservator of the peace appointed to provide services for a corporate applicant to the real property where the applicant is located, or any real property contiguous to such property; (vi) providing that the appointment order may permit the special conservator of the peace to use the seal of the Commonwealth and the title "police" upon request for good cause shown; (vii) prohibiting the special conservator of the peace from using blue flashing lights, but providing that the appointment order may permit the use of flashing lights and sirens upon request and for good cause shown; (viii) requiring that the appointment order specify the geographical limitations of the special conservator of the peace's authority; (ix) requiring all applicants for temporary registration to submit the results of a background investigation to the Department of Criminal Justice Services (the Department); (x) prohibiting persons required to register with the Sex Offender and Crimes Against Minors Registry from being appointed as special conservators of the peace; (xi) requiring all persons seeking appointment or reappointment as a special conservator of the peace to register with the Department; and (xii) permitting localities to enter into mutual aid agreements with any entity employing special conservators of the peace that is located in such locality for the use of their joint forces and their equipment to maintain peace and good order. The bill provides that any existing special conservator of the peace has 36 months to comply with any new compulsory, minimum, entry-level training standards and requirements established following his appointment. This bill is identical to SB 1195.

SUMMARY AS INTRODUCED:

Special conservators of the peace; application; appointment order. Requires applications for appointments of special conservators of the peace to be submitted on forms developed by the Office of the Executive Secretary of the Supreme Court of Virginia, and further requires that the Supreme Court shall establish reasonable judicial training regarding the use of such forms and the powers that may be granted in appointment orders. The bill also requires that if an appointment order grants a special conservator powers over property not within the judicial circuit of the appointing court, the clerk of the appointing court shall transmit a copy of the appointment order to the circuit court clerk and the sheriff or chief of police of each jurisdiction where the conservator has powers. The bill also provides that upon receipt of an application for the appointment of a special conservator by any party other than a sheriff or chief of police, the court shall, prior to entering the appointment order, 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.