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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
1994 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 9-182, 9-183.1, 9-183.2, 9-183.3, 9-183.8, and 9-183.9 of the Code of Virginia are amended and reenacted as follows:
§ 9-182. Compulsory training standards for private security services business personnel.
A. The Board shall have the power to issue regulations pursuant to Chapter
1.1:1 (§ 9-6.14:1 et seq.) of this title, establishing compulsory minimum,
entry-level, in-service, and advanced training standards for persons employed
by private security services businesses as armored car personnel, or as
couriers, guards security officers, guard dog handlers, or
private investigators, or private detectives as the foregoing
classifications are defined in § 9-183.1 and may include provisions in such
regulations delegating to its staff the right to inspect the facilities and
programs of persons conducting training to ensure compliance with the law and
its regulations. In establishing by regulation compulsory training standards
for each of the foregoing classifications, the Board shall be guided by the
policy of this section which is to secure the public safety and welfare
against incompetent or unqualified persons engaging in the activities
regulated by this section and Article 2.1 (§ 9-183.1 et seq.) of this title.
The regulations may provide for exemption from such training for 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.
B. The Board shall have the power to promulgate regulations pursuant to the Administrative Process Act (§ 9-6.14:1 et seq.) to secure the public safety and welfare against incompetent, unqualified, unscrupulous, or unfit persons engaging in the activities of private security services businesses as follows:
1. To establish the qualifications of applicants for registration or licensure under Article 2.1 of Chapter 27 of this title;
2. To examine, or cause to be examined, the qualifications of each applicant for registration or licensure, including when necessary the preparation, administration and grading of examinations;
3. To certify or license qualified applicants as practitioners of private security services businesses;
4. To levy and collect fees for registration or licensure and renewal that are sufficient to cover all expenses for administration and operation of a program of registration and licensure for private security services businesses;
5. To promulgate regulations necessary to ensure continued competency, and to prevent deceptive or misleading practices by practitioners and to effectively administer the regulatory system promulgated by the Board;
6. To receive complaints concerning the conduct of any person whose activities are regulated by the Board, to conduct investigations, and to take appropriate disciplinary action if warranted; and
7. To revoke, suspend or fail to renew a registration or license for just cause as enumerated in regulations of the Board.
C. In promulgating its regulations under subsections A and B of this section, the Board shall seek the advice of the Private Security Services Advisory Board established pursuant to § 9-183.5.
§ 9-183.1. Definitions.
As used in this chapter, unless the context requires a different meaning:
"Armed guard security officer" means a guard
security officer, as defined below, who carries or has immediate access
to a firearm or other deadly weapon in the performance of his duties.
"Armored car personnel" means persons who transport or offer to transport under armed security from one place to another, money, negotiable instruments or other valuables in a specially equipped motor vehicle with a high degree of security and certainty of delivery.
"Board" means the Criminal Justice Services Board or any successor board or agency.
"Compliance agent" means a natural person who owns or is employed by a licensed private security services business to ensure the compliance of the private security services business with this title.
"Courier" means any armed person who transports or offers to transport from one place to another documents or other papers, negotiable or nonnegotiable instruments, or other small items of value that require expeditious services.
"Department" means the Department of Criminal Justice Services or any successor agency.
"Guard" means any person employed by a private security services business
to safeguard and protect persons and property or to prevent theft,
loss, or concealment of any tangible or intangible personal property.
"Guard dog handler" means any person employed by a private security services business to handle dogs in the performance of duty in protection of property or persons.
"Person" means any individual, group of individuals, firm, company, corporation, partnership, business, trust, association, or other legal entity.
"Private investigator" or "private detective" means any person who
engages in the business of, or accepts employment to make, investigations to
obtain information on (i) crimes or civil wrongs; (ii) the location,
disposition, or recovery of stolen property; (iii) the cause of accidents,
fires, damages, or injuries to persons or to property; or (iv) evidence to be
used before any court, board, officer, or investigative committee.
"Private security services business" means any person engaged in the business
of providing, or who undertakes to provide, armored car personnel, guards
security officers, private investigators, private
detectives, couriers, or guard dog handlers, to another person under
contract, express or implied.
"Registration" means a method of regulation whereby certain personnel employed by a private security services business are required to obtain a registration from the Department pursuant to this article.
"Security officer" means any person employed by a private security services business to safeguard and protect persons and property or to prevent theft, loss, or concealment of any tangible or intangible personal property.
"Unarmed guard security officer" means a guard
security officer who does not carry or have immediate access to a
firearm or other deadly weapon in the performance of his duties.
§ 9-183.2. Exceptions.
The provisions of this article shall not apply to the following:
1. An officer or employee of the United States of America, or of this Commonwealth or a political subdivision of either, while the employee or officer is performing his official duties.
2. A person engaged exclusively in the business of obtaining and furnishing information regarding an individual's financial rating or a person engaged in the business of a consumer reporting agency as defined by the Federal Fair Credit Reporting Act.
3. An attorney licensed to practice in Virginia or his employees.
4. The legal owner of personal property which has been sold under any security agreement while performing acts relating to the repossession of such property.
5. A person receiving compensation for private employment as a guard
security officer who also has full-time employment as a
law-enforcement officer employed by the Commonwealth or any political
subdivision thereof.
6. Any person appointed under § 56-277.1 or § 56-353 while engaged in the employment contemplated thereunder, unless they have successfully completed training mandated by the Department.
7. Persons who are regularly employed to investigate accidents or to adjust claims and who do not carry weapons in the performance of their duties.
8. Regular employees of persons engaged in other than the private security services business, where the regular duties of such employees primarily consist of protecting the property of their employers. Any such employee who carries a firearm and is in direct contact with the general public in the performance of his duties shall possess a valid registration with this Department as provided in subsection B of § 9-183.3. "General public" means individuals who have access to areas open to all and not restricted to any particular class of the community.
9. Persons, sometimes known as "shoppers," employed to purchase goods or services solely for the purpose of determining or assessing the efficiency, loyalty, courtesy, or honesty of the employees of a business establishment.
10. Licensed or registered private investigators from other states entering Virginia during an investigation originating in their state of licensure or registration when the other state offers similar reciprocity to private investigators licensed and registered by the Commonwealth of Virginia.
11. Unarmed regular employees of telephone public service companies where the regular duties of such employees consist of protecting the property of their employers and investigating the usage of telephone services and equipment furnished by their employers, their employers' affiliates, and other communications common carriers.
§ 9-183.3. Licensing and registration.
A. No person shall engage in the private security services business in this Commonwealth without having obtained a license from the Department. No person shall be issued a private security services business license until a compliance agent is designated in writing on forms provided by the Department. The compliance agent shall assure the compliance of the private security services business with this article and shall meet the qualifications and perform the duties required by the regulations promulgated by the Department.
B. No person shall be employed by a licensed private security services
business in this Commonwealth as armored car personnel, courier, armed
guard security officer, guard dog handler, or private
investigator or private detective without possessing a valid
registration issued by the Department. No person shall be issued a
registration until he has (i) complied with, or been exempted from the
compulsory minimum training standards established by the Board, pursuant to
subsection A of § 9-182, for armored car personnel, couriers, armed
guards security officers, guard dog handlers, or
private investigators or private detectives and (ii) submitted his
fingerprints to be used for the conduct of a National Criminal Records search
and a Virginia Criminal History Records search, and the results of such
searches have been submitted to the Department; however, a temporary
registration may be issued as provided in the regulation for the purpose of
awaiting the results of the state and national fingerprint search.
C. A licensed private security services business in this Commonwealth shall
not employ as an unarmed guard security officer any person who
has not complied with, or been exempted from, the compulsory minimum training
standards established by the Board, pursuant to subsection A of § 9-182 for
unarmed guards security officers, except that such person may
be so employed for not more than 120 days while completing compulsory minimum
training standards.
D. The compliance agent of each licensed private security services business
shall maintain documentary evidence that each unarmed guard
security officer employee has complied with, or been exempted from, the
compulsory minimum training standards required by the Board for unarmed
guards security officers and that an investigation to determine
suitability of each unarmed guard security officer employee has
been conducted, except that any such unarmed guard security
officer, upon initiating a request for such investigation under the
provisions of subdivision 11 of subsection A of § 19.2-388, may be employed
for up to thirty days pending completion of such investigation. No person
with a criminal record of a misdemeanor involving moral turpitude or any
felony shall be employed as an unarmed guard security officer,
except that, upon written request, the Director of the Department of Criminal
Justice Services may waive such prohibition.
E. The Department may grant a temporary exemption from the requirement of a license or application for a registration for a period of not more than thirty days in a situation deemed an emergency by the Department.
§ 9-183.8. Powers of registered armed security officers; limitations.
Compliance with the provisions of this article shall not itself authorize any
person to carry a concealed weapon or exercise any powers of a conservator of
the peace. A registered armed guard security officer of a
private security services business while at a location which the business is
contracted to protect shall have the power to effect an arrest for an offense
occurring (i) in his presence on such premises or (ii) in the presence of a
merchant, agent, or employee of the merchant the private security business
has contracted to protect, if the merchant, agent, or employee had probable
cause to believe that the person arrested had shoplifted or committed willful
concealment of goods as contemplated by § 18.2-106. For the purposes of §
19.2-74, a registered armed guard security officer of a private
security services business shall be considered an arresting officer.
§ 9-183.9. Penalties.
A. It shall be a Class 1 misdemeanor for any person required to possess a
registration under subsection B of § 9-183.3 to be employed by a private
security services business as armored car personnel, courier, armed
guard security officer, guard dog handler, or private
investigator, or private detective without possessing a valid
registration.
B. It shall be a Class 1 misdemeanor for any person licensed or required to
be licensed under subsection A of § 9-183.3 to employ or otherwise utilize as
armored car personnel, courier, armed guard security officer,
guard dog handler, or private investigator, or private detective
any person not possessing a valid registration.
C. It shall be a Class 1 misdemeanor for any compliance agent employed or
otherwise utilized by a person licensed or required to be licensed under §
9-183.3 A, to employ or otherwise utilize as an unarmed guard
security officer, except as provided in this article, any individual for
whom the compliance agent does not possess documentary evidence of compliance
with, or exemption from, the compulsory minimum training standards
established by the Board for unarmed guards security officers
and documentary evidence that an investigation to determine suitability has
been conducted.