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1996 SESSION
961451825Be it enacted by the General Assembly of Virginia:
1. That §§ 15.1-144, 15.1-145, 15.1-151, 15.1-152, 15.1-153, and 19.2-13 of the Code of Virginia are amended and reenacted as follows:
§ 15.1-144. Circuit courts may appoint special police officers.
A. The circuit court of any county, or the judge thereof in
vacation, or city may, upon the application of, and a showing of
a necessity for the security of property or the peace by, the sheriff or chief
of police, appoint special policemen police officers for so
much of such county or city as is not embraced within an incorporated
town located in the county, who shall be suitable and discreet persons
and who shall serve as such for such length of time as the court or judge
may designate, but not exceeding four years under any one appointment. Such
person or persons so appointed shall be conservators of the peace in their
respective counties under the supervision of the person or agency making
application for the appointment, who shall likewise be civilly liable for any
wrongful action or conduct committed by the appointee while within the scope of
his employment.
B. The court may shall, prior to appointment, review
the record order the applicant to conduct a background investigation, in
accordance with § 15.1-131.8 (ii), of such appointee as furnished
by the Federal Bureau of Investigation each prospective appointee who is
not a police officer as defined in § 9-169.
§ 15.1-145. Application for appointment as special police officer; qualifications.
Before any person shall be appointed as a policeman police
officer under § 15.1-144, he the sheriff or chief of police
shall make written application for such appointment to the circuit court
or the judge thereof in vacation. Such application shall state
applicant's the necessity for the appointment and the prospective
appointee's full name, age, place of residence, occupation and by whom
regularly employed regular employer. A part-time deputy of the
sheriff may be appointed as such [ policeman police officer ] .
Any person appointed as a policeman [ police ] officer
under § 15.1-144 shall reside in the Commonwealth during his tenure of
office.
§ 15.1-151. Bond of special police officers.
Before entering upon the duties of their his office the
persons so any person initially appointed on or after July 1,
1996, shall give bond in the penalty of $1,000 such sum as may be
fixed by the court, with approved security before the county
circuit court clerk, with condition faithfully to discharge their
his official duties. No bond shall be required, however, if the
person so appointed is also a police officer of a town and has met the
applicable minimum entry training requirements established by the
Department of Criminal Justice Services under § 9-170 for a
law-enforcement officer.
§ 15.1-152. Jurisdiction and authority of special police officers; evidence of their office.
The jurisdiction and authority of such police shall extend no further than the limits of the county or city in which they are appointed, and a copy of the order of appointment made by the court, attested by the clerk of such court, shall in all cases be received as evidence of their official character. But the authority of such police shall extend throughout the Commonwealth when actually in pursuit of persons accused of crime and when acting under authority of a duly executed warrant for the arrest of persons accused of committing crime.
The jurisdiction and authority of such police upon order entered of record by
the circuit court of the county, or the judge thereof in vacation, may
be limited to a specific place or places in such county; may limit or
prohibit the carrying of weapons by such police; and shall prescribe the
type of uniform, badge, insignia or identification to be worn or carried by
such police to the extent that such uniform, badge, insignia or identification
shall not resemble or be in facsimile of the uniform, badge, insignia or
identification of the State Police or that of any sheriff, or member of a
police department in such county or city or an adjoining county or city.
Any special police officer initially appointed on or after July 1, 1996,
whose order of appointment does not prohibit the carrying of weapons while
within the scope of his employment as such may be required by the court to meet
the minimum entry training requirements established by the Department of
Criminal Justice Services under § 9-170 for law-enforcement officers
within twelve months of his appointment. Such order may provide that such
county special police shall, within the limits of their
jurisdiction, have the same authority and responsibility as deputy sheriffs
with regard to the service of civil and criminal process.
However, the jurisdiction and authority of such police, upon an order
entered of record by the circuit court of an adjoining county or city,
or by the judge thereof in vacation, may be extended into such adjoining
county or city or into such part thereof as said order may designate,
provided that the special circumstances necessitating such extension of
jurisdiction and authority are set forth in the order and provided that
such authority shall not extend into an incorporated town.
Such police shall be under the supervision of the chief of police in those
counties having a local police department.
§ 15.1-153. Duties and powers of special police officers.
Such police shall apprehend and carry before a judge or justice of the
peace magistrate to be dealt with according to law, all persons whom
they may be directed by the warrant of a judge or justice of the peace
magistrate to apprehend, or whom they have cause to suspect have
violated, or intend to violate any law of the Commonwealth; shall have
the authority to make arrests and issue summonses in accordance with Chapter 7
(§ 19.2-71 et seq.) of Title 19.2; and they may execute any
search warrant issued under §§ 19.2-52 and 19.2-53. If such property
as is mentioned in such sections be is found, the police shall
proceed as an officer officers acting under Chapter 5 (§
19.2-52 et seq.) of Title 19.2, and they shall have the authority to require
any person present to aid in making an arrest.
§ 19.2-13. Special conservators of the peace; authority; jurisdiction; bond; liability of employers.
A. Upon the application of any corporation authorized to do business in
the Commonwealth or the owner, proprietor or authorized custodian of any place
within the Commonwealth and the showing of a necessity for the security of
property or the peace, the circuit court of any county or city, in its
discretion, may appoint one or more special conservators of the peace who
within the area and for the time specified in the order of appointment,
shall have all of the powers, functions, duties, responsibilities and authority
of any other conservator of the peace shall serve as such for such
length of time as the court may designate, but not exceeding four years under
any one 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
throughout the Commonwealth, or within such geographical limitations as the
court may deem appropriate, whenever such special conservator of the peace is
engaged in the performance of his duties as such. Prior to granting an
application for appointment, the circuit court shall order the local
law-enforcement agency to investigate the conduct a background
and investigation, in accordance with § 15.1-131.8 (ii),
character of the prospective appointee and file a report of such
investigation with the court unless the prospective appointee is a police
officer as defined in § 9-169. The local law-enforcement agency may
charge the prospective appointee a reasonable fee not to exceed the lesser of
the actual cost to the local law-enforcement agency or $300 for the time and
costs expended in preparing the investigative report.
When the application is made by a corporation, the circuit court shall specify in the order of appointment the geographic jurisdiction of the special conservator of the peace, and this jurisdiction may include any or all counties and cities of the Commonwealth wherein the corporation does business. The clerk of the appointing circuit court shall certify a copy of the order of appointment to the circuit court of every jurisdiction specified in said order, and each special conservator of the peace so appointed on application of a corporation shall present his credentials to the chief of police or sheriff of all such jurisdictions.
Every person initially appointed on or after July 1, 1996, as a
special conservator of the peace pursuant to the provisions of this section,
before entering upon the duties of such office, may shall be
required by the court to enter into a bond with approved surety
security before the clerk of the circuit court of the county or city
wherein such duties are to be performed, in the penalty of such sum as may be
fixed by the court, conditioned upon the faithful performance of such duties.
Such bond shall be conditioned upon the faithful performance of such duties in
any locality in which he is authorized to act pursuant to the order of the
court. No such bond shall be required, however, if such person has met the
minimum entry training requirements established by the Department of Criminal
Justice Services under § 9-170 for law-enforcement officers.
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.
B. 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. If the order of appointment does not prohibit the carrying of weapons, the court may require that the appointee meet the minimum entry training requirements established by the Department of Criminal Justice Service under § 9-170 for law-enforcement officers within twelve months of his appointment.
2. That § 19.2-17 of the Code of Virginia is repealed.
3. That the provisions of this statute do not apply to those special police officers regulated by the Nuclear Regulatory Commission or the Department of Defense.
4. That the provisions of this act shall not apply to any persons appointed as special police officers or special conservators of the peace prior to July 1, 1996.