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1999 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 22.1-266 of the Code of Virginia is amended and reenacted as follows:
§ 22.1-266. Law-enforcement officers and truant children.
A. Notwithstanding the provisions of § 16.1-246, any law-enforcement officer as
defined in § 9-169 or any attendance officer may pick up any child who (i) is
reported to be truant from a public school by a school principal or division
superintendent or who (ii) the law-enforcement officer or attendance officer
reasonably determines, to be a public school student and by reason of the
child's age and circumstances, is truant from public school, and may deliver
such child to the appropriate public school or truancy center and personnel
thereof without charging the parent or guardian of such child with a violation of any provision of
law.
B. Any such law-enforcement officer or attendance officer shall not be liable for any civil damages for any acts or omissions resulting from picking up or delivering a public school child as provided in subsection A when such acts or omissions are within the scope of the employment of such law-enforcement officer or attendance officer and are taken in good faith, unless such acts or omissions were the result of gross negligence or willful misconduct. This subsection shall not be construed to limit, withdraw or overturn any defense or immunity already existing in statutory or common law or to affect any claim occurring prior to the effective date of this law.
C. For the purposes of this section, “truancy center” means a facility or site operated by a school division, sometimes jointly with the local law-enforcement agency, and designated for receiving children who have been retrieved by a law-enforcement officer or attendance officer for truancy from school.