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1999 SESSION

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996661252
HOUSE BILL NO. 2156 Offered January 20, 1999 A BILL to amend and reenact § 28.2-104 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 29.1-109.1, relating to the establishment of a Division of Internal Affairs within the Marine Resources Commission and the Department of Game and Inland Fisheries. ---------- Patron-- Grayson ---------- Referred to Committee on Conservation and Natural Resources ----------

Be it enacted by the General Assembly of Virginia:

1. That § 28.2-104 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 29.1-109.1 as follows:

§ 28.2-104. Commissioner; general powers and duties.

The Commissioner shall:

1. Enforce the marine fishery and habitat laws and regulations;

2. Serve as chief executive officer of the Commission and devote full time to the duties of the office;

3. Appoint all personnel; and

4. Establish and equip a permanent office in the City of Newport News.;

5. Establish a Division of Internal Affairs (“the Division”). The Division shall initiate independent inquiries and conduct independent investigations when there is reason to believe that a Marine Patrol Officer has violated or is violating any rule, procedure, policy or statute related to the performance of his law enforcement responsibilities. The Division shall respond to any complaint or allegation which suggests a reasonable possibility that an officer may have violated or is violating any rule, procedure, policy or statute related to the performance of his law enforcement responsibilities; and

6. Appoint a Citizen Advisory Board to review the investigations conducted by the Division of Internal Affairs. The Citizen Advisory Board shall report its findings to the Commissioner.

§ 29.1-109.1. Director to establish a Division of Internal Affairs; appoint Citizen Advisory Board.

A. The Director shall establish a Division of Internal Affairs (“the Division”). The Division shall initiate independent inquiries and conduct independent investigations when there is reason to believe that an agency law-enforcement officer has violated or is violating any rule, procedure, policy or statute related to the performance of his law enforcement responsibilities. The Division shall respond to any complaint or allegation which suggests a reasonable possibility that a law-enforcement officer may have violated or is violating any rule, procedure, policy or statute related to the performance of his law enforcement responsibilities.

7. The Director shall appoint a Citizen Advisory Board to review the investigations conducted by the Division of Internal Affairs. The Citizen Advisory Board shall report its findings to the Director.