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Developed and maintained by the Division of Legislative Automated Systems.
2015 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 9.1-150.2, 15.2-1748, and 19.2-13 of the Code of Virginia are amended and reenacted as follows:
§ 9.1-150.2. Powers of Criminal Justice Services Board relating to special conservators of the peace appointed pursuant to § 19.2-13.
The Board may shall adopt regulations
establishing compulsory minimum, entry-level, in-service, and advanced training
standards for special conservators of the peace. The regulations may include
provisions delegating to the Board's staff the right to inspect the facilities
and programs of persons conducting training to ensure compliance with the law
and its regulations. In establishing compulsory training standards for special
conservators of the peace, the Board shall require training to be obtained
at a criminal justice training academy established pursuant to § 15.2-1747, or
at a private security training school certified by the Department, and shall
ensure the public safety and welfare against incompetent or unqualified persons
engaging in the activities regulated by this section. The regulations may
provide for exemption from training of 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 or who has been decertified as a law-enforcement
officer. The regulations may include provisions for partial
exemption from such training for persons having previous training that meets or
exceeds the minimum training standards and has been approved by the Department.
The Board may also adopt regulations that (i) establish the qualifications of
applicants for registration; (ii) cause to be examined the qualifications of
each applicant for registration; (iii) provide for collection of fees for
registration and renewal that are sufficient to cover all expenses for
administration and operation of a program of registration; (iv) ensure
continued competency and prevent deceptive or misleading practices by
practitioners; (v) effectively administer the regulatory system promulgated by
the Board; (vi) provide for receipt of complaints concerning the conduct of any
person whose activities are regulated by the Board; (vii) provide for
investigations, and appropriate disciplinary action if warranted; and (viii)
allow the Board to revoke, suspend or refuse to renew a registration,
certification, or license for just cause as enumerated in regulations of the
Board. The Board shall not adopt compulsory, minimum, entry-level
training standards in excess of 24 that shall not exceed, but shall
be a minimum of 98 hours for unarmed special conservators of the peace
or in excess of 40 and that shall not exceed, but shall be a minimum of
130 hours for armed special conservators of the peace. In adopting its
regulations, the Board shall seek the advice of the Private Security Services
Advisory Board established pursuant to § 9.1-143.
§ 15.2-1748. Powers of the academies.
A. Upon organization of an academy, it shall be a public body
corporate and politic, the purposes of which shall be to establish and conduct
training for public law-enforcement and correctional officers, those being
trained to be public law-enforcement and correctional officers and,
other personnel who assist or support such officers, and those persons
seeking appointments as special conservators of the peace pursuant to § 19.2-13.
The persons trained by an academy need not be employed by a locality which that
has joined in the agreement creating the academy.
B. Criminal justice training academies may:
1. Adopt and have a common seal and alter that seal at the pleasure of the board of directors;
2. Sue and be sued;
3. Adopt bylaws and make rules and regulations for the conduct of its business;
4. Make and enter into all contracts or agreements, as it may determine are necessary, incidental or convenient to the performance of its duties and to the execution of the powers granted under this article;
5. Apply for and accept, disburse and administer for itself or for a member governmental unit any loans or grants of money, materials or property from any private or charitable source, the United States of America, the Commonwealth, any agency or instrumentality thereof, or from any other source;
6. Employ engineers, attorneys, planners and such other professional experts or consultants, and general and clerical employees as may be deemed necessary and prescribe such experts, consultants, and employees' powers, duties, and compensation;
7. Perform any acts authorized under this article through or by means of its own officers, agents and employees, or by contracts with any person, firm or corporation;
8. Acquire, whether by purchase, exchange, gift, lease or otherwise, any interest in real or personal property, and improve, maintain, equip and furnish academy facilities;
9. Lease, sell, exchange, donate and convey any interest in any or all of its projects, property or facilities in furtherance of the purposes of the academy as set forth in this article;
10. Accept contributions, grants and other financial assistance from the United States of America and its agencies or instrumentalities thereof, the Commonwealth, any political subdivision, agency or public instrumentality thereof or from any other source, for or in aid of the construction, acquisition, ownership, maintenance or repair of the academy facilities, for the payment of principal of, or interest on, any bond of the academy, or other costs incident thereto, or make loans in furtherance of the purposes of this article of such money, contributions, grants, and other financial assistance, and comply with such conditions and to execute such agreements, trust indentures, and other legal instruments as may be necessary, convenient or desirable and agree to such terms and conditions as may be imposed;
11. Borrow money from any source for capital purposes or to cover current expenditures in any given year in anticipation of the collection of revenues;
12. Mortgage and pledge any or all of its projects, property or facilities or parts thereof and pledge the revenues therefrom or from any part thereof as security for the payment of principal and premium, if any, and interest on any bonds, notes or other evidences of indebtedness;
13. Create an executive committee which may exercise the powers and authority of the academy under this article pursuant to authority delegated to it by the board of directors;
14. Establish fees or other charges for the training services provided;
15. Exercise the powers granted in the agreement creating the academy; and
16. Execute any and all instruments and do and perform any and all acts necessary, convenient or desirable for its purposes or to carry out the powers expressly given in this article.
§ 19.2-13. Special conservators of the peace; authority; jurisdiction; registration; bond; liability of employers; penalty; report.
A. Upon the submission of an application of,
which shall include the results of a background investigation, from (i) any
sheriff or chief of police of any county, city, or town; (ii) any corporation
authorized to do business in the Commonwealth; (iii) the owner, proprietor, or
authorized custodian of any place within the Commonwealth; or (iv) any museum
owned and managed by the Commonwealth, a circuit court judge of any county or
city shall appoint special conservators of the peace who shall serve as such
for such length of time as the court may designate, but not exceeding four
years under any one appointment, during which time the court shall retain
jurisdiction over the appointment order, upon a showing by the applicant of
a necessity for the security of property or the peace and presentation of
evidence that the person or persons to be appointed as a special conservator of
the peace possess a valid registration issued by the Department of Criminal
Justice Services in accordance with the provisions of subsection B C.
Upon an application made pursuant to clause (ii), (iii), or (iv), the court
shall, prior to entering the order of appointment, 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. However, a
judge may deny the appointment for good cause, and shall state the specific
reasons for the denial in writing in the order denying the appointment. A
judge also may revoke the appointment order for good cause shown, upon the
filing of a sworn petition by the attorney for the Commonwealth, sheriff, or
chief of police for any locality in which the special conservator of the peace
is authorized to serve or by the Department of Criminal Justice Services. Prior
to revocation, a hearing shall be set and the special conservator of the peace
shall be given notice and the opportunity to be heard. The judge may
temporarily suspend the appointment pending the hearing for good cause shown. A
hearing on the petition shall be heard by the court as soon as practicable. If
the appointment order is suspended or revoked, the clerk of court shall notify
the Department of Criminal Justice Services, the Department of State Police,
the applicable local law-enforcement agencies in all cities and counties where
the special conservator of the peace is authorized to serve, and the employer
of the special conservator of the peace.
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 within
such geographical limitations as the court may deem appropriate within the
confines of the county, city or town that makes application or within the
county, city or town on the real property where the corporate
applicant is located, or any real property contiguous to such real property,
limited, except as provided in subsection E F, to the judicial
circuit city or county wherein application has been made, whenever
such special conservator of the peace is engaged in the performance of his
duties as such. The order may provide that the special conservator of the
peace shall have the authority to make an arrest outside of such geographical
limitations if the arrest results from a close pursuit that was initiated when
the special conservator of the peace was within the confines of the area
wherein he has been authorized to have the powers and authority of a special
conservator of the peace; the order may further delineate a geographical
limitation or distance beyond which the special conservator of the peace may
not effectuate such an arrest that follows from a close pursuit. The order
shall require the special conservator of the peace to comply with the
provisions of the United States Constitution and the Constitution of Virginia.
The order shall not identify the special conservator of the peace as a
law-enforcement officer pursuant to § 9.1-101. The order may also provide,
however, that the special conservator of the peace is a
"law-enforcement officer" for the purposes of Article 4 (§ 37.2-808
et seq.) of Chapter 8 of Title 37.2 or Article 16 (§ 16.1-335 et seq.) of
Chapter 11 of Title 16.1, but such designation shall not qualify the special
conservator of the peace as a "qualified law-enforcement officer" or
"qualified retired law-enforcement officer" within the meaning of the
federal Law Enforcement Officer Safety Act, 18 U.S.C. § 926(B) et seq., and the
order of appointment shall specifically state this. The Upon
request and for good cause shown the order may also provide that the
special conservator of the peace is authorized to use the seal of the
Commonwealth in a badge or other credential of office as the court may deem
appropriate. The Upon request and for good cause shown the order
may also provide that the special conservator of the peace may use the title
"police" on any badge or uniform worn in the performance of his
duties as such. The order may also provide that a special conservator of the
peace who has completed the minimum training standards established by the
Department of Criminal Justice Services Board, has the authority to
affect arrests, using up to the same amount of force as would be allowed to a
law-enforcement officer employed by the Commonwealth or any of its political
subdivisions when making a lawful arrest. The order also may (a) require the
local sheriff or chief of police to conduct a background investigation which
may include a review of the applicant's school records, employment records, or
interviews with persons possessing general knowledge of the applicant's
character and fitness for such appointment and (b) limit the use of flashing
lights and sirens on personal vehicles used by the conservator in the
performance of his duties. The order shall prohibit blue flashing
lights, but upon request and for good cause shown may provide that the special
conservator of the peace may use flashing lights and sirens on vehicle used by
the special conservator of the peace when he is in the performance of his
duties. Prior to granting an application for appointment, the circuit court
shall ensure that the applicant has met the registration requirements
established by the Criminal Justice Services Board.
B. Effective September 15, 2004, no All applications
and orders for appointments of special conservators of the peace shall be
submitted on forms developed by the Office of the Executive Secretary of the
Supreme Court of Virginia in consultation with the Department of Criminal
Justice Services and shall specify the duties for which the applicant is
qualified. The applications and orders shall specify the geographic limitations
consistent with subsection A.
C. No person shall seek appointment as a special
conservator of the peace from a circuit court judge without possessing a valid
registration issued by the Department of Criminal Justice Services, except as
provided in this section. Applicants for registration may submit an application
on or after January 1, 2004. A temporary registration may be issued in
accordance with regulations established by the Criminal Justice Services Board
while awaiting the results of a state and national fingerprint search. However,
no person shall be issued a temporary registration until he has (i) complied
with, or been exempted from the compulsory minimum training standards as set
forth in this section,; (ii) submitted his fingerprints on a form
provided by the Department to be used for the conduct of a national criminal records
search and a Virginia criminal history records search, and; (iii)
submitted the results of a background investigation, performed by any state or
local law-enforcement agency, which may, at its discretion, charge a reasonable
fee to the applicant and which may include a review of the applicant's school
records, employment records, or interviews with persons possessing general
knowledge of the applicant's character and fitness for such appointment; and
(vi) met all other requirements of this article and Board regulations. No
person with a criminal conviction for a misdemeanor involving (a) moral
turpitude, (b) assault and battery, (c) damage to real or personal property,
(d) controlled substances or imitation controlled substances as defined in
Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2, (e) prohibited
sexual behavior as described in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of
Title 18.2, or (f) firearms, or (g) any felony or who is
required to register with the Sex Offender and Crimes Against Minors Registry
pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1 shall be
registered eligible for registration or appointment as a special
conservator of the peace. A special conservator of the peace shall report if
he is arrested for any misdemeanor or felony offense to the Department of
Criminal Justice Services and the chief law-enforcement officer of all
localities in which he is authorized to serve within 15 days of such arrest.
Any appointment for a special conservator of the peace shall be eligible for
suspension and revocation after a hearing pursuant to subsection A if the
special conservator of the peace is convicted of any offense listed in clauses
(a) through (f) or of any felony. All appointments for special conservators
of the peace shall become void on September 15, 2004, unless they have obtained
a valid registration issued by the Department of Criminal Justice Services.
C. D. Each person registered as or seeking
registration as a special conservator of the peace shall be covered by (i) a
cash bond, or a surety bond executed by a surety company authorized to do
business in the Commonwealth, in a reasonable amount to be fixed by the Board,
not to be less than $10,000, conditioned upon the faithful and honest conduct
of his business or employment; or (ii) evidence of a policy of liability
insurance or self-insurance in an amount and with coverage as fixed by the
Board. Any person who is aggrieved by the misconduct of any person registered
as a special conservator of the peace and recovers a judgment against the
registrant, which is unsatisfied in whole or in part, may bring an action in
his own name against the bond or insurance policy of the registrant.
D. Individuals listed in § 19.2-12, individuals who have
complied with or been exempted pursuant to subsection A of § 9.1-141,
individuals employed as law-enforcement officers as defined in § 9.1-101 who
have met the minimum qualifications set forth in § 15.2-1705 shall be exempt
from the requirements in subsections A through C. Further, individuals
appointed under subsection A and employed by a private corporation or entity
that meets the requirements of subdivision (ii) of the definition of criminal
justice agency in § 9.1-101, shall be exempt from the registration requirements
of subsection A and from subsections B and C provided they have met the minimum
qualifications set forth in § 15.2-1705. The Department of Criminal Justice
Services shall, upon request by the circuit court, provide evidence to the
circuit court of such employment prior to appointing an individual special
conservator of the peace. E. Effective July 1, 2015, all persons seeking
appointment or reappointment as a special conservator of the peace are required
to register with the Department of Criminal Justice Services, regardless of any
other standing the person may have as a law-enforcement officer or other
position requiring registration or licensure by the Department. The
employing agency employer of any special conservator of the peace
shall notify the circuit court, the Department of Criminal Justice Services,
the Department of State Police, and the chief law-enforcement officer of all
localities in which the special conservator of the peace is authorized to serve
within 30 days after the date such individual has left employment and all
powers of the special conservator of the peace shall be void. Failure to
provide such notification shall be punishable by a fine of $250 plus an
additional $50 per day for each day such notice is not provided.
E. F. When the application is made by any
sheriff or chief of police, the circuit court shall specify in the order of
appointment the name of the applicant authorized under subsection A and the
geographic jurisdiction of the special conservator of the peace. Court
Such appointments shall be limited to the city or county wherein application
has been made. When the application is made by any corporation authorized to do
business in the Commonwealth, any owner, proprietor, or authorized custodian of
any place within the Commonwealth, or any museum owned and managed by the
Commonwealth, the circuit court shall specify in the order of appointment the
name of the applicant authorized under subsection A and the specific real
property where the special conservator of the peace is authorized to serve.
Such appointments shall be limited to the judicial circuit
specific real property within the county, city, or town wherein application
has been made. In the case of a corporation or other business, the court
appointment may also include, for good cause shown, any real property owned or
leased by the corporation or business, including any subsidiaries, in other
specifically named cities and counties, but shall provide that the powers of
the special conservator of the peace do not extend beyond the boundaries of
such real property. Effective July 1, 2004, the The clerk of the
appointing circuit court shall transmit to the Department of State Police,
the clerk of the circuit court of each locality where the special conservator
of the peace is authorized to serve, and the sheriff or chief of police of each
such locality a copy of the order of appointment that shall specify the
following information: the person's complete name, address, date of birth,
social security number, gender, race, height, weight, color of hair, color of
eyes, firearm authority or limitation as set forth in subsection F G,
date of the order, and other information as may be required by the Department
of State Police. The Department of State Police shall enter the person's name and
other information into the Virginia Criminal Information Network established
and maintained by the Department pursuant to Chapter 2 (§ 52-12 et seq.) of
Title 52. The Department of State Police may charge a fee not to exceed $10 to
cover its costs associated with processing these orders. Each special
conservator of the peace so appointed on application shall present his
credentials to the chief of police or sheriff or his designee of all
jurisdictions where he has conservator powers. If his powers are limited to
certain areas of real property owned or leased by a corporation or
business, he shall also provide notice of the exact physical addresses of those
areas. Each special conservator shall provide to the circuit court a
temporary registration letter issued by the Department of Criminal Justice
Services to include the results of the background check prior to seeking
an appointment by the circuit court. Once the applicant receives the
appointment from the circuit court the applicant shall file the appointment
order and a copy of the application with the Department of Criminal
Justice Services in order to receive his special conservator of the peace
photo registration card document. If the court appointment
includes any real property owned or leased by the corporation or business in
other specifically named cities and counties not within the city or county
wherein application has been made, the clerk of the appointing court shall
transmit a copy of the order of appointment to (i) the clerk of the circuit court
for each jurisdiction where the special conservator of the peace is authorized
to serve and (ii) the sheriff or chief of police of each jurisdiction where the
special conservator of the peace is authorized to serve.
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.
Effective July 1, 2002, no person employed by a local school board as a school security officer, as defined in § 9.1-101, shall be eligible for appointment as a conservator for purposes of maintaining safety in a public school in the Commonwealth. All appointments of special conservators of the peace granted to school security officers as defined in § 9.1-101 prior to July 1, 2002 are void.
F. G. 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.
H. The governing body of any locality or the sheriff of a county where no police department has been established may 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 and materials to maintain peace and good order. Any law-enforcement officer or special conservator of the peace, while performing his duty under any such agreement, shall have the same authority as lawfully conferred on him within his own jurisdiction.
2. That the Office of the Executive Secretary of the Supreme Court of Virginia shall establish reasonable judicial training regarding the use of application forms for the appointment of special conservators of the peace and the powers that may be granted in appointment orders to special conservators of the peace.
3. That any existing special conservator of the peace appointed under a court order in effect on July 1, 2015, has 36 months to comply with the new compulsory, minimum, entry-level training standards and requirements as may be established pursuant to this act following his appointment.