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2018 SESSION
18103809DBe it enacted by the General Assembly of Virginia:
1. That § 9.1-500 of the Code of Virginia is amended and reenacted as follows:
§ 9.1-500. Definitions.
As used in this chapter, unless the context requires a different meaning:
"Agency" means the Department of State Police, the Division of Capitol Police, the Virginia Marine Resources Commission, the Virginia Port Authority, the Department of Game and Inland Fisheries, the Virginia Alcoholic Beverage Control Authority, the Department of Conservation and Recreation, or the Department of Motor Vehicles; a sheriff's department; or the political subdivision or the campus police department of any public institution of higher education of the Commonwealth employing the law-enforcement officer.
"Law-enforcement officer" means any person, other
than a Chief chief
of Police
police, sheriff,
or the Superintendent of the Department of State Police, who, in his official capacity, is (i) authorized by law to
make arrests and (ii) a nonprobationary officer of one of the following
agencies:
a. 1. The Department of State
Police, the Division of Capitol Police, the Virginia Marine Resources
Commission, the Virginia Port Authority, the Department of Game and Inland
Fisheries, the Virginia Alcoholic Beverage Control Authority, the Department of
Motor Vehicles, or the Department of Conservation and Recreation;
b. 2. The police department,
bureau, or force or
the sheriff's department of any political subdivision or
the campus police department of any public institution of higher education of
the Commonwealth where such department, bureau,
or force or sheriff's department has 10
or more law-enforcement officers; or
c. 3. Any conservation police
officer as defined in § 9.1-101.
For the purposes of this chapter, "law-enforcement officer" shall not include an employee of the sheriff's department of any city or county who has the authority to hire, suspend, lay off, promote, discharge, award, or discipline other law-enforcement officers within the sheriff's department if such authority requires the use of independent judgment.