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VA:9.1-1000
|
9.1-1000
|
Retired and former law-enforcement officers; photo identification cards; retention of badge
|
<p>A. Upon the retirement of a law-enforcement officer, as defined in § <a href='/vacode/9.1-101/'>9.1-101</a>, the employing department or agency shall, upon request of the retiree, issue the individual a photo identification card indicating that such individual is a retired law-enforcement officer of that department or agency. Upon request, such a card shall also be issued to any law-enforcement officer who retired before July 1, 2004.</p><p>B. Upon request of a former law-enforcement officer with at least 10 years of service who has been diagnosed with post-traumatic stress disorder, as defined in § <a href='/vacode/65.2-107/'>65.2-107</a>, by a mental health professional, as defined in § <a href='/vacode/65.2-107/'>65.2-107</a>, or who is disabled, the employing department or agency shall issue the individual a photo identification card indicating that such individual is a former law-enforcement officer of that department or agency who honorably served. However, prior to issuing the photo identification card, the employing department or agency shall have it mounted in such a manner that it will be impossible for anyone to carry it on his person. The employing department or agency may deny, for cause, any request made under this subsection, provided that it gives a written explanation to the requester of the grounds for denial. Any individual issued a photo identification card under this subsection shall be ineligible to receive a photo identification card pursuant to subsection A. The provisions of this subsection shall not apply to any individual who was decertified pursuant to § <a href='/vacode/15.2-1707/'>15.2-1707</a>.</p><p>C. Notwithstanding the provisions of § <a href='/vacode/52-9.1:1/'>52-9.1:1</a> or any other provision of law to the contrary, on and after July 1, 2023, upon the retirement of a law-enforcement officer who is employed by an agency of the Commonwealth as a law-enforcement officer at the time of his retirement, the employing department or agency shall, upon request of the retiree, award the retiree his badge or other insignia of his office for permanent keeping, provided, however, that the employing department or agency, prior to tendering such badge or insignia, shall have the same mounted in such a manner that it will be impossible for anyone to display such badge or insignia upon his person.</p><p>2004, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0419'>419</a>; 2022, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0491'>491</a>; 2023, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?231+ful+CHAP0026'>26</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter10/section9.1-1000/
|
VA:Title-9.1-Chapter-10
|
10
|
Retired Law Enforcement Identification
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-1100
|
9.1-1100
|
Department of Forensic Science created; Director
|
<p>There is hereby created in the executive branch of state government, a Department of Forensic Science (the Department), which formerly existed as a division within the Department of Criminal Justice Services. The Department shall be headed by a Director appointed by the Governor, subject to confirmation by the General Assembly if in session when such appointment is made, and if not in session, then at its next succeeding session. In making his appointment, the Governor shall choose a candidate meeting the qualifications recommended by the Forensic Science Board created pursuant to § <a href='http://law.lis.virginia.gov/vacode/9.1-1109/'>9.1-1109</a>. The Director shall serve for a term of six years, or until his successor shall be appointed and qualified. Any vacancy shall be filled for the unexpired term in the same manner as the original appointment.</p><p>The Director, under the direction and control of the Governor, shall exercise the powers and perform the duties conferred or imposed upon him by law and perform such other duties required by the Governor or requested by the Forensic Science Board created pursuant to § <a href='http://law.lis.virginia.gov/vacode/9.1-1109/'>9.1-1109</a>.</p><p>2005, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0868'>868</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0881'>881</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter11/section9.1-1100/
|
VA:Title-9.1-Chapter-11
|
11
|
Department of Forensic Science
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-1100.1
|
9.1-1100.1
|
Certified mail; subsequent mail or notices may be sent by regular mail
|
<p>Whenever in this chapter the Board or the Department is required to send any mail or notice by certified mail and such mail or notice is sent certified mail, return receipt requested, then any subsequent, identical mail or notice that is sent by the Board or the Department may be sent by regular mail.</p><p>2011, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0566'>566</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter11/section9.1-1100.1/
|
VA:Title-9.1-Chapter-11
|
11
|
Department of Forensic Science
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-1101
|
9.1-1101
|
Powers and duties of the Department
|
<p>A. It shall be the responsibility of the Department to provide forensic laboratory services upon request of the Superintendent of State Police; the Chief Medical Examiner, the Assistant Chief Medical Examiners, and local medical examiners; any attorney for the Commonwealth; any chief of police, sheriff, or sergeant responsible for law enforcement in the jurisdiction served by him; any local fire department; the head of any private police department that has been designated as a criminal justice agency by the Department of Criminal Justice Services as defined by § <a href='http://law.lis.virginia.gov/vacode/9.1-101/'>9.1-101</a>; or any state agency in any criminal matter. The Department shall provide such services to any federal investigatory agency within available resources.</p><p>B. The Department shall:</p><p>1. Provide forensic laboratory services to all law-enforcement agencies throughout the Commonwealth and provide laboratory services, research, and scientific investigations for agencies of the Commonwealth as needed;</p><p>2. Establish and maintain a DNA testing program in accordance with Article 1.1 (§ <a href='http://law.lis.virginia.gov/vacode/19.2-310.2/'>19.2-310.2</a> et seq.) of Chapter 18 of Title 19.2 to determine identification characteristics specific to an individual; and</p><p>3. Test the accuracy of equipment used to test the blood alcohol content of breath at least once every six months. Only equipment found to be accurate shall be used to test the blood alcohol content of breath.</p><p>C. The Department shall have the power and duty to:</p><p>1. Receive, administer, and expend all funds and other assistance available for carrying out the purposes of this chapter;</p><p>2. Make and enter into all contracts and agreements necessary or incidental to the performance of its duties and execution of its powers under this chapter including, but not limited to, contracts with the United States, units of general local government or combinations thereof in Virginia or other states, and with agencies and departments of the Commonwealth; and</p><p>3. Perform such other acts as may be necessary or convenient for the effective performance of its duties.</p><p>D. The Director may appoint and employ a deputy director and such other personnel as are needed to carry out the duties and responsibilities conferred by this chapter.</p><p>2005, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0868'>868</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0881'>881</a>; 2006, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0327'>327</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0551'>551</a>; 2009, Sp. Sess. I, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?092+ful+CHAP0001'>1</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?092+ful+CHAP0004'>4</a>; 2011, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0638'>638</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter11/section9.1-1101/
|
VA:Title-9.1-Chapter-11
|
11
|
Department of Forensic Science
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-1101.1
|
9.1-1101.1
|
Purchase of forensic laboratory services
|
<p>A. Notwithstanding any other provision of law, the Department may make and enter into contracts or agreements for forensic laboratory services with any laboratory located in the Commonwealth that is operated by an institution of higher education located in the Commonwealth or a corporate entity that is wholly owned by an institution of higher education located in the Commonwealth, which institution offers a program leading to the Doctor of Pharmacy degree and is accredited by the Accreditation Council for Pharmacy Education and the Southern Association of Colleges and Schools. No such contract or agreement for forensic laboratory services shall be made or entered into with any other laboratory, except as provided in subsection B.</p><p>B. The Department may request, and the Director of the Division of Purchases and Supply of the Department of General Services may grant, an exemption from the provisions of subsection A if (i) a laboratory described in subsection A does not meet the reasonable requirements of the Department; (ii) a laboratory described in subsection A cannot provide the forensic laboratory services required by the Department; (iii) forensic laboratory services identical to those provided by the laboratory described in subsection A can be obtained at a cost that is at least 10 percent less than the cost of obtaining such forensic laboratory services from the laboratory described in subsection A, as evidenced by a verified request for pricing; or (iv) in cases in which the Department has issued a Request for Proposals, a proposal submitted by a laboratory other than a laboratory described in subsection A has received a ranking that is at least 10 percent higher than the ranking of any laboratory described in subsection A. In any case in which an exemption is granted pursuant to this subsection, the Director of the Division of Purchases and Supply of the Department of General Services shall submit a written justification for the exception to the Directors of the Department of Forensic Science and the Department of General Services.</p><p>2019, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?191+ful+CHAP0478'>478</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?191+ful+CHAP0479'>479</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter11/section9.1-1101.1/
|
VA:Title-9.1-Chapter-11
|
11
|
Department of Forensic Science
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-1101.2
|
9.1-1101.2
|
Possession or transfer of unlawful items by Department employees while engaged in the performance of official duties
|
<p>Whenever the possession or transfer of any item or material is prohibited by law, such prohibition shall not apply to any Department employee who possesses or transfers such prohibited item or material while engaged in the performance of his official duties.</p><p>2019, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?191+ful+CHAP0507'>507</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter11/section9.1-1101.2/
|
VA:Title-9.1-Chapter-11
|
11
|
Department of Forensic Science
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-1102
|
9.1-1102
|
Department to be isolated; security and protection of evidence
|
<p>A. The Department and its facilities shall be located so as to ensure the protection of evidence.</p><p>B. The Department shall provide for security and protection of evidence, official samples, and all other samples submitted to the Department for analysis or examination.</p><p>C. The Department shall ensure that its services are performed by skilled professionals who are qualified to testify in court regarding such services.</p><p>2005, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0868'>868</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0881'>881</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter11/section9.1-1102/
|
VA:Title-9.1-Chapter-11
|
11
|
Department of Forensic Science
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-1103
|
9.1-1103
|
Forensic Science Academy
|
<p>The Forensic Science Academy, formerly within the Division of Forensic Science, shall be transferred to the Department, and shall provide advanced training to law-enforcement agencies in the location, collection, and preservation of evidence.</p><p>2005, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0868'>868</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0881'>881</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter11/section9.1-1103/
|
VA:Title-9.1-Chapter-11
|
11
|
Department of Forensic Science
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-1104
|
9.1-1104
|
Rights of accused person or his attorney to results of investigation or to investigation
|
<p>Upon the request of any person accused of a crime or upon the request of an accused person's attorney, the Department or the Division of Consolidated Laboratory Services shall furnish to the accused or his attorney the results of any investigation that has been conducted by it and that is related in any way to a crime for which the person is accused. In any case in which an attorney of record for a person accused of violation of any criminal law of the Commonwealth, or the accused, may desire a scientific investigation, he shall, by motion filed before the court in which the charge is pending, certify that in good faith he believes that a scientific investigation may be relevant to the criminal charge and that the Department or the Division of Consolidated Laboratory Services has indicated it has a methodology to perform the requested scientific investigation. The motion shall be heard ex parte as soon as practicable, and the court shall, after a hearing upon the motion and being satisfied as to the correctness of the certification, order that the same be performed by the Department or the Division of Consolidated Laboratory Services and shall prescribe in its order the method of custody, transfer, and return of evidence submitted for scientific investigation. Upon the request of the attorney for the Commonwealth of the jurisdiction in which the charge is pending, he shall be furnished the results of the scientific investigation.</p><p>2005, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0868'>868</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0881'>881</a>; 2024, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?241+ful+CHAP0210'>210</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter11/section9.1-1104/
|
VA:Title-9.1-Chapter-11
|
11
|
Department of Forensic Science
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-1105
|
9.1-1105
|
Reexamination by independent experts
|
<p>Independent experts employed by (i) an attorney of record for a person accused of violation of any criminal law of the Commonwealth or (ii) the accused, for the purpose of reexamination of materials previously examined in any laboratory of the Department, shall conduct their analyses or examinations independently of the facilities, equipment, or supplies of the Department.</p><p>2005, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0868'>868</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0881'>881</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter11/section9.1-1105/
|
VA:Title-9.1-Chapter-11
|
11
|
Department of Forensic Science
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-1106
|
9.1-1106
|
Disposal of certain hazardous materials
|
<p>Any material that is seized in any criminal investigation and that is deemed to be hazardous to health and safety, may be disposed of upon written application of the Department to the attorney for the Commonwealth in the city or county where the material is seized or where any criminal prosecution in which the material is proposed to be evidence is pending. Upon receipt thereof, the attorney for the Commonwealth shall file the application in the circuit court of such county or city. A sworn analysis report signed by a person designated by the Director of the Department shall accompany the application for disposal and shall clearly identify and designate the material to be disposed of. The application shall state the nature of the hazardous materials, the quantity thereof, the location where seized, the person from whom the materials were seized, and the manner whereby the materials shall be destroyed.</p><p>When the ownership of the hazardous material is known, notice shall be given to the owner at least three days prior to any hearing relating to the destruction, and, if any criminal charge is pending in any court as a result of the seizure, the notice shall be given to the accused if other than the owner.</p><p>Upon receipt of the analysis report and the application, the court may order the destruction of all, or a part of, the material. However, a sufficient and representative quantity of the material shall be retained to permit an independent analysis when a criminal prosecution may result from the seizure. A return under oath, reporting the time, place, and manner of destruction, shall be made to the courts. Copies of the analysis report, application, order, and return shall be made a part of the record of any criminal prosecution. The sworn analysis report shall be admissible as evidence to the same extent as the disposed-of material would have been admissible.</p><p>2005, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0868'>868</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0881'>881</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter11/section9.1-1106/
|
VA:Title-9.1-Chapter-11
|
11
|
Department of Forensic Science
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-1107
|
9.1-1107
|
Disposal of certain other property after analysis
|
<p>Personal property, including drugs, not disposed of under § <a href='http://law.lis.virginia.gov/vacode/9.1-1106/'>9.1-1106</a>, that has been submitted to the Department for analysis or examination and that has not been reclaimed by the agency submitting the property for analysis or examination, may be disposed of by the Department in accordance with this section if, after the expiration of 120 days after the receipt by the Department of the property, the Director notifies the circuit court of the county or city from which the property was taken, in writing, that the analysis or examination has been completed, and a report submitted to the agency that the property has not been reclaimed by the agency submitting it and that the Department proposes to dispose of the property. The notice shall state the nature of the property, the quantity thereof, the location where seized, the name of the accused, if known, and the proposed method of disposing of the property.</p><p>When the ownership of the property is known, a copy of the notice shall be sent simultaneously with the notice to the court to the owner, or, if any criminal charge is pending in any court relating to the property, the copy shall be sent to the accused at his last known address. Notice shall be by certified mail. The court, within 30 days after receipt of the notice, may direct that the property be disposed of by the Department, by an alternative method designed to preserve the property, at the expense of the agency submitting the property to the Department. If the court does not so direct within the 30-day period, then the Department may dispose of the property by the method set out in the notice. Copies of the analysis report and notice shall be made a part of the record of any criminal prosecution. The report, if sworn to, shall be admissible as evidence to the same extent as the disposed-of property would have been admissible.</p><p>2005, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0868'>868</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0881'>881</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter11/section9.1-1107/
|
VA:Title-9.1-Chapter-11
|
11
|
Department of Forensic Science
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-1108
|
9.1-1108
|
Disposal of property held by Department for more than 15 years
|
<p>Notwithstanding the provisions of §§ <a href='http://law.lis.virginia.gov/vacode/9.1-1106/'>9.1-1106</a> and <a href='http://law.lis.virginia.gov/vacode/9.1-1107/'>9.1-1107</a>, the Department may file an application in the Circuit Court of the City of Richmond seeking an order authorizing the disposal of all personal property, including drugs, received by the Department more than 15 years prior to the filing of the application. The application, under oath, shall list each item of property, the date of submission to the Department, the agency or individual submitting the property, any previous court orders entered regarding the storage of the property, and the proposed method of disposal. The application shall also state that written notice by first-class mail was given to each agency or individual submitting property listed at least 30 days prior to the application, and that no agency or individual objected to the disposal. A return, under oath, reporting the time, place, and manner of disposal, shall be made to the court.</p><p>2005, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0868'>868</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0881'>881</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter11/section9.1-1108/
|
VA:Title-9.1-Chapter-11
|
11
|
Department of Forensic Science
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-1109
|
9.1-1109
|
Forensic Science Board; membership
|
<p>A. The Forensic Science Board (the Board) is established as a policy board within the meaning of § <a href='/vacode/2.2-2100/'>2.2-2100</a>, in the executive branch of state government. The Board shall consist of 15 members as follows:</p><p>1. The Superintendent of the State Police or his designee;</p><p>2. The Director of the Department of Criminal Justice Services or his designee;</p><p>3. The Chief Medical Examiner or his designee;</p><p>4. The Executive Director of the Virginia Board of Pharmacy or his designee;</p><p>5. The Attorney General, or his designee;</p><p>6. The Executive Secretary of the Supreme Court of Virginia or his designee;</p><p>7. The Chairman of the Virginia State Crime Commission or his designee;</p><p>8. The Director of the Virginia Division of Consolidated Laboratory Services or his designee;</p><p>9. The Chairman of the Senate Committee for Courts of Justice or his designee;</p><p>10. The Chairman of the House Committee for Courts of Justice or his designee;</p><p>11. Two members of the Scientific Advisory Committee, chosen by the chairman of that committee; and</p><p>12. Three members, appointed by the Governor, from among the citizens of the Commonwealth as follows:</p><p>a. A member of law enforcement;</p><p>b. A member of the Virginia Commonwealth's Attorneys Association; and</p><p>c. A member who is a criminal defense attorney having specialized knowledge in the area of forensic sciences.</p><p>B. The legislative members shall serve for terms coincident with their terms of office. The members appointed by the Governor shall serve for terms of four years, provided that no member shall serve beyond the time when he holds the office or employment by reason of which he was initially eligible for appointment. Any vacancy on the Board shall be filled in the same manner as the original appointment, but for the unexpired term.</p><p>C. Notwithstanding any provision of any statute, ordinance, local law, or charter provision to the contrary, membership on the Board shall not disqualify any member from holding any other public office or employment, or cause the forfeiture thereof.</p><p>D. The Board shall elect its chairman and vice-chairman. A majority of the members shall constitute a quorum. Members shall be paid reasonable and necessary expenses incurred in the performance of their duties. Legislative members shall receive compensation as provided in § <a href='/vacode/30-19.12/'>30-19.12</a> and nonlegislative citizen members shall receive compensation for their services as provided in §§ <a href='/vacode/2.2-2813/'>2.2-2813</a> and <a href='/vacode/2.2-2825/'>2.2-2825</a>.</p><p>E. The Board shall hold no less than four regular meetings a year. Subject to the requirements of this subsection, the chairman of the Board shall fix the times and places of meetings, either on his own motion or upon written request of any five members of the Board.</p><p>2005, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0868'>868</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0881'>881</a>; 2009, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?091+ful+CHAP0323'>323</a>; 2016, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?161+ful+CHAP0199'>199</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title9.1/chapter11/section9.1-1109/
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VA:Title-9.1-Chapter-11
|
11
|
Department of Forensic Science
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-1110
|
9.1-1110
|
Functions of Forensic Science Board
|
<p>A. The Board shall have the power and duty to:</p><p>1. Adopt regulations, pursuant to the Administrative Process Act (§ <a href='/vacode/2.2-4000/'>2.2-4000</a> et seq.), for the administration of (i) this chapter or (ii) §§ <a href='/vacode/18.2-268.6/'>18.2-268.6</a>, <a href='/vacode/18.2-268.9/'>18.2-268.9</a>, <a href='/vacode/19.2-188.1/'>19.2-188.1</a>, and <a href='/vacode/19.2-310.5/'>19.2-310.5</a> and for any provisions of the Code as they relate to the responsibilities of the Department. Any proposed regulations concerning the privacy, confidentiality, and security of criminal justice information or DNA identification shall be submitted for review and comment to any board, commission, or committee or other body that may be established by the General Assembly to regulate the privacy, confidentiality, and security of information collected and maintained by the Commonwealth or any political subdivision thereof;</p><p>2. Develop and establish program and fiscal standards and goals governing the operations of the Department;</p><p>3. Ensure the development of long-range programs and plans for the incorporation of new technologies as they become available;</p><p>4. Review and comment on all budgets and requests for appropriations for the Department prior to their submission to the Governor and on all applications for federal funds;</p><p>5. Monitor the activities of the Department and its effectiveness in implementing the standards and goals of the Board;</p><p>6. Advise the Governor, Director, and General Assembly on matters relating to the Department and forensic science in general;</p><p>7. Review, amend, and approve recommendations of the Scientific Advisory Committee;</p><p>8. Monitor the receipt, administration, and expenditure of all funds and other assistance available for carrying out the purposes of this chapter;</p><p>9. Approve Department applications for grants from the United States government or any other source in carrying out the purposes of this chapter and approve of acceptance of any and all donations both real and personal, and grants of money from any governmental unit or public agency, or from any institution, person, firm or corporation, and may receive, utilize and dispose of the same. With regard to any grants of money from a governmental or public agency, the Board may delegate or assign the duties under this subdivision to the chairman of the Board who may, with the concurrence of the vice-chairman and in consultation with the Director, make such determinations. Any grants or donations received pursuant to this section shall be detailed in the annual report of the Board. The report shall include the identity of the donor, the nature of the transaction, and the conditions, if any. Any moneys received pursuant to this section shall be deposited in the state treasury to the account of the Department;</p><p>10. Monitor all contracts and agreements necessary or incidental to the performance of the duties of the Department and execution of its powers under this chapter, including but not limited to, contracts with the United States, units of general local government or combinations thereof, in Virginia or other states, and with agencies and departments of the Commonwealth; and</p><p>11. Recommend actions to foster and promote coordination and cooperation between the Department and the user programs that are served.</p><p>B. By November 1 of each year, the Board shall review and make recommendations to the Chairmen of the House Committee on Appropriations, the Senate Committee on Finance and Appropriations, and the Crime Commission concerning:</p><p>1. New major programs and plans for the activities of the Department and elimination of programs no longer needed;</p><p>2. Policy and priorities in response to agency needs;</p><p>3. General fiscal year operational budget and any major changes in appropriated funds;</p><p>4. Actions to foster and promote coordination and cooperation between the Department and the user programs which are served;</p><p>5. Rules and regulations necessary to carry out the purposes and intent of this chapter; and</p><p>6. Any recommendations submitted to the Board or the Director by the Scientific Advisory Committee.</p><p>2005, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0868'>868</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0881'>881</a>; 2006, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0327'>327</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0551'>551</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title9.1/chapter11/section9.1-1110/
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VA:Title-9.1-Chapter-11
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11
|
Department of Forensic Science
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-1111
|
9.1-1111
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Scientific Advisory Committee; membership
|
<p>The Scientific Advisory Committee is hereby established as an advisory board within the meaning of § <a href='/vacode/2.2-2100/'>2.2-2100</a>, in the executive branch of state government. The Scientific Advisory Committee (the Committee) shall consist of 13 members, consisting of the Director of the Department, and 12 members appointed by the Governor as follows: a director of a private or federal forensic laboratory; a forensic scientist or any other person, with an advanced degree, who has received substantial education, training, or experience in the subject of laboratory standards or quality assurance regulation and monitoring; a forensic scientist with an advanced degree who has received substantial education, training, or experience in the discipline of molecular biology; a forensic scientist with an advanced degree and having experience in the discipline of population genetics; a scientist with an advanced degree and having experience in the discipline of forensic chemistry; a scientist with an advanced degree and having experience in the discipline of forensic biology; a forensic scientist or any other person, with an advanced degree who has received substantial education, training, or experience in the discipline of trace evidence; a scientist with a doctoral degree and having experience in the discipline of forensic toxicology, who is certified by the American Board of Forensic Toxicology; a member of the Board of the International Association for Identification when initially appointed; a member of the Board of the Association of Firearms and Tool Mark Examiners when initially appointed; a member of the International Association for Chemical Testing; and a member of the American Society of Crime Laboratory Directors.</p><p>Members of the Committee initially appointed shall serve the following terms: four members shall serve a term of one year, four members shall serve a term of two years, and four members shall serve a term of four years. Thereafter, all appointments shall be for a term of four years. A vacancy other than by expiration of term shall be filled by the Governor for the unexpired term.</p><p>Members of the Committee shall be paid reasonable and necessary expenses incurred in the performance of their duties, and shall receive compensation for their services as provided in §§ <a href='/vacode/2.2-2813/'>2.2-2813</a> and <a href='/vacode/2.2-2825/'>2.2-2825</a>.</p><p>2005, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0868'>868</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0881'>881</a>; 2014, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0102'>102</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0253'>253</a>; 2024, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?241+ful+CHAP0210'>210</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title9.1/chapter11/section9.1-1111/
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VA:Title-9.1-Chapter-11
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11
|
Department of Forensic Science
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VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-1112
|
9.1-1112
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Meetings and chairman
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<p>The Committee shall meet twice a year in the City of Richmond and at such other times and places as it determines or as directed by the Governor or the Forensic Science Board. A chairman shall be elected from among the members appointed by the Governor. Staff to the Committee shall be provided by the Department of Forensic Science.</p><p>2005, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0868'>868</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0881'>881</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title9.1/chapter11/section9.1-1112/
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VA:Title-9.1-Chapter-11
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11
|
Department of Forensic Science
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VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-1113
|
9.1-1113
|
Functions of the Scientific Advisory Committee
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<p>A. The Committee may review laboratory operations of the Department and make recommendations concerning the quality and timeliness of services furnished to user agencies.</p><p>B. The Committee shall review and make recommendations as necessary to the Director of the Department and the Forensic Science Board concerning:</p><p>1. New scientific programs, protocols, and methods of testing;</p><p>2. Plans for the implementation of new programs, sustaining existing programs and improving upon them where possible, and the elimination of programs no longer needed;</p><p>3. Protocols for testing and examination methods, and guidelines for the presentation of results in court; and</p><p>4. Qualification standards for the various scientists of the Department, including the Director.</p><p>C. Upon request of the Director of the Department, the Forensic Science Board, or the Governor, the Committee shall review analytical work, reports, and conclusions of scientists employed by the Department. The Committee shall recommend to the Forensic Science Board a review process for the Department to use in instances where there has been an allegation of misidentification or other testing error made by the Department during its examination of evidence.</p><p>2005, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0868'>868</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0881'>881</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title9.1/chapter11/section9.1-1113/
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VA:Title-9.1-Chapter-11
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11
|
Department of Forensic Science
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-1200
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9.1-1200
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Repealed
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<p>Repealed by Acts 2011, cc, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0780'>780</a> and <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0858'>858</a>, cl. 2, effective April 6, 2011.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title9.1/chapter12/section9.1-1200/
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VA:Title-9.1-Chapter-12
|
12
|
STATEWIDE COMMUNICATIONS INTEROPERABILITY [Repealed]
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VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-1300
|
9.1-1300
|
Domestic violence policies and procedures for law-enforcement agencies in the Commonwealth
|
<p>The Virginia Department of State Police and the police and sheriff's departments of every political subdivision in the Commonwealth shall establish an arrest policy and procedures for domestic violence and family abuse cases. Any local police or sheriff's department is authorized to adopt an arrest policy that prescribes additional requirements under this section. Any policies and procedures established under this section shall at a minimum provide guidance to law-enforcement officers on the following:</p><p>1. The department's arrest policy;</p><p>2. The standards for determining who is the predominant physical aggressor pursuant to § <a href='http://law.lis.virginia.gov/vacode/19.2-81.3/'>19.2-81.3</a>;</p><p>3. The standards for completion of a required incident report to be filed with the department including the existence of any special circumstances which would dictate a course of action other than arrest;</p><p>4. The department's policy on providing transportation to an allegedly abused person;</p><p>5. The legal and community resources available to allegedly abused persons in the department's jurisdiction;</p><p>6. The department's policy on domestic violence incidents involving law-enforcement officers; and</p><p>7. The department's policy on the handling of cases involving repeat offenders of family abuse or domestic violence.</p><p>2008, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0600'>600</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0771'>771</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title9.1/chapter13/section9.1-1300/
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VA:Title-9.1-Chapter-13
|
13
|
DOMESTIC AND SEXUAL ASSAULT POLICIES
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-1301
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9.1-1301
|
Sexual assault policies for law-enforcement agencies in the Commonwealth; memoranda of understanding with institutions of higher education
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<p>A. The Virginia Department of State Police and the police and sheriff's departments of every political subdivision in the Commonwealth and every campus police department shall establish written policies and procedures regarding a law-enforcement officer's response to an alleged criminal sexual assault in violation of Article 7 (§ <a href='http://law.lis.virginia.gov/vacode/18.2-61/'>18.2-61</a> et seq.) of Chapter 4 of Title 18.2. Such policies shall, at a minimum, provide guidance as to the department's policy on (i) training; (ii) compliance with §§ <a href='http://law.lis.virginia.gov/vacode/19.2-9.1/'>19.2-9.1</a> and <a href='http://law.lis.virginia.gov/vacode/19.2-165.1/'>19.2-165.1</a>; (iii) transportation of alleged sexual assault victims; and (iv) the provision of information on legal and community resources available to alleged victims of sexual assault.</p><p>B. The primary law-enforcement agency of each locality that contains a public institution of higher education or nonprofit private institution of higher education shall cooperate in establishing a written memorandum of understanding with any such institution of higher education, if requested, to address the prevention of and response to criminal sexual assault as set forth in Article 7 (§ <a href='http://law.lis.virginia.gov/vacode/18.2-61/'>18.2-61</a> et seq.) of Chapter 4 of Title 18.2.</p><p>2008, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0600'>600</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0771'>771</a>; 2016, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?161+ful+CHAP0481'>481</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title9.1/chapter13/section9.1-1301/
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VA:Title-9.1-Chapter-13
|
13
|
DOMESTIC AND SEXUAL ASSAULT POLICIES
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-1400
|
9.1-1400
|
Youth and Gang Violence Prevention Grant Fund and Program
|
<p>A. For the purposes of this chapter:</p><p>"Department" means the Department of Criminal Justice Services.</p><p>"Fund" means the Youth and Gang Violence Prevention Grant Fund.</p><p>"Program" means the Youth and Gang Violence Prevention Grant Program.</p><p>B. There is hereby created in the state treasury a special nonreverting fund to be known as the Youth and Gang Violence Prevention Grant Fund. The Fund shall be established on the books of the Comptroller. All funds appropriated for such purpose and any gifts, donations, grants, bequests, and other funds received on its behalf shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for purposes of (i) awarding grants on a competitive basis through the Youth and Gang Violence Prevention Grant Program established pursuant to subsection C or (ii) implementing and administering the Youth and Gang Violence Prevention Grant Program. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Director of the Department.</p><p>C. The Youth and Gang Violence Prevention Grant Program is hereby established for the purpose of awarding grants on a competitive basis from such funds as may be available from the Fund to the Cities of Hampton, Newport News, Norfolk, Portsmouth, Richmond, and Roanoke for the purpose of performing community assessments for youth and gang violence prevention. The program shall be administered by the Department. In administering the program, the Department shall establish and publish guidelines and criteria for grant awards, including guidelines and criteria governing agreements between the Department and grant recipients relating to conducting community assessments for youth and gang violence prevention. The Department shall oversee each grant awarded through the program and ensure thorough reporting on each such grant.</p><p>D. Grants shall be awarded in an amount of $25,000 to each city to perform a community assessment for youth and gang violence prevention. No more than $150,000 per year shall be allocated by the program.</p><p>2020, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0392'>392</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title9.1/chapter14/section9.1-1400/
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VA:Title-9.1-Chapter-14
|
14
|
Youth and Gang Violence Prevention Grant Fund and Program
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-1500
|
9.1-1500
|
Definitions
|
<p>As used in this chapter, unless the context requires a different meaning:</p><p>"Certification form" means a certification form or declaration completed by a certifying agency that is required by federal immigration law certifying that a person is a victim of qualifying criminal activity. Such form or declaration may include any information required (i) by 8 U.S.C. § 1184(p), including the current United States Citizenship and Immigration Services Form I-918, Supplement B, or any successor form for purposes of obtaining a U visa, or (ii) by 8 U.S.C. § 1184(o), including the current United States Citizenship and Immigration Services Form I-914, Supplement B, or any successor form for purposes of obtaining a T visa.</p><p>"Certifying agency" means a state or local law-enforcement agency, an attorney for the Commonwealth, the Attorney General, or any other agency or department employing law-enforcement officers as defined in § <a href='/vacode/9.1-101/'>9.1-101</a> that has responsibility for the investigation or prosecution of a qualifying criminal activity.</p><p>"Certifying official" means the head of the certifying agency, a law-enforcement officer as defined in § <a href='/vacode/9.1-101/'>9.1-101</a>, or any person employed by a certifying agency in a supervisory role who has been specifically designated by the head of the certifying agency to issue U nonimmigrant status certifications on behalf of that agency. A certifying official may act on behalf of his employing certifying agency or on behalf of another certifying agency through an agreement with the other certifying agency. Each certifying agency shall designate at least one certifying official for its agency.</p><p>"Qualifying criminal activity" means any activity, regardless of the stage of detection, investigation, or prosecution, designated in 8 U.S.C. § 1101(a)(15)(U)(iii), or in any implementing federal regulations, supplementary information, guidance, and instructions.</p><p>"Victim of qualifying criminal activity" means a person described in 8 U.S.C. § 1101(a)(15)(U)(i)(III), in the definition of "victim of a severe form of trafficking" in 22 U.S.C. § 7102(11), or in any implementing federal regulations, supplementary information, guidance, and instructions.</p><p>2021, Sp. Sess. I, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0468'>468</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter15/section9.1-1500/
|
VA:Title-9.1-Chapter-15
|
15
|
Certifications for Victims of Qualifying Criminal Activity
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-1501
|
9.1-1501
|
Certifications for victims of qualifying criminal activity
|
<p>A. A certifying official shall (i) respond to requests for completion of certification forms received by the agency, as required by this section, and (ii) make information regarding the agency's procedures for certification requests publicly available for victims of qualifying criminal activity and their representatives.</p><p>B. Any person seeking completion of a certification form shall first submit a request for completion of the certification form to any certifying official for the certifying agency that detected, investigated, or prosecuted the criminal activity upon which the request is based.</p><p>C. A request for completion of a certification form under this section may be submitted by the victim of qualifying criminal activity or a representative of the person seeking the certification form. Such representative of the person may include an attorney, a licensed clinical social worker, a guardian ad litem, or an employee of a crime victim and witness assistance program or a domestic violence or sexual assault services provider.</p><p>D. Upon receiving a request for completion of a certification form, a certifying official shall provide a response to the request within 120 days. Within such time, the certifying official shall complete the certification except (i) if the person making the request for completion of the certification form is in federal immigration removal proceedings or detained, the certifying official shall complete and provide the certification form to the person no later than 21 business days after the request is received by the certifying agency; (ii) if the twenty-first birthdate of the applicant's children or the eighteenth birthdate of the applicant's sibling is within 120 days of the date of the request, the certifying official shall respond within 30 days; (iii) if the person's children, parents, or siblings under clause (ii) would become ineligible for benefits under 8 U.S.C. § 1184(p) and 1184(o) in less than 21 business days of receipt of the certification request, the certifying official shall complete and provide a certification form to the person within seven days; or (iv) a certifying official may extend the time period by which it must complete and provide the certification form to the person as required under this subsection upon written agreement with the person or person's representative. If the certifying official cannot determine whether the applicant is a victim of qualifying criminal activity or determines that the applicant does not qualify, the certifying official shall provide a written explanation to the person or the person's representative setting forth reasons why the available evidence does not support a finding that the person is a victim of qualifying criminal activity.</p><p>Requests for expedited completion of a certification form under clause (i), (ii), or (iii) shall be affirmatively raised by the person or that person's representative in writing to the certifying agency and shall establish that the person is eligible for expedited review.</p><p>E. A certifying official who issued an initial certification form shall complete and reissue a certification form within 90 business days of receiving a request from a victim to reissue the certification form. If the victim seeking recertification has a deadline to respond to a request for evidence from United States Citizenship and Immigration Services, the certifying official shall complete and issue the form no later than 21 business days after the request is received by the certifying official. Requests for expedited recertification shall be affirmatively raised by the victim or victim's representative in writing and shall establish that the victim is eligible for expedited review. A certifying official may extend the deadline by which he will complete and reissue the certification form only upon written agreement with the victim or victim's representative.</p><p>F. Notwithstanding any other provision of this section, a certifying official's completion of a certification form shall not be considered sufficient evidence that an applicant for a U or T visa has met all eligibility requirements for that visa, and completion of a certification form by a certifying official shall not be construed to guarantee that the victim will receive federal immigration relief. It is the exclusive responsibility of federal immigration officials to determine whether a person is eligible for a U or T visa. Completion of a certification form by a certifying official merely verifies factual information relevant to the federal immigration benefit sought, including information relevant for federal immigration officials to determine eligibility for a U or T visa. By completing a certification form, the certifying official attests that the information is true and correct to the best of the certifying official's knowledge. No provision in this chapter limits the manner in which a certifying official or certifying agency may describe whether the person has cooperated or been helpful to the agency or provide any additional information the certifying official or certifying agency believes might be relevant to a federal immigration officer's adjudication of a U or T visa application. If, after completion of a certification form, the certifying official later determines that the person was not the victim of qualifying criminal activity or the victim unreasonably refuses to assist in the investigation or prosecution of the qualifying criminal activity of which he is a victim, the certifying official may notify United States Citizenship and Immigration Services in writing.</p><p>G. A certifying official or agency receiving requests for completion of certification forms shall not disclose the immigration status of a victim or person requesting the certification form, except to comply with federal or state law or a legal process or if authorized by the victim or person requesting the certification form.</p><p>2021, Sp. Sess. I, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0468'>468</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter15/section9.1-1501/
|
VA:Title-9.1-Chapter-15
|
15
|
Certifications for Victims of Qualifying Criminal Activity
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-1502
|
9.1-1502
|
Proceedings for Enforcement of Chapter
|
<p>A. A certifying agency or certifying official acting or failing to act in good faith in compliance with this chapter shall have immunity from civil or criminal liability that may otherwise occur as a result of so acting or failing to act, except for gross negligence or willful or wanton misconduct.</p><p>B. If a certifying agency fails to respond within the statutory timeframes or refuses to certify that an applicant was a victim of qualifying criminal activity, the applicant may petition a circuit court to review the determination of the certifying agency within 30 days of such determination or within 30 days of the expiration of the statutory timeframe in subsection D. The circuit court shall conduct an evidentiary hearing on such petition within 30 days of the filing of the petition. Upon conducting a hearing and the circuit court being satisfied that the applicant having proven their eligibility for completion of a certification form by a preponderance of the evidence and the circuit court having found that the certifying agency's refusal to sign was unreasonable, a circuit court judge may execute the certification form. In assessing the reasonableness of the certifying agency's decision or failure to respond, the circuit court may consider whether the applicant has complied with the terms of this section and whether circumstances exist that would justify a deferral of a decision including whether a certification would jeopardize an ongoing criminal investigation or prosecution or the safety of an individual, cause a suspect to flee or evade detection, result in the destruction of evidence, or the applicant's cooperation is not complete.</p><p>Upon finding that the certifying agency denied the application without a factual or legal justification, or failed to respond to the applicant, the circuit court shall make an award of reasonable costs and attorney fees to a prevailing applicant. Such determination shall be without prejudice to any future proceeding premised upon a material change in circumstances.</p><p>C. Any petition filed pursuant to subsection B, along with the record of all hearings and all other pleadings and papers filed, and orders entered in connection with such petition shall be kept under seal by the clerk unless otherwise ordered by the court.</p><p>D. Nothing in this chapter shall be construed to alter or diminish the duties and requirements of a law-enforcement officer, as defined in § <a href='/vacode/9.1-101/'>9.1-101</a>, the attorney for the Commonwealth, or the Attorney General from disclosing exculpatory information to a defendant in a criminal case.</p><p>2021, Sp. Sess. I, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0468'>468</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter15/section9.1-1502/
|
VA:Title-9.1-Chapter-15
|
15
|
Certifications for Victims of Qualifying Criminal Activity
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-200
|
9.1-200
|
Department of Fire Programs
|
<p>There is created a Department of Fire Programs that shall be headed by a Director who shall be appointed by the Governor to serve at his pleasure. The Department shall be the designated state agency to receive and disburse any funds available to the Commonwealth under the Federal Fire Prevention and Control Act (P. L. 93-498).</p><p>1978, c. 606, § 9-153; 1980, c. 728; 1981, c. 154; 1984, c. 720; 2001, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0844'>844</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter2/section9.1-200/
|
VA:Title-9.1-Chapter-2
|
2
|
Department of Fire Programs
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-201
|
9.1-201
|
Powers of Executive Director
|
<p>The Executive Director shall have the following powers to:</p><p>1. Supervise the administration of the Department;</p><p>2. Prepare, approve, and submit all requests for appropriations and be responsible for all expenditures pursuant to appropriations;</p><p>3. Employ such staff as is necessary to carry out the powers and duties of this chapter, within the limits of available appropriations;</p><p>4. Accept on behalf of the Department grants from the United States government and agencies and instrumentalities thereof and any other sources. To these ends, the Executive Director shall have the power to execute such agreements in accordance with any policies of the Virginia Fire Services Board;</p><p>5. Do all acts necessary or convenient to carry out the purpose of this chapter and to assist the Board in carrying out its responsibilities and duties;</p><p>6. Make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter, including, but not limited to, contracts with the United States, other states, and agencies and governmental subdivisions of the Commonwealth;</p><p>7. Appoint a director of fire services training;</p><p>8. Receive funds as appropriated by the General Assembly collected pursuant to § <a href='/vacode/38.2-401/'>38.2-401</a>, on an annual basis to be used as provided in subsection C of § <a href='/vacode/38.2-401/'>38.2-401</a>;</p><p>9. Administer the Thermal Imaging Camera Grant Funds established pursuant to § <a href='/vacode/9.1-205/'>9.1-205</a>;</p><p>10. Administer the provisions of the Statewide Fire Prevention Code (§ <a href='/vacode/27-94/'>27-94</a> et seq.); and</p><p>11. Develop a training program on the risks of fires in electric vehicles and how to safely and effectively manage such fires to be completed by all firefighters, including volunteer firefighters as defined in § <a href='/vacode/27-42/'>27-42</a>, as required by § 27-23.11.</p><p>1978, c. 606, § 9-154; 1981, c. 154; 1985, cc. 397, 545; 2001, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0844'>844</a>; 2002, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?021+ful+CHAP0721'>721</a>; 2007, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0647'>647</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0741'>741</a>; 2012, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0164'>164</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0456'>456</a>; 2023, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?231+ful+CHAP0087'>87</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter2/section9.1-201/
|
VA:Title-9.1-Chapter-2
|
2
|
Department of Fire Programs
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-202
|
9.1-202
|
Virginia Fire Services Board; membership; terms; compensation
|
<p>A. The Virginia Fire Services Board (the Board) is established as a policy board within the meaning of § <a href='/vacode/2.2-2100/'>2.2-2100</a> in the executive branch of state government. The Board shall consist of 15 members to be appointed by the Governor as follows: a representative of the insurance industry; two members of the general public with no connection to the fire services, one of whom shall be a representative of those industries affected by SARA Title III and OSHA training requirements; one member each from the Virginia Fire Chiefs Association, the Virginia State Firefighters Association, the Virginia Professional Fire Fighters, the Virginia Fire Service Council, the Virginia Fire Prevention Association, the Virginia Chapter of the International Association of Arson Investigators, the Virginia Municipal League, and the Virginia Association of Counties; a local fire marshal as defined by § <a href='/vacode/27-30/'>27-30</a>; and a certified Virginia fire service instructor. Of these appointees, at least one shall be a volunteer firefighter. The State Forester and a member of the Board of Housing and Community Development appointed by the chairman of that Board shall serve as ex officio members of the Board.</p><p>Each of the organizations represented shall submit at least three names for each position for the Governor's consideration in making these appointments.</p><p>B. Members of the Board appointed by the Governor shall serve for terms of four years. An appointment to fill a vacancy shall be for the unexpired term. No appointee shall serve more than two successive four-year terms but neither shall any person serve beyond the time he holds the office or organizational membership by reason of which he was initially eligible for appointment.</p><p>C. The Board annually shall elect its chairman and vice-chairman from among its membership and shall adopt rules of procedure.</p><p>D. All members shall be reimbursed for expenses incurred in the performance of their duties as provided in § <a href='/vacode/2.2-2825/'>2.2-2825</a>. Funding for the expenses shall be provided from the Fire Programs Fund established pursuant to § <a href='/vacode/38.2-401/'>38.2-401</a>.</p><p>E. The Board shall meet no more than six times each calendar year. The Secretary of Public Safety and Homeland Security may call a special meeting of the Board should circumstances dictate. A majority of the current membership of the Board shall constitute a quorum for all purposes.</p><p>1981, c. 154, § 9-153.1; 1985, c. 448; 1986, c. 60; 1989, c. 258; 1992, c. 213; 2001, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0844'>844</a>; 2002, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?021+ful+CHAP0211'>211</a>; 2003, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0836'>836</a>; 2006, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0058'>58</a>; 2007, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0096'>96</a>; 2011, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0691'>691</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0714'>714</a>; 2012, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0164'>164</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0456'>456</a>; 2014, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0031'>31</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0115'>115</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0490'>490</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0820'>820</a>; 2019, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?191+ful+CHAP0208'>208</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter2/section9.1-202/
|
VA:Title-9.1-Chapter-2
|
2
|
Department of Fire Programs
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-203
|
9.1-203
|
Powers and duties of Virginia Fire Services Board; limitation
|
<p>A. The Board shall have the responsibility for promoting the coordination of the efforts of fire service organizations at the state and local levels. To these ends, it shall have the following powers and duties to:</p><p>1. Ensure the development and implementation of the Virginia Fire Prevention and Control Plan;</p><p>2. Review and approve a five-year statewide plan for fire education and training;</p><p>3. Approve the criteria for and disbursement of any grant funds received from the federal government and any agencies thereof and any other source and to disburse such funds in accordance therewith;</p><p>4. Provide technical assistance and advice to local fire departments, other fire services organizations, and local governments through Fire and Emergency Medical Services studies done in conjunction with the Department of Fire Programs;</p><p>5. Advise the Department of Fire Programs on and adopt personnel standards for fire services personnel;</p><p>6. Advise the Department of Fire Programs on the Commonwealth's statewide plan for the collection, analysis, and reporting of data relating to fires in the Commonwealth;</p><p>7. Make recommendations to the Secretary of Public Safety and Homeland Security concerning legislation affecting fire prevention and protection and fire services organizations in Virginia;</p><p>8. Evaluate all fire prevention and protection programs and make any recommendations deemed necessary to improve the level of fire prevention and protection in the Commonwealth;</p><p>9. Advise the Department of Fire Programs on the Statewide Fire Prevention Code;</p><p>10. Investigate alternative means of financial support for volunteer fire departments and advise jurisdictions regarding the implementation of such alternatives; and</p><p>11. Develop a modular training program for volunteer firefighters for adoption by local volunteer fire departments that shall include (i) Fire Fighter I and Fire Fighter II certification pursuant to standards developed by the National Fire Protection Association and (ii) an online training program.</p><p>B. Except for those policies established in § <a href='/vacode/38.2-401/'>38.2-401</a>, compliance with the provisions of § <a href='/vacode/9.1-201/'>9.1-201</a> and this section and any policies or guidelines enacted pursuant thereto shall be optional with, and at the full discretion of, any local governing body and any volunteer fire department or volunteer fire departments operating under the same corporate charters.</p><p>1978, c. 606, § 9-155; 1981, c. 154; 1984, c. 734; 1986, c. 60; 1988, c. 133; 1997, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0791'>791</a>; 2001, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0844'>844</a>; 2012, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0164'>164</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0456'>456</a>; 2014, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0115'>115</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0490'>490</a>; 2018, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?181+ful+CHAP0403'>403</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter2/section9.1-203/
|
VA:Title-9.1-Chapter-2
|
2
|
Department of Fire Programs
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-203.1
|
9.1-203.1
|
Firefighter mental health awareness training
|
<p>A. Each fire department as defined in § <a href='/vacode/27-6.01/'>27-6.01</a> shall develop curricula for mental health awareness training for its personnel, which shall include training regarding the following:</p><p>1. Understanding signs and symptoms of cumulative stress, depression, anxiety, exposure to acute and chronic trauma, compulsive behaviors, and addiction;</p><p>2. Combating and overcoming stigmas;</p><p>3. Responding appropriately to aggressive behaviors such as domestic violence and harassment;</p><p>4. Accessing available mental health treatment and resources; and</p><p>5. Managing stress, self-care techniques, and resiliency.</p><p>B. Any fire department may develop the mental health awareness training curricula in conjunction with other fire departments or firefighter stakeholder groups or may use any training program, developed by any entity, that satisfies the criteria set forth in subsection A.</p><p>C. Firefighters who receive mental health awareness training in accordance with this section shall receive appropriate continuing education credits from the Department of Fire Programs and the Virginia Fire Services Board.</p><p>2018, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?181+ful+CHAP0456'>456</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?181+ful+CHAP0658'>658</a>; 2020, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP1262'>1262</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter2/section9.1-203.1/
|
VA:Title-9.1-Chapter-2
|
2
|
Department of Fire Programs
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-203.2
|
9.1-203.2
|
Firefighter Alzheimer's disease and dementia training
|
<p>A. Each fire department as defined in § <a href='/vacode/27-6.01/'>27-6.01</a> shall develop curricula for Alzheimer's disease and dementia training for its personnel, which shall include training regarding the following: the identification of, communication with, and facilitation of the safe return of individuals diagnosed with Alzheimer's disease and dementia, which shall include (i) techniques for respectful and effective communication with individuals with Alzheimer's disease and dementia and their caregivers; (ii) techniques for addressing the behavioral symptoms of Alzheimer's disease and dementia, including alternatives to physical restraint; (iii) protocols for identifying and reporting incidents of abuse, neglect, and exploitation of individuals with Alzheimer's disease and dementia to adult protective services; (iv) protocols for contacting caregivers when an individual with Alzheimer's disease or dementia is found wandering or during an emergency or crisis situation; (v) a reference list of local resources available for individuals with Alzheimer's disease and dementia; and (vi) a reference list of local and national organizations that assist law-enforcement personnel with locating missing and wandering individuals with Alzheimer's disease and dementia and returning them to their caregivers.</p><p>B. Any fire department may develop the mental health awareness training curricula in conjunction with other fire departments or firefighter stakeholder groups or may use any training program, developed by any entity that satisfies the criteria set forth in subsection A.</p><p>C. Firefighters who receive mental health awareness training in accordance with this section shall receive appropriate continuing education credits from the Department of Fire Programs and the Virginia Fire Services Board.</p><p>2024, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?241+ful+CHAP0698'>698</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter2/section9.1-203.2/
|
VA:Title-9.1-Chapter-2
|
2
|
Department of Fire Programs
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-204
|
9.1-204
|
Fire service training facilities; allocation of funds therefor
|
<p>A. At the beginning of each fiscal year, the Department of Fire Programs, after approval by the Board, may allocate available funds to counties, cities, and towns within the Commonwealth for the purpose of assisting such counties, cities, towns and volunteer fire companies in the construction, improvement, or expansion of fire service training facilities.</p><p>B. Available funds shall be allocated at the discretion of the Board through the Executive Director of the Department of Fire Programs, based on the following:</p><p>1. The total amount of funds available for distribution;</p><p>2. Financial participation by counties, cities, towns, and volunteer fire companies, any such participation being optional on the part of the locality or the particular volunteer fire company; and</p><p>3. Anticipated use of such facilities by the Commonwealth, its subdivisions, or volunteer fire companies.</p><p>C. Such funds shall be distributed to the counties, cities, and towns pursuant to contracts prepared by the office of the Attorney General.</p><p>D. Allocations of such funds to volunteer fire companies shall not be contingent upon or conditioned in any way upon compliance with the provisions of § <a href='http://law.lis.virginia.gov/vacode/9.1-201/'>9.1-201</a> or with any rules, regulations, or guidelines enacted pursuant to the provisions of § <a href='http://law.lis.virginia.gov/vacode/9.1-201/'>9.1-201</a>.</p><p>1981, c. 154, § 9-155.1; 2001, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0844'>844</a>; 2012, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0164'>164</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0456'>456</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter2/section9.1-204/
|
VA:Title-9.1-Chapter-2
|
2
|
Department of Fire Programs
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-205
|
9.1-205
|
Thermal Imaging Camera Grant Fund established
|
<p>A. From only such funds as are appropriated from the general fund by the General Assembly for this purpose and from such gifts, donations, grants, bequests and other funds as may be received on its behalf, there is hereby created in the state treasury a special nonreverting fund to be known as the Virginia Thermal Imaging Camera Grant Fund, hereinafter referred to as the "VTIC Fund." No moneys from the Fire Programs Fund established pursuant to § <a href='http://law.lis.virginia.gov/vacode/38.2-401/'>38.2-401</a> may be used or expended for the VTIC Fund. The VTIC Fund is established to assist the localities of the Commonwealth providing fire service operations in purchasing thermal imaging cameras and equipment associated with the use of thermal imaging cameras. The VTIC Fund shall be administered by the Department of Fire Programs and established on the books of the Comptroller. Any moneys remaining in the VTIC Fund at the end of each fiscal year shall not revert to the general fund but shall remain in the VTIC Fund. Moneys in the VTIC Fund shall not be diverted or expended for any purpose not authorized by this section. Notwithstanding any other provision of law to the contrary, policies established by the Virginia Fire Services Board, and any grants provided from the VTIC Fund, that are not inconsistent with the purposes set out in this section shall be binding upon any locality that accepts such funds or related grants. Expenditures for administration of and disbursements from the VTIC Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Executive Director of the Department of Fire Programs or his designee.</p><p>B. When, and only if, funds are available in the VTIC Fund, a Virginia Thermal Imaging Camera Advisory Panel (the Panel) shall be convened to make recommendations to the Department of Fire Programs for the use of the VTIC Fund. The Panel shall consist of eleven members as follows: three members from the State Fire Chief's Association, three members from the Virginia Professional Firefighters Association and three members from the Virginia State Firefighters Association, appointed by the Fire Services Board from a list of names submitted by each such organization. At least two members shall be appointed from each of the fire program areas established by the Department of Fire Programs. The Panel shall be selected annually only if moneys are available in the VTIC Fund and shall report directly to the Executive Director of the Department of Fire Programs. The Panel shall not have any responsibility or authority over any other matters not specified in this section. Members of the Panel shall not receive compensation, but shall be reimbursed for their reasonable and necessary expenses in the discharge of their duties.</p><p>2002, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?021+ful+CHAP0721'>721</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter2/section9.1-205/
|
VA:Title-9.1-Chapter-2
|
2
|
Department of Fire Programs
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-206
|
9.1-206
|
State Fire Marshal; qualifications; powers and duties; power to arrest, to procure and serve warrants, and to issue summonses; limitation on authority
|
<p>The Executive Director of Fire Programs shall employ a State Fire Marshal and other personnel necessary to carry out the provisions of the Statewide Fire Prevention Code (§ <a href='/vacode/27-94/'>27-94</a> et seq.). The State Fire Marshal and other personnel employed pursuant to this section shall be selected upon the basis of education or experience in administering laws and regulations designed to prevent and eliminate hazards to life and property arising from fire.</p><p>The State Fire Marshal shall have the powers and duties prescribed by the Statewide Fire Prevention Code (§ <a href='/vacode/27-94/'>27-94</a> et seq.), by § <a href='/vacode/27-61/'>27-61</a>, by Board regulation, and by the Director. The State Fire Marshal and those persons duly authorized to enforce the Statewide Fire Prevention Code shall have the authority to arrest, to procure and serve warrants of arrests, and to issue summonses in the manner authorized by general law for violation of the Statewide Fire Prevention Code. The authority granted in this section shall not be construed to authorize the State Fire Marshal to wear or carry firearms. All personnel employed pursuant to this section shall meet the training requirements set forth for local fire marshals in § <a href='/vacode/27-34.2/'>27-34.2</a>. The State Fire Marshal, or his designee, shall be the authority having jurisdiction over state-owned buildings, property, or structures for purposes of fire safety and fire prevention in accordance with the Statewide Fire Prevention Code.</p><p>2007, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0647'>647</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0741'>741</a>; 2023, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?231+ful+CHAP0470'>470</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter2/section9.1-206/
|
VA:Title-9.1-Chapter-2
|
2
|
Department of Fire Programs
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-207
|
9.1-207
|
Inspection of certain state-owned, state-operated, or state-licensed facilities; enforcement of safety standards
|
<p>Notwithstanding any other provisions of this chapter, the State Fire Marshal, upon presenting appropriate credentials, shall make annual inspections for hazards incident to fire in all (i) residential care facilities operated by any state agency, (ii) assisted living facilities licensed or subject to licensure pursuant to Chapter 18 (§ <a href='http://law.lis.virginia.gov/vacode/63.2-1800/'>63.2-1800</a> et seq.) of Title 63.2 that are not inspected by the local fire marshal, (iii) student residence facilities owned or operated by a public institution of higher education, and (iv) public schools that are not inspected by the local fire marshal. In the event that any such facility or residence is found to be nonconforming to the Statewide Fire Prevention Code, the State Fire Marshal or local fire marshal may petition any court of competent jurisdiction for the issuance of an injunction.</p><p>2007, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0647'>647</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0741'>741</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter2/section9.1-207/
|
VA:Title-9.1-Chapter-2
|
2
|
Department of Fire Programs
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-207.1
|
9.1-207.1
|
Firefighting foam management
|
<p>A. For purposes of this section, unless the context requires a different meaning:</p><p>"Class B firefighting foam" means a foam designed for flammable liquid fires.</p><p>"Local government" includes any locality, fire district, regional fire protection authority, or other special purpose district that provides firefighting services.</p><p>"PFAS chemicals" means, for the purposes of firefighting agents, a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom and designed to be fully functional in class B firefighting foam formulations, including perfluoroalkyl and polyfluoroalkyl substances.</p><p>"Testing" includes calibration testing, conformance testing, and fixed system testing.</p><p>B. Beginning July 1, 2021, no person, local government, or agency of the Commonwealth shall discharge or otherwise use class B firefighting foam that contains intentionally added PFAS chemicals (i) for testing purposes, unless otherwise required by law or by the agency having jurisdiction over the testing facility, and with the condition that the testing facility has implemented appropriate containment, treatment, and disposal measures to prevent uncontrolled releases of foam to the environment or (ii) for training purposes, where such foam shall be replaced by nonfluorinated training foams.</p><p>C. No provision of this section shall restrict (i) the manufacture, sale, or distribution of class B firefighting foam that contains intentionally added PFAS chemicals or (ii) the discharge or other use of such foams in emergency firefighting or fire prevention operations.</p><p>2019, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?191+ful+CHAP0838'>838</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter2/section9.1-207.1/
|
VA:Title-9.1-Chapter-2
|
2
|
Department of Fire Programs
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-207.2
|
9.1-207.2
|
Prohibition on use of certain oriented strand board
|
<p>A. As used in this section:</p><p>"Acquired structure" means a building or structure acquired by local government from a property owner for the purpose of conducting live fire training evolutions.</p><p>"Class A fuel materials" includes wood, straw, and paper products.</p><p>"Fire training activities" includes the utilization of live fire training structures designed for conducting live fire training evolutions on a repetitive basis. "Fire training activities" does not include the utilization of acquired structures for conducting live fire training evolutions.</p><p>"Local government" includes any locality, fire district, regional fire protection authority, or other special purpose district that provides firefighting services.</p><p>"Oriented strand board" means a multilayered board made from strands of wood, together with a binder, by the application of heat and pressure, with the strands in the external layer primarily oriented along the panel's strength axis in accordance with US Product Standard 2-18, Performance Standard for Wood Structured Panels. For purposes of this section only, "oriented strand board" means a wood structural panel intended as a covering material for roofs, subfloors, and walls when fastened to supports.</p><p>B. No person, local government, or agency of the Commonwealth shall burn Class A fuel materials that contain oriented strand board during live fire training activities.</p><p>C. No provision of this section shall restrict the manufacture, sale, use, or distribution of Class A fuel materials that contain oriented strand board for purposes outside of fire training activities.</p><p>2021, Sp. Sess. I, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0285'>285</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter2/section9.1-207.2/
|
VA:Title-9.1-Chapter-2
|
2
|
Department of Fire Programs
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-208
|
9.1-208
|
Agreements between Department and other agencies
|
<p>The Department is hereby authorized to enter into agreements with federal agencies, other state agencies, and political subdivisions for services related to enforcement and administration of laws, rules, or regulations or ordinances of such agencies affecting fire safety in public buildings.</p><p>2007, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0647'>647</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0741'>741</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter2/section9.1-208/
|
VA:Title-9.1-Chapter-2
|
2
|
Department of Fire Programs
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-208.1
|
9.1-208.1
|
Volunteer Fire Department Training Fund
|
<p>There is hereby created in the state treasury a special nonreverting fund to be known as the Volunteer Fire Department Training Fund, referred to in this section as "the Fund." The Fund shall be established on the books of the Comptroller. All funds appropriated for such purpose and any gifts, donations, grants, bequests, and other funds received on its behalf shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes of assisting or reimbursing volunteer fire departments or volunteer fire companies with the costs of training and certifying volunteer firefighters. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Executive Director of the Department of Fire Programs.</p><p>2022, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0765'>765</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter2/section9.1-208.1/
|
VA:Title-9.1-Chapter-2
|
2
|
Department of Fire Programs
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-209
|
9.1-209
|
Definitions
|
<p>As used in this chapter, unless the context requires a different meaning:</p><p>"Cigarette" has the same meaning ascribed thereto in § <a href='http://law.lis.virginia.gov/vacode/58.1-1031/'>58.1-1031</a>.</p><p>"Department" means the Department of Taxation.</p><p>"Director" means the Executive Director of the Department of Fire Programs.</p><p>"Importer" has the same meaning ascribed thereto in 26 U.S.C. § 5702 (k).</p><p>"Manufacturer" means (i) a person who manufactures or otherwise produces, or causes to be manufactured or produced, cigarettes intended for sale in the Commonwealth, including cigarettes intended for sale in the United States through an importer; (ii) the first purchaser anywhere that intends to resell in the United States cigarettes that the original manufacturer or maker does not intend for sale in the United States; or (iii) the successor to a person listed in clause (i) or (ii).</p><p>"Package" has the same meaning ascribed thereto in 15 U.S.C. § 1332 (4).</p><p>"Quality control and quality assurance program" means laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing, and the testing repeatability remains within the required repeatability value for any test trial used to certify cigarettes under this chapter.</p><p>"Repeatability" means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95 percent of the time.</p><p>"Retailer" means a person who (i) sells cigarettes to consumers through vending machines on fewer than 40 premises; (ii) otherwise sells cigarettes to consumers; or (iii) holds cigarettes for sale to consumers.</p><p>"Vending machine operator" means a person who (i) holds cigarettes for sale to consumers through vending machines on 40 or more premises or (ii) sells cigarettes to consumers through vending machines on 40 or more premises.</p><p>"Wholesaler" means a person who (i) holds cigarettes for sale to another person for resale or (ii) sells cigarettes to another person for resale.</p><p>2014, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0370'>370</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0418'>418</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter2.1/section9.1-209/
|
VA:Title-9.1-Chapter-2.1
|
2.1
|
REDUCED CIGARETTE IGNITION PROPENSITY
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-210
|
9.1-210
|
Testing and certification of cigarettes
|
<p>A. Except as provided in subsection N, no cigarettes may be sold or offered for sale in the Commonwealth or offered for sale or sold to persons located in the Commonwealth unless:</p><p>1. The cigarettes have been tested in accordance with the test method and meet the performance standard specified in this section;</p><p>2. The manufacturer has filed a written certification in accordance with § <a href='http://law.lis.virginia.gov/vacode/9.1-211/'>9.1-211</a>; and</p><p>3. The cigarettes have been marked in accordance with § <a href='http://law.lis.virginia.gov/vacode/9.1-212/'>9.1-212</a>.</p><p>B. The performance standard for cigarettes sold or offered for sale in the Commonwealth is stated in subdivision E 1.</p><p>C. Testing of cigarettes shall be conducted in accordance with the American Society of Testing and Materials (ASTM) Standard E2187-04 "Standard Test Method for Measuring the Ignition Strength of Cigarettes." The Director, in consultation with the State Fire Marshal, may adopt a subsequent ASTM Standard Test Method for Measuring the Ignition Strength of Cigarettes on a finding that the subsequent method does not result in a change in the percentage of full-length burns exhibited by any tested cigarette when compared to the percentage of full-length burns the same cigarette would exhibit when tested in accordance with ASTM standard E2187-04 and the performance standard of this section.</p><p>D. Testing of cigarettes shall be conducted on 10 layers of filter paper.</p><p>E. 1. No more than 25 percent of the cigarettes tested in a test trial shall exhibit full-length burns.</p><p>2. Forty replicate tests shall comprise a complete test trial for each cigarette tested.</p><p>F. The performance standard required by this section shall only be applied to a complete test trial.</p><p>G. Written certifications shall be based upon testing conducted by a laboratory that has been accredited pursuant to Standard ISO/IEC 17025 of the International Organization for Standardization or other comparable accreditation standard required by the Director.</p><p>H. Each laboratory that conducts tests in accordance with this section shall implement a quality control and quality assurance program that includes a procedure to determine the repeatability of the testing results. The repeatability value shall be no greater than 0.19.</p><p>I. Each cigarette listed in a certification that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard of this section shall have at least two nominally identical bands on the paper surrounding the tobacco column. At least one complete band shall be located at least 15 millimeters from the lighting end of the cigarette. For a cigarette on which the bands are positioned by design, at least two bands shall be located at least 15 millimeters from the lighting end and 10 millimeters from the filter end of the tobacco column. For an unfiltered cigarette, the two complete bands shall be located at least 15 millimeters from the lighting end and 10 millimeters from the labeled end of the tobacco column.</p><p>J. If the Director determines that a cigarette cannot be tested in accordance with the test method required by this section, the manufacturer of the cigarette shall propose to the Director a test method and performance standard for that cigarette. The Director, in consultation with the State Fire Marshal, may approve a test method and performance standard that the Director determines is equivalent to the requirements of this section, and the manufacturer may use that test method and performance standard for certification in accordance with § <a href='http://law.lis.virginia.gov/vacode/9.1-211/'>9.1-211</a>. If the Director determines that another state has enacted reduced cigarette ignition propensity standards that include a test method and performance standard that are the same as those contained in this chapter, and the Director finds that the officials responsible for implementing those requirements have approved the proposed alternative test method and performance standard for a particular cigarette proposed by a manufacturer as meeting the reduced cigarette ignition propensity standards of that state's law or regulation under a legal provision comparable to this section, then the Director shall authorize that manufacturer to employ the alternative test method and performance standard to certify that cigarette for sale in the Commonwealth, unless the Director demonstrates a reasonable basis why the alternative test should not be accepted under this chapter. All other applicable requirements of this section shall apply to the manufacturer.</p><p>K. This section does not require additional testing for cigarettes that are tested in a manner consistent with the requirements of this section for any other purpose.</p><p>L. Each manufacturer shall maintain copies of the reports of all tests conducted on all cigarettes offered for sale for a period of three years, and shall make copies of these reports available to the Director, State Fire Marshal, and Attorney General on written request. Any manufacturer who fails to make copies of these reports available within 60 days of receiving a written request shall be subject to a civil penalty not to exceed $10,000 for each day after the sixtieth day that the manufacturer does not make such copies available.</p><p>M. Testing performed or sponsored by the Director to determine a cigarette's compliance with the performance standard required by this section shall be conducted in accordance with this section.</p><p>N. The requirements of subsection A shall not prohibit the sale of cigarettes solely for the purpose of consumer testing. For purposes of this subdivision, the term "consumer testing" means an assessment of cigarettes that is conducted by a manufacturer, or under the control and direction of a manufacturer, for the purpose of evaluating consumer acceptance of such cigarettes, utilizing only the quantity of cigarettes that is reasonably necessary for such assessment.</p><p>2014, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0370'>370</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0418'>418</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter2.1/section9.1-210/
|
VA:Title-9.1-Chapter-2.1
|
2.1
|
REDUCED CIGARETTE IGNITION PROPENSITY
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-211
|
9.1-211
|
Certification of cigarette testing
|
<p>A. Each manufacturer shall submit to the Director written certification attesting that each cigarette has been tested in accordance with and has met the performance standard required under § <a href='http://law.lis.virginia.gov/vacode/9.1-210/'>9.1-210</a>.</p><p>B. The description of each cigarette listed in the certification shall include:</p><p>1. The brand;</p><p>2. The style;</p><p>3. The length in millimeters;</p><p>4. The circumference in millimeters;</p><p>5. The flavor, if applicable;</p><p>6. Whether filter or nonfilter;</p><p>7. A package description, such as soft pack or box;</p><p>8. The mark approved in accordance with § <a href='http://law.lis.virginia.gov/vacode/9.1-212/'>9.1-212</a>;</p><p>9. The name, address, and telephone number of the laboratory, if different than the manufacturer that conducted the test; and</p><p>10. The date that the testing occurred.</p><p>C. On request, the certification shall be made available to the Attorney General, the Director, and the State Fire Marshal.</p><p>D. Each cigarette certified under this section shall be recertified every three years.</p><p>E. If a manufacturer has certified a cigarette pursuant to this section, and thereafter makes any change to such cigarette that is likely to alter its compliance with the reduced cigarette ignition propensity standards mandated by this chapter, then before such cigarette may be sold or offered for sale in the Commonwealth such manufacturer shall retest such cigarette in accordance with the testing standards prescribed in § <a href='http://law.lis.virginia.gov/vacode/9.1-210/'>9.1-210</a> and maintain records of such retesting as required by § <a href='http://law.lis.virginia.gov/vacode/9.1-210/'>9.1-210</a>. Any such altered cigarette that does not meet the performance standard set forth in § <a href='http://law.lis.virginia.gov/vacode/9.1-210/'>9.1-210</a> shall not be sold in the Commonwealth.</p><p>F. For each brand style of cigarette listed in a certification, a manufacturer shall pay a fee in the amount of $250; however, the Director in consultation with the State Fire Marshal is authorized to adjust the amount of the fee annually to ensure that the amount collected therefrom defrays the actual costs of the processing, testing, enforcement, and oversight activities required by this chapter. The fees assessed under the provisions of this chapter shall be paid into the state treasury and shall be deposited into a special fund designated "Cigarette Fire Safety Standard and Firefighter Protection Act Fund." Moneys deposited into the special fund and the unexpended balance thereof shall be appropriated to the Department of Fire Programs for use by the Director to conduct the processing, testing, enforcement, and oversight activities required by this chapter and performed by the State Fire Marshal pursuant to § <a href='http://law.lis.virginia.gov/vacode/9.1-206/'>9.1-206</a> in carrying out the provisions of the Statewide Fire Prevention Code Act (§ <a href='http://law.lis.virginia.gov/vacode/27-94/'>27-94</a> et seq.), and such expenditures from the special fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Director.</p><p>2014, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0370'>370</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0418'>418</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter2.1/section9.1-211/
|
VA:Title-9.1-Chapter-2.1
|
2.1
|
REDUCED CIGARETTE IGNITION PROPENSITY
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-212
|
9.1-212
|
Marking of cigarettes
|
<p>A. Cigarettes that have been certified in accordance with § <a href='http://law.lis.virginia.gov/vacode/9.1-211/'>9.1-211</a> shall be marked in accordance with the requirements of this section.</p><p>B. The marking shall:</p><p>1. Be in a font of at least eight-point type; and</p><p>2. Include one of the following:</p><p>a. Modification of the product UPC bar code to include a visible mark that is printed at or around the area of the UPC bar code and consists of one or more alphanumeric or symbolic characters permanently stamped, engraved, embossed, or printed in conjunction with the UPC bar code;</p><p>b. Any visible combination of alphanumeric or symbolic characters permanently stamped, engraved, embossed, or printed on the cigarette package or the cellophane wrap; or</p><p>c. Stamped, engraved, embossed, or printed text that indicates that the cigarettes meet the standards of this chapter.</p><p>C. The manufacturer shall request approval of a proposed marking from the Director.</p><p>D. The Director shall approve or disapprove the marking offered, except that the Director shall approve:</p><p>1. The letters "FSC," which signify Fire Standards Compliant, appearing in eight-point type or larger and permanently printed, stamped, engraved, or embossed on the package at or near the UPC code; and</p><p>2. Any marking in use and approved for sale in New York pursuant to the New York fire safety standards for cigarettes.</p><p>E. A marking is deemed approved if the Director fails to act within 10 days after receiving a request for approval.</p><p>F. A manufacturer may not use a modified marking unless the modification has been approved in accordance with this section.</p><p>G. A manufacturer shall use only one marking on all brands that the manufacturer markets.</p><p>H. A marking or modified marking approved by the Director shall be applied uniformly on all brands marketed and on all packages, including packs, cartons, and cases marketed by that manufacturer.</p><p>2014, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0370'>370</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0418'>418</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter2.1/section9.1-212/
|
VA:Title-9.1-Chapter-2.1
|
2.1
|
REDUCED CIGARETTE IGNITION PROPENSITY
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-213
|
9.1-213
|
Provision of copies of certifications and illustration of the packaging markings; inspections
|
<p>A. Each manufacturer shall:</p><p>1. Provide a copy of each certification to each wholesaler to which the manufacturer sells cigarettes; and</p><p>2. Provide sufficient copies of an illustration of the packaging marking approved and used by the manufacturer in accordance with § <a href='http://law.lis.virginia.gov/vacode/9.1-212/'>9.1-212</a> for each retailer and vending machine operator who purchases cigarettes from the wholesaler.</p><p>B. The wholesaler shall provide a copy of the illustration to each retailer and vending machine operator to whom the wholesaler sells cigarettes.</p><p>C. Each retailer, vending machine operator, and wholesaler shall allow the Director or designee of the Director to inspect the markings on cigarette packaging at any time.</p><p>2014, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0370'>370</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0418'>418</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter2.1/section9.1-213/
|
VA:Title-9.1-Chapter-2.1
|
2.1
|
REDUCED CIGARETTE IGNITION PROPENSITY
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-214
|
9.1-214
|
Nonconforming cigarettes
|
<p>A. Any cigarettes that have been sold or offered for sale that do not comply with the performance standard required by § <a href='http://law.lis.virginia.gov/vacode/9.1-210/'>9.1-210</a> shall be deemed contraband and subject to forfeiture and disposal by the Commonwealth; however, prior to the destruction of any cigarettes forfeited pursuant to this subsection, the true holder of the trademark rights in the cigarette brand shall be permitted to inspect such cigarettes.</p><p>B. The Department and the State Fire Marshal, in the regular course of conducting inspections of retailers and wholesalers, may inspect cigarettes to determine if the cigarettes are marked as required by § <a href='http://law.lis.virginia.gov/vacode/9.1-212/'>9.1-212</a>. If the cigarettes are not marked as required, the Department shall notify the Director.</p><p>C. Whenever law-enforcement personnel, the State Fire Marshal or local fire marshal appointed under § <a href='http://law.lis.virginia.gov/vacode/27-30/'>27-30</a>, or a duly authorized representative of the Director discovers any cigarettes that have not been marked in the manner required by § <a href='http://law.lis.virginia.gov/vacode/9.1-212/'>9.1-212</a>, such personnel are hereby authorized and empowered to seize and take possession of such cigarettes. Such cigarettes shall be turned over to the Department and shall be forfeited to the Commonwealth. Cigarettes seized pursuant to this section shall be destroyed; however, prior to the destruction of any cigarette seized pursuant to this subsection, the true holder of the trademark rights in the cigarette brand shall be permitted to inspect the cigarette.</p><p>2014, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0370'>370</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0418'>418</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter2.1/section9.1-214/
|
VA:Title-9.1-Chapter-2.1
|
2.1
|
REDUCED CIGARETTE IGNITION PROPENSITY
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-215
|
9.1-215
|
Powers of Director; regulation and implementation
|
<p>The Director:</p><p>1. In consultation with the State Fire Marshal, may adopt regulations necessary to carry out and administer this chapter;</p><p>2. In consultation with the State Fire Marshal, may adopt regulations for the conduct of random inspections of retailers, vending machine operators, and wholesalers to ensure compliance with this chapter; and</p><p>3. Shall ensure that the implementation and substance of this chapter is in accordance with the implementation and substance of the New York fire safety standards for cigarettes.</p><p>2014, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0370'>370</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0418'>418</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter2.1/section9.1-215/
|
VA:Title-9.1-Chapter-2.1
|
2.1
|
REDUCED CIGARETTE IGNITION PROPENSITY
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-216
|
9.1-216
|
Enforcement; civil penalties
|
<p>A. A manufacturer or other person who knowingly sells or offers for sale cigarettes other than by retail sale in violation of § <a href='http://law.lis.virginia.gov/vacode/9.1-210/'>9.1-210</a> shall be subject to a civil penalty not exceeding $100 for each such pack of cigarettes sold or offered for sale, provided that in no case shall the civil penalty assessed against any such person exceed $100,000 for sales or offers for sale during any 30-day period.</p><p>B. A retailer who knowingly sells cigarettes in violation of § <a href='http://law.lis.virginia.gov/vacode/9.1-210/'>9.1-210</a> shall be subject to a civil penalty not exceeding $100 for each pack of such cigarettes sold or offered for sale, provided that in no case shall the civil penalty assessed against any retailer exceed $25,000 for sales or offers for sale during any 30-day period.</p><p>C. Any person who violates any other provision of this chapter shall be subject to a civil penalty of not more than $1,000 for the first violation. The civil penalty for each subsequent violation shall not exceed $5,000.</p><p>D. A manufacturer who knowingly makes a false certification under § <a href='http://law.lis.virginia.gov/vacode/9.1-211/'>9.1-211</a> shall be subject to a civil penalty of at least $75,000 and not exceeding $250,000 for each false certification.</p><p>E. A civil penalty may be assessed by the Director only after the Director has consulted with the State Fire Marshal and has given the manufacturer charged with making such a false certification an opportunity for a public hearing. Where such a public hearing has been held, the Director shall make findings of fact and issue a written decision as to the occurrence of the violation and the amount of the penalty that is warranted, incorporating, when appropriate, an order therein requiring that the penalty be paid. Any hearing under this section shall be a formal adjudicatory hearing in accordance with the Administrative Process Act (§ <a href='http://law.lis.virginia.gov/vacode/2.2-4000/'>2.2-4000</a> et seq.). When the person charged with such a violation fails to avail himself of the opportunity for a public hearing, a civil penalty shall be assessed by the Director after the Director determines that a violation has occurred and the amount of the penalty is warranted and issues an order requiring that the penalty be paid.</p><p>F. The Director may collect civil penalties that are owed in the same manner as provided by law in respect to judgment of a court of record. Such civil penalties shall be paid into the Cigarette Fire Safety Standard and Firefighter Protection Act Fund referenced in subsection F of § <a href='http://law.lis.virginia.gov/vacode/9.1-211/'>9.1-211</a> and used in carrying out the purposes of this chapter.</p><p>2014, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0370'>370</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0418'>418</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter2.1/section9.1-216/
|
VA:Title-9.1-Chapter-2.1
|
2.1
|
REDUCED CIGARETTE IGNITION PROPENSITY
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-217
|
9.1-217
|
Application of chapter to certain cigarettes; conflicting local ordinances preempted
|
<p>A. Nothing in this chapter shall be construed to prohibit any person from manufacturing or selling cigarettes that do not meet the requirements of this chapter if the cigarettes are or will be stamped for sale in another state or sold in North Carolina or South Carolina, or are packaged for sale outside the United States, and that person has taken reasonable steps to ensure that such cigarettes will not be sold or offered for sale to persons located in the Commonwealth.</p><p>B. Notwithstanding any other provision of law, a locality may neither enact nor enforce any ordinance or other local law or regulation that conflicts with, or is inconsistent with, any provision of this chapter.</p><p>2014, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0370'>370</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0418'>418</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter2.1/section9.1-217/
|
VA:Title-9.1-Chapter-2.1
|
2.1
|
REDUCED CIGARETTE IGNITION PROPENSITY
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-300
|
9.1-300
|
Definitions
|
<p>As used in this chapter, unless the context requires a different meaning:</p><p>"Emergency medical services personnel" means any person who holds a valid certificate issued by the Commissioner and who is employed solely within the fire department, emergency medical services agency, or public safety department of an employing agency as a full-time emergency medical services personnel whose primary responsibility is the provision of emergency care to the sick and injured, using either basic or advanced techniques. Emergency medical services personnel may also provide fire protection services and assist in the enforcement of the fire prevention code.</p><p>"Employing agency" means any municipality of the Commonwealth or any political subdivision thereof, including authorities and special districts, that employs firefighters and emergency medical services personnel.</p><p>"Firefighter" means any person who is employed solely within the fire department or public safety department of an employing agency as a full-time firefighter whose primary responsibility is the prevention and extinguishment of fires, the protection of life and property, and the enforcement of local and state fire prevention codes and laws pertaining to the prevention and control of fires.</p><p>"Interrogation" means any questioning of a formal nature as used in Chapter 4 (§ <a href='http://law.lis.virginia.gov/vacode/9.1-500/'>9.1-500</a> et seq.) that could lead to dismissal, demotion, or suspension for punitive reasons of a firefighter or emergency medical services personnel.</p><p>1987, c. 509, § 2.1-116.9:1; 2001, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0844'>844</a>; 2015, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0502'>502</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0503'>503</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter3/section9.1-300/
|
VA:Title-9.1-Chapter-3
|
3
|
FIREFIGHTERS AND EMERGENCY MEDICAL TECHNICIANS PROCEDURAL GUARANTEE ACT
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-301
|
9.1-301
|
Conduct of interrogation
|
<p>The provisions of this section shall apply whenever a firefighter or emergency medical services personnel are subjected to an interrogation that could lead to dismissal, demotion, or suspension for punitive reasons:</p><p>1. The interrogation shall take place at the facility where the investigating officer is assigned, or at the facility that has jurisdiction over the place where the incident under investigation allegedly occurred, as designated by the investigating officer.</p><p>2. No firefighter or emergency medical services personnel shall be subjected to interrogation without first receiving written notice of sufficient detail of the investigation in order to reasonably apprise the firefighter or emergency medical services personnel of the nature of the investigation.</p><p>3. All interrogations shall be conducted at a reasonable time of day, preferably when the firefighter or emergency medical services personnel is on duty, unless the matters being investigated are of such a nature that immediate action is required.</p><p>4. The firefighter or emergency medical services personnel under investigation shall be informed of the name, rank, and unit or command of the officer in charge of the investigation, the interrogators, and all persons present during any interrogation.</p><p>5. Interrogation sessions shall be of reasonable duration, and the firefighter or emergency medical services personnel shall be permitted reasonable periods for rest and personal necessities. The firefighter or emergency medical services personnel may have an observer of his choice present during the interrogation, as long as the interview is not unduly delayed. This observer may not participate or represent the employee, may not be involved in the investigation, and must be an active or retired member of the department, for purposes of confidentiality.</p><p>6. The firefighter or emergency medical services personnel being interrogated shall not be subjected to offensive language or offered any incentive as an inducement to answer any questions.</p><p>7. If a recording of any interrogation is made, and if a transcript of the interrogation is made, the firefighter or emergency medical services personnel under investigation shall be entitled to a copy without charge. Such record may be electronically recorded.</p><p>8. No firefighter or emergency medical services personnel shall be discharged, disciplined, demoted, denied promotion or seniority, or otherwise disciplined or discriminated against in regard to his employment, or be threatened with any such treatment as retaliation for his exercise of any of the rights granted or protected by this chapter.</p><p>Nothing contained in this section shall prohibit a local governing body from granting its employees rights greater than those contained herein.</p><p>1987, c. 509, § 2.1-116.9:2; 2001, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0844'>844</a>; 2010, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?101+ful+CHAP0779'>779</a>; 2015, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0502'>502</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0503'>503</a>; 2016, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?161+ful+CHAP0419'>419</a>; 2019, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?191+ful+CHAP0831'>831</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter3/section9.1-301/
|
VA:Title-9.1-Chapter-3
|
3
|
FIREFIGHTERS AND EMERGENCY MEDICAL TECHNICIANS PROCEDURAL GUARANTEE ACT
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-302
|
9.1-302
|
Breach of procedures
|
<p>Evidence gathered through the conduct of an interrogation that violates the provisions of this chapter shall not be admissible in any administrative hearing against a firefighter or emergency medical services personnel.</p><p>1987, c. 509, § 2.1-116.9:5; 2001, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0844'>844</a>; 2015, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0502'>502</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0503'>503</a>; 2019, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?191+ful+CHAP0831'>831</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?191+ful+CHAP0841'>841</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter3/section9.1-302/
|
VA:Title-9.1-Chapter-3
|
3
|
FIREFIGHTERS AND EMERGENCY MEDICAL TECHNICIANS PROCEDURAL GUARANTEE ACT
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-303
|
9.1-303
|
Informal counseling not prohibited
|
<p>Nothing in this chapter shall be construed to prohibit the informal counseling of a firefighter or emergency medical services personnel by a supervisor in reference to a minor infraction of policy or procedure that does not result in disciplinary action being taken against the firefighter or emergency medical services personnel.</p><p>1987, c. 509, § 2.1-116.9:3; 2001, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0844'>844</a>; 2015, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0502'>502</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0503'>503</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter3/section9.1-303/
|
VA:Title-9.1-Chapter-3
|
3
|
FIREFIGHTERS AND EMERGENCY MEDICAL TECHNICIANS PROCEDURAL GUARANTEE ACT
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-304
|
9.1-304
|
Rights nonexclusive
|
<p>The rights of firefighters and emergency medical technicians as set forth in this chapter shall not be construed to diminish the rights and privileges of firefighters or emergency medical technicians that are guaranteed to all citizens by the Constitution and laws of the United States and the Commonwealth or limit the granting of broader rights by other law, ordinance or rule.</p><p>This section shall not abridge or expand the rights of firefighters or emergency medical technicians to bring civil suits for injuries suffered in the course of their employment as recognized by the courts, nor is it designed to abrogate any common law or statutory limitation on the rights of recovery.</p><p>1987, c. 509, § 2.1-116.9:4; 2001, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0844'>844</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter3/section9.1-304/
|
VA:Title-9.1-Chapter-3
|
3
|
FIREFIGHTERS AND EMERGENCY MEDICAL TECHNICIANS PROCEDURAL GUARANTEE ACT
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-400
|
9.1-400
|
Title of chapter; definitions
|
<p>A. This chapter shall be known and designated as the Line of Duty Act.</p><p>B. As used in this chapter, unless the context requires a different meaning:</p><p>"Beneficiary" means the spouse of a deceased person and such persons as are entitled to take under the will of a deceased person if testate, or as his heirs at law if intestate.</p><p>"Contributing nonprofit private institution of higher education" means a nonprofit private institution of higher education, as defined in § <a href='/vacode/23.1-100/'>23.1-100</a>, that has (i) established a campus police department pursuant to § <a href='/vacode/23.1-810/'>23.1-810</a> and (ii) made an irrevocable election to provide the benefits under this chapter and to fund the cost by participating in the Fund.</p><p>"Contributing private police department" means a private police department that has made an irrevocable election to provide the benefits under this chapter and to fund the cost by participating in the Fund.</p><p>"Deceased person" means any individual whose death occurs on or after April 8, 1972, in the line of duty as the direct or proximate result of the performance of his duty, including the presumptions under §§ <a href='/vacode/27-40.1/'>27-40.1</a>, <a href='/vacode/27-40.2/'>27-40.2</a>, <a href='/vacode/51.1-813/'>51.1-813</a>, <a href='/vacode/65.2-402/'>65.2-402</a>, and <a href='/vacode/65.2-402.1/'>65.2-402.1</a> if his position is covered by the applicable statute, as (i) a law-enforcement officer of the Commonwealth or any of its political subdivisions, except employees designated pursuant to § <a href='/vacode/53.1-10/'>53.1-10</a> to investigate allegations of criminal behavior affecting the operations of the Department of Corrections, employees designated pursuant to § <a href='/vacode/66-3/'>66-3</a> to investigate allegations of criminal behavior affecting the operations of the Department of Juvenile Justice, and members of the investigations unit of the State Inspector General designated pursuant to § <a href='/vacode/2.2-311/'>2.2-311</a> to investigate allegations of criminal behavior affecting the operations of a state or nonstate agency; (ii) a correctional officer as defined in § <a href='/vacode/53.1-1/'>53.1-1</a>; (iii) a jail officer; (iv) a regional jail or jail farm superintendent; (v) a sheriff, deputy sheriff, or city sergeant or deputy city sergeant of the City of Richmond; (vi) a police chaplain; (vii) a member of any fire company or department or emergency medical services agency that has been recognized by an ordinance or a resolution of the governing body of any county, city, or town of the Commonwealth as an integral part of the official safety program of such county, city, or town, including a person with a recognized membership status with such fire company or department who is enrolled in a Fire Service Training course offered by the Virginia Department of Fire Programs or any fire company or department training required in pursuit of qualification to become a certified firefighter; (viii) a member of any fire company providing fire protection services for facilities of the Virginia National Guard or the Virginia Air National Guard; (ix) a member of the Virginia National Guard or the Virginia Defense Force while such member is serving in the Virginia National Guard or the Virginia Defense Force on official state duty or federal duty under Title 32 of the United States Code; (x) a special agent of the Virginia Alcoholic Beverage Control Authority; (xi) a regular or special conservation police officer who receives compensation from a county, city, or town or from the Commonwealth appointed pursuant to the provisions of § <a href='/vacode/29.1-200/'>29.1-200</a>; (xii) a commissioned forest warden appointed under the provisions of § <a href='/vacode/10.1-1135/'>10.1-1135</a>; (xiii) a member or employee of the Virginia Marine Resources Commission granted the power of arrest pursuant to § <a href='/vacode/28.2-900/'>28.2-900</a>; (xiv) a Department of Emergency Management hazardous materials officer, and any other employee of the Department of Emergency Management who is performing official duties of the agency, when those duties are related to a major disaster or emergency, as defined in § <a href='/vacode/44-146.16/'>44-146.16</a>, that has been or is later declared to exist under the authority of the Governor in accordance with § <a href='/vacode/44-146.28/'>44-146.28</a>; (xv) an employee of any county, city, or town performing official emergency management or emergency services duties in cooperation with the Department of Emergency Management, when those duties are related to a major disaster or emergency, as defined in § <a href='/vacode/44-146.16/'>44-146.16</a>, that has been or is later declared to exist under the authority of the Governor in accordance with § <a href='/vacode/44-146.28/'>44-146.28</a> or a local emergency, as defined in § <a href='/vacode/44-146.16/'>44-146.16</a>, declared by a local governing body; (xvi) a nonfirefighter regional hazardous materials emergency response team member; (xvii) a conservation officer of the Department of Conservation and Recreation commissioned pursuant to § <a href='/vacode/10.1-115/'>10.1-115</a>; (xviii) a full-time sworn member of the enforcement division of the Department of Motor Vehicles appointed pursuant to § <a href='/vacode/46.2-217/'>46.2-217</a>; (xix) a campus police officer employed by a contributing nonprofit private institution of higher education; or (xx) a private police officer employed by a contributing private police department.</p><p>"Disabled person" means any individual who has been determined to be mentally or physically incapacitated so as to prevent the further performance of his duties at the time of his disability where such incapacity is likely to be permanent, and whose incapacity occurs in the line of duty as the direct or proximate result of the performance of his duty, including the presumptions under §§ <a href='/vacode/27-40.1/'>27-40.1</a>, <a href='/vacode/27-40.2/'>27-40.2</a>, <a href='/vacode/51.1-813/'>51.1-813</a>, <a href='/vacode/65.2-402/'>65.2-402</a>, and <a href='/vacode/65.2-402.1/'>65.2-402.1</a> if his position is covered by the applicable statute, in any position listed in the definition of deceased person in this section. "Disabled person" does not include any individual who has been determined to be no longer disabled pursuant to subdivision A 2 of § <a href='/vacode/9.1-404/'>9.1-404</a>. "Disabled person" includes any state employee included in the definition of a deceased person who was disabled on or after January 1, 1966.</p><p>"Eligible dependent" for purposes of continued health insurance pursuant to § <a href='/vacode/9.1-401/'>9.1-401</a> means the natural or adopted child or children of a deceased person or disabled person or of a deceased or disabled person's eligible spouse, provided that any such natural child is born as the result of a pregnancy that occurred prior to, or no later than six months after, the time of the employee's death or disability and that any such adopted child is (i) adopted prior to, or no later than six months after, the time of the employee's death or disability or (ii) adopted more than six months after the employee's death or disability if the adoption is pursuant to a preadoptive agreement entered into prior to, or no later than six months after, the death or disability. Notwithstanding the foregoing, "eligible dependent" shall also include the natural or adopted child or children of a deceased person or disabled person born as the result of a pregnancy or adoption that occurred after the time of the employee's death or disability, but prior to July 1, 2017. Eligibility will continue until the end of the year in which the eligible dependent reaches age 26 or when the eligible dependent ceases to be eligible based on the Virginia Administrative Code or administrative guidance as determined by the Department of Human Resource Management.</p><p>"Eligible spouse" for purposes of continued health insurance pursuant to § <a href='/vacode/9.1-401/'>9.1-401</a> means the spouse of a deceased person or a disabled person at the time of the death or disability. Eligibility will continue until the eligible spouse dies, ceases to be married to a disabled person, or in the case of the spouse of a deceased person, dies, remarries on or after July 1, 2017, or otherwise ceases to be eligible based on the Virginia Administrative Code or administrative guidance as determined by the Department of Human Resource Management.</p><p>"Employee" means any person who would be covered or whose spouse, dependents, or beneficiaries would be covered under the benefits of this chapter if the person became a disabled person or a deceased person.</p><p>"Employer" means (i) the employer of a person who is a covered employee or (ii) in the case of a volunteer who is a member of any fire company or department or rescue squad described in the definition of "deceased person," the county, city, or town that by ordinance or resolution recognized such fire company or department or rescue squad as an integral part of the official safety program of such locality.</p><p>"Fund" means the Line of Duty Death and Health Benefits Trust Fund established pursuant to § <a href='/vacode/9.1-400.1/'>9.1-400.1</a>.</p><p>"Line of duty" means any action the deceased or disabled person was obligated or authorized to perform by rule, regulation, condition of employment or service, or law.</p><p>"LODA Health Benefit Plans" means the separate health benefits plans established pursuant to § <a href='/vacode/9.1-401/'>9.1-401</a>.</p><p>"Nonparticipating employer" means any employer that is a political subdivision of the Commonwealth that elected to directly fund the cost of benefits provided under this chapter and not participate in the Fund.</p><p>"Participating employer" means any employer that is a state agency or is a political subdivision of the Commonwealth that did not make an election to become a nonparticipating employer.</p><p>"Private police officer" means the same as that term is defined in § <a href='/vacode/9.1-101/'>9.1-101</a>.</p><p>"Private police department" means the same as that term is defined in § <a href='/vacode/9.1-101/'>9.1-101</a>.</p><p>"VRS" means the Virginia Retirement System.</p><p>C. Nothing in this chapter shall be construed as applying to any nonprofit private institution of higher education, as defined in § <a href='/vacode/23.1-100/'>23.1-100</a>, that is not a contributing nonprofit private institution of higher education or any private police department that is not a contributing private police department.</p><p>1995, cc. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0112'>112</a>, <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0156'>156</a>, <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0597'>597</a>, §§ 2.1-133.5, 2.1-133.6; 1996, cc. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?961+ful+CHAP0066'>66</a>, <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?961+ful+CHAP0174'>174</a>; 1998, c. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?981+ful+CHAP0712'>712</a>; 2001, cc. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0678'>678</a>, <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0844'>844</a>; 2003, cc. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0037'>37</a>, <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0041'>41</a>, <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP1005'>1005</a>; 2004, c. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0030'>30</a>; 2005, cc. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0907'>907</a>, <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0910'>910</a>; 2006, c. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0824'>824</a>; 2007, c. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0087'>87</a>; 2011, cc. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0572'>572</a>, <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0586'>586</a>; 2012, cc. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0374'>374</a>, <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0458'>458</a>, <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0573'>573</a>; 2015, cc. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0038'>38</a>, <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0502'>502</a>, <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0503'>503</a>, <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0730'>730</a>; 2016, c. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?161+ful+CHAP0677'>677</a>; 2017, cc. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?171+ful+CHAP0439'>439</a>, <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?171+ful+CHAP0627'>627</a>; 2018, c. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?181+ful+CHAP0548'>548</a>; 2020, cc. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0207'>207</a>, <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0559'>559</a>; 2024, c. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?241+ful+CHAP0560'>560</a>; 2025, cc. <a href='https://lis.virginia.gov/bill-details/20251/HB1815/text/CHAP0204'>204</a>, <a href='https://lis.virginia.gov/bill-details/20251/SB1142/text/CHAP0219'>219</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter4/section9.1-400/
|
VA:Title-9.1-Chapter-4
|
4
|
Line of Duty Act
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-400.1
|
9.1-400.1
|
Line of Duty Death and Health Benefits Trust Fund
|
<p>A. There is hereby established a permanent and perpetual fund to be known as the Line of Duty Death and Health Benefits Trust Fund, consisting of such moneys as may be appropriated by the General Assembly; contributions or reimbursements from participating and nonparticipating employers, from contributing nonprofit private institutions of higher education, and from contributing private police departments; gifts, bequests, endowments, or grants from the United States government or its agencies or instrumentalities; net income from the investment of moneys held in the Fund; and any other available sources of funds, public and private. Any moneys remaining in the Fund at the end of a biennium shall not revert to the general fund but shall remain in the Fund. Interest and income earned from the investment of such moneys shall remain in the Fund and be credited to it. The moneys in the Fund shall be (i) deemed separate and independent trust funds, (ii) segregated and accounted for separately from all other funds of the Commonwealth, and (iii) administered solely in the interests of the persons who are covered under the benefits provided pursuant to this chapter. Deposits to and assets of the Fund shall not be subject to the claims of creditors.</p><p>B. The Virginia Retirement System shall invest, reinvest, and manage the assets of the Fund as provided in § <a href='/vacode/51.1-124.39/'>51.1-124.39</a> and shall be reimbursed from the Fund for such activities as provided in that section.</p><p>C. The Fund shall be used to provide the benefits under this chapter related to disabled persons, deceased persons, eligible dependents, and eligible spouses on behalf of participating employers, contributing nonprofit private institutions of higher education, and contributing private police departments and to pay related administrative costs.</p><p>D. Each participating employer, contributing nonprofit private institution of higher education, and contributing private police department shall make annual contributions to the Fund and provide information as determined by VRS. The amount of the contribution for each participating employer, contributing nonprofit private institution of higher education, and contributing private police department shall be determined on a current disbursement basis in accordance with the provisions of this section. For purposes of establishing contribution amounts for participating employers, a member of any fire company or department or rescue squad that has been recognized by an ordinance or a resolution of the governing body of any locality of the Commonwealth as an integral part of the official safety program of such locality shall be considered part of the locality served by the company, department, or rescue squad. If a company, department, or rescue squad serves more than one locality, the affected localities shall determine the basis and apportionment of the required covered payroll and contributions for each company, department, or rescue squad.</p><p>If any participating employer, contributing nonprofit private institution of higher education, or contributing private police department fails to remit contributions or other fees or costs associated with the Fund, VRS shall inform the State Comptroller and the affected participating employer, contributing nonprofit private institution of higher education, or contributing private police department of the delinquent amount. In calculating the delinquent amount, VRS may impose an interest rate of one percent per month of delinquency. The State Comptroller shall forthwith transfer such delinquent amount, plus interest, from any moneys otherwise distributable to such participating employer. In the case of a contributing nonprofit private institution of higher education or a contributing private police department, VRS may employ reasonable methods to collect the delinquent amount, including the procedures set forth in the Virginia Debt Collection Act (§ <a href='/vacode/2.2-4800/'>2.2-4800</a> et seq.).</p><p>2016, c. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?161+ful+CHAP0677'>677</a>; 2017, c. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?171+ful+CHAP0439'>439</a>; 2025, cc. <a href='https://lis.virginia.gov/bill-details/20251/HB1815/text/CHAP0204'>204</a>, <a href='https://lis.virginia.gov/bill-details/20251/SB1142/text/CHAP0219'>219</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter4/section9.1-400.1/
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VA:Title-9.1-Chapter-4
|
4
|
Line of Duty Act
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-401
|
9.1-401
|
Continued health insurance coverage for disabled persons, eligible spouses, and eligible dependents
|
<p>A. Disabled persons, eligible spouses, and eligible dependents shall be afforded continued health insurance coverage as provided in this section, the cost of which shall be paid by the nonparticipating employer to the Department of Human Resource Management or from the Fund on behalf of a participating employer, contributing nonprofit private institution of higher education, or contributing private police department, as applicable. If any disabled person or eligible spouse is receiving the benefits described in this section and would otherwise qualify for the health insurance credit described in Chapter 14 (§ <a href='/vacode/51.1-1400/'>51.1-1400</a> et seq.) of Title 51.1, the amount of such credit shall be deposited into the Line of Duty Death and Health Benefits Trust Fund or paid to the nonparticipating employer, as applicable, from the health insurance credit trust fund, in a manner prescribed by VRS.</p><p>B. 1. The continued health insurance coverage provided by this section for all disabled persons, eligible spouses, and eligible dependents shall be through separate plans, referred to as the LODA Health Benefits Plans (the Plans), administered by the Department of Human Resource Management. The Plans shall comply with all applicable federal and state laws and shall be modeled upon state employee health benefits program plans. Funding of the Plans' reserves and contingency shall be provided through a line of credit, the amount of which shall be based on an actuarially determined estimate of liabilities. The Department of Human Resource Management shall be reimbursed for health insurance premiums and all reasonable costs incurred and associated, directly and indirectly, in performing the duties pursuant to this section (i) from the Line of Duty Death and Health Benefits Trust Fund for costs related to disabled persons, deceased persons, eligible dependents, and eligible spouses on behalf of participating employers, contributing nonprofit private institutions of higher education, and contributing private police departments and (ii) from a nonparticipating employer for premiums and costs related to disabled persons, deceased persons, eligible dependents, and eligible spouses for which the nonparticipating employer is responsible. If any nonparticipating employer fails to remit such premiums and costs, the Department of Human Resource Management shall inform the State Comptroller and the affected nonparticipating employer of the delinquent amount. In calculating the delinquent amount, the Department of Human Resource Management may impose an interest rate of one percent per month of delinquency. The State Comptroller shall forthwith transfer such delinquent amount, plus interest, from any moneys otherwise distributable to such nonparticipating employer.</p><p>2. In the event that temporary health care insurance coverage is needed for disabled persons, eligible spouses, and eligible dependents during the period of transition into the LODA Health Benefits Plans, the Department of Human Resource Management is authorized to acquire and provide temporary transitional health insurance coverage. The type and source of the transitional health plans shall be within the sole discretion of the Department of Human Resource Management. Transitional coverage for eligible dependents shall comply with the eligibility criteria of the transitional plans until enrollment in the LODA Health Benefits Plan can be completed.</p><p>C. 1. a. Except as provided in subdivision 2 and any other law, continued health insurance coverage in any LODA Health Benefits Plans shall not be provided to any person (i) whose coverage under the Plan is based on a deceased person's death or a disabled person's disability occurring on or after July 1, 2017 and (ii) who is eligible for Medicare due to age.</p><p>b. Coverage in the LODA Health Benefits Plans shall also cease for any person upon his death.</p><p>2. The provisions of subdivision 1 a shall not apply to any disabled person who is eligible for Medicare due to disability under Social Security Disability Insurance or a Railroad Retirement Board Disability Annuity. The Department of Human Resource Management may provide such disabled person coverage under a LODA Health Benefits Plan that is separate from the plan for other persons.</p><p>3. Continued health insurance under this section shall also terminate upon the disabled person's return to full duty in any position listed in the definition of deceased person in § <a href='/vacode/9.1-400/'>9.1-400</a>. Such disabled person shall promptly notify the participating or nonparticipating employer, the contributing nonprofit private institution of higher education, or the contributing private police department and VRS and the Department of Human Resource Management upon his return to work.</p><p>4. Such continued health insurance shall be suspended for the Plan year following a calendar year in which the disabled person whose coverage under the Plan is based on a disability occurring on or after July 1, 2017, has earned income in an amount equal to or greater than the salary of the position held by the disabled person at the time of disability, indexed annually based upon the annual increases in the United States Average Consumer Price Index for all items, all urban consumers (CPI-U), as published by the Bureau of Labor Statistics of the U.S. Department of Labor. Such suspension shall cease the Plan year following a calendar year in which the disabled person has not earned such amount of income. The disabled person shall notify the participating or nonparticipating employer, the contributing nonprofit private institution of higher education, or the contributing private police department and VRS and the Department of Human Resource Management no later than March 1 of the year following any year in which he earns income of such amount and shall notify the participating or nonparticipating employer, the contributing nonprofit private institution of higher education, or the contributing private police department and VRS and the Department of Human Resource Management when he no longer is earning such amount. Upon request, a disabled person shall provide VRS and the Department of Human Resource Management with documentation of earned income.</p><p>1998, c. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?981+ful+CHAP0712'>712</a>, § 2.1-133.7:1; 2000, c. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP0616'>616</a>; 2001, c. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0844'>844</a>; 2016, c. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?161+ful+CHAP0677'>677</a>; 2017, c. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?171+ful+CHAP0439'>439</a>; 2025, cc. <a href='https://lis.virginia.gov/bill-details/20251/HB1815/text/CHAP0204'>204</a>, <a href='https://lis.virginia.gov/bill-details/20251/SB1142/text/CHAP0219'>219</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title9.1/chapter4/section9.1-401/
|
VA:Title-9.1-Chapter-4
|
4
|
Line of Duty Act
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-401.1
|
9.1-401.1
|
Supplemental short-term disability benefit for state police officers
|
<p>A state police officer who is a participating employee, as defined in § <a href='http://law.lis.virginia.gov/vacode/51.1-1100/'>51.1-1100</a>, and who incurs a work-related injury in the line of duty, shall receive supplemental short-term disability coverage, pursuant to § <a href='http://law.lis.virginia.gov/vacode/51.1-1121/'>51.1-1121</a>, that provides income replacement for 100 percent of the officer's creditable compensation for the first six months and, pursuant to a certification by the Superintendent of State Police, based on a medical evaluation, that the officer is likely to return to service within another six months, up to one calendar year, that the officer is disabled, without regard to the officer's number of months of state service. Except as provided in this section with regard to the rate of income replacement and the duration of supplemental short-term disability coverage, such state police officers shall be eligible for work-related, supplemental short-term disability benefits upon the same terms and conditions that apply to other participating employees pursuant to Article 4 (§ <a href='http://law.lis.virginia.gov/vacode/51.1-1119/'>51.1-1119</a> et seq.) of Chapter 11 of Title 51.1. Upon the expiration of the one-calendar-year period, such state police officers shall be eligible for supplemental long-term disability benefits as provided in § <a href='http://law.lis.virginia.gov/vacode/51.1-1123/'>51.1-1123</a>.</p><p>2010, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?101+ful+CHAP0654'>654</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title9.1/chapter4/section9.1-401.1/
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VA:Title-9.1-Chapter-4
|
4
|
Line of Duty Act
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-402
|
9.1-402
|
Payments to beneficiaries of certain deceased law-enforcement officers, firefighters, etc., and retirees
|
<p>A. The beneficiary of a deceased person whose death occurred on or before December 31, 2005, while in the line of duty as the direct or proximate result of the performance of his duty shall be entitled to receive the sum of $75,000, which shall be paid by the nonparticipating employer or from the Fund on behalf of a participating employer, a contributing nonprofit private institution of higher education, or a contributing private police department, as applicable, in gratitude for and in recognition of his sacrifice on behalf of the people of the Commonwealth.</p><p>B. The beneficiary of a deceased person whose death occurred on or after January 1, 2006, while in the line of duty as the direct or proximate result of the performance of his duty shall be entitled to receive the sum of $100,000, which shall be paid by the nonparticipating employer, the contributing nonprofit private institution of higher education, or the contributing private police department or from the Fund on behalf of a participating employer, as applicable, in gratitude for and in recognition of his sacrifice on behalf of the people of the Commonwealth.</p><p>C. Subject to the provisions of § <a href='/vacode/27-40.1/'>27-40.1</a>, <a href='/vacode/27-40.2/'>27-40.2</a>, <a href='/vacode/51.1-813/'>51.1-813</a>, or <a href='/vacode/65.2-402/'>65.2-402</a>, if the deceased person's death (i) arose out of and in the course of his employment or (ii) was within five years from his date of retirement, his beneficiary shall be entitled to receive the sum of $25,000 or, if the deceased person's death occurred on or after January 1, 2025, $75,000, which shall be paid by the nonparticipating employer or from the Fund on behalf of a participating employer, a contributing nonprofit private institution of higher education, or a contributing private police department, as applicable. For a campus police officer employed by a contributing nonprofit private institution of higher education or a private police officer employed by a contributing private police department, such officer's date of retirement shall be determined by VRS in consultation with the contributing nonprofit private institution of higher education or the contributing private police department, respectively.</p><p>1995, cc. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0156'>156</a>, <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0597'>597</a>, § 2.1-133.7; 2000, c. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP0314'>314</a>; 2001, c. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0844'>844</a>; 2006, c. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0878'>878</a>; 2016, c. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?161+ful+CHAP0677'>677</a>; 2024, cc. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?241+ful+CHAP0380'>380</a>, <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?241+ful+CHAP0381'>381</a>; 2025, cc. <a href='https://lis.virginia.gov/bill-details/20251/HB1815/text/CHAP0204'>204</a>, <a href='https://lis.virginia.gov/bill-details/20251/SB1142/text/CHAP0219'>219</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter4/section9.1-402/
|
VA:Title-9.1-Chapter-4
|
4
|
Line of Duty Act
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-402.1
|
9.1-402.1
|
Payments for burial expenses
|
<p>It is the intent of the General Assembly that expeditious payments for burial expenses be made for deceased persons whose death is determined to be a direct and proximate result of their performance in the line of duty as defined by the Line of Duty Act. Upon the approval of VRS, at the request of the family of a person who may be subject to the line of duty death benefits, payments shall be made to a funeral service provider for burial and transportation costs by the nonparticipating employer or from the Fund on behalf of a participating employer, a contributing nonprofit private institution of higher education, or a contributing private police department, as applicable. These payments would be advanced from the death benefit that would be due to the beneficiary of the deceased person if it is determined that the person qualifies for line of duty coverage. Expenses advanced under this provision shall not exceed the coverage amounts outlined in § <a href='/vacode/65.2-512/'>65.2-512</a>. In the event that a determination is made that the death is not subject to the line of duty benefits (i) in the case of an employer that is a state agency or political subdivision of the Commonwealth, VRS or other Virginia governmental retirement fund of which the deceased is a member will deduct from benefit payments otherwise due to be paid to the beneficiaries of the deceased payments previously paid for burial and related transportation expenses and return such funds to the nonparticipating employer or to the Fund on behalf of a participating employer, as applicable, and (ii) in the case of a contributing nonprofit private institution of higher education or a contributing private police department, VRS (a) will deduct from benefit payments otherwise due to be paid to the beneficiaries of the deceased payments previously paid for burial and related transportation expenses and return such funds to the Fund and (b) may employ reasonable methods, including the procedures set forth in the Virginia Debt Collection Act (§ <a href='/vacode/2.2-4800/'>2.2-4800</a> et seq.), to recover from the deceased person's estate any payments previously paid for burial and related transportation expenses and return such funds to the Fund. The Virginia Retirement System shall have the right to file a claim with the Virginia Workers' Compensation Commission against any employer to recover burial and related transportation expenses advanced under this provision.</p><p>2012, cc. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0090'>90</a>, <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0576'>576</a>; 2016, c. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?161+ful+CHAP0677'>677</a>; 2025, cc. <a href='https://lis.virginia.gov/bill-details/20251/HB1815/text/CHAP0204'>204</a>, <a href='https://lis.virginia.gov/bill-details/20251/SB1142/text/CHAP0219'>219</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter4/section9.1-402.1/
|
VA:Title-9.1-Chapter-4
|
4
|
Line of Duty Act
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-403
|
9.1-403
|
Claim for payment; costs
|
<p>A. Every beneficiary, disabled person or his spouse, or dependent of a deceased or disabled person shall present his claim to the chief officer, or his designee, of the employer for which the disabled or deceased person last worked on forms to be provided by VRS. Upon receipt of a claim, the chief officer or his designee shall forward the claim to VRS within seven days. The Virginia Retirement System shall determine eligibility for benefits under this chapter. The Virginia Retirement System may request assistance in obtaining information necessary to make an eligibility determination from the Department of State Police. The Department of State Police shall take action to conduct the investigation as expeditiously as possible. The Department of State Police shall be reimbursed from the Fund or the nonparticipating employer, as applicable, for the cost of searching for and obtaining information requested by VRS. The Virginia Retirement System shall be reimbursed for the reasonable costs incurred for making eligibility determinations by nonparticipating employers or from the Fund on behalf of participating employers, contributing nonprofit private institutions of higher education, or contributing private police departments, as applicable. If any nonparticipating employer fails to reimburse VRS for reasonable costs incurred in making an eligibility determination, VRS shall inform the State Comptroller and the affected nonparticipating employer of the delinquent amount. In calculating the delinquent amount, VRS may impose an interest rate of one percent per month of delinquency. The State Comptroller shall forthwith transfer such delinquent amount, plus interest, from any moneys otherwise distributable to such nonparticipating employer.</p><p>B. 1. Within 10 business days of being notified by an employee, or an employee's representative, that such employee is permanently and totally disabled due to a work-related injury suffered in the line of duty, the agency or department employing the employee shall provide him with information about the continued health insurance coverage provided under this chapter and the process for initiating a claim. The employer shall assist in filing a claim, unless such assistance is waived by the employee or the employee's representative.</p><p>2. Within 10 business days of having knowledge that a deceased person's surviving spouse, dependents, or beneficiaries may be entitled to benefits under this chapter, the employer for which the deceased person last worked shall provide the surviving spouse, dependents, or beneficiaries, as applicable, with information about the benefits provided under this chapter and the process for initiating a claim. The employer shall assist in filing a claim, unless such assistance is waived by the surviving spouse, dependents, or beneficiaries.</p><p>C. Within 30 days of receiving a claim pursuant to subsection A, an employer may submit to VRS any evidence that could assist in determining the eligibility of a claim. However, when the claim involves a presumption under § <a href='/vacode/65.2-402/'>65.2-402</a> or <a href='/vacode/65.2-402.1/'>65.2-402.1</a>, VRS shall provide an employer additional time to submit evidence as is necessary not to exceed nine months from the date the employer received a claim pursuant to subsection A. Any such evidence submitted by the employer shall be included in the agency record for the claim.</p><p>1995, c. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0156'>156</a>, § 2.1-133.8; 1998, c. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?981+ful+CHAP0712'>712</a>; 2001, cc. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0427'>427</a>, <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0844'>844</a>; 2007, c. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0090'>90</a>; 2009, cc. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?091+ful+CHAP0393'>393</a>, <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?091+ful+CHAP0580'>580</a>; 2016, c. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?161+ful+CHAP0677'>677</a>; 2025, cc. <a href='https://lis.virginia.gov/bill-details/20251/HB1815/text/CHAP0204'>204</a>, <a href='https://lis.virginia.gov/bill-details/20251/SB1142/text/CHAP0219'>219</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter4/section9.1-403/
|
VA:Title-9.1-Chapter-4
|
4
|
Line of Duty Act
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-404
|
9.1-404
|
Order of the Virginia Retirement System
|
<p>A. 1. The Virginia Retirement System shall make an eligibility determination within 45 days of receiving all necessary information for determining eligibility for a claim filed under § <a href='/vacode/9.1-403/'>9.1-403</a>. The Virginia Retirement System may use a medical board pursuant to § <a href='/vacode/51.1-124.23/'>51.1-124.23</a> in determining eligibility. If benefits under this chapter are due, VRS shall notify the nonparticipating employer, which shall provide the benefits within 15 days of such notice, or VRS shall pay the benefits from the Fund on behalf of the participating employer, contributing nonprofit private institution of higher education, or contributing private police department within 15 days of the determination, as applicable. The payments shall be retroactive to the first date that the disabled person was no longer eligible for health insurance coverage subsidized by his employer.</p><p>2. Two years after an individual has been determined to be a disabled person, VRS may require the disabled person to renew the determination through a process established by VRS. If a disabled person refuses to submit to the determination renewal process described in this subdivision, then benefits under this chapter shall cease for the individual, any eligible dependents, and an eligible spouse until the individual complies. If such individual does not comply within six months from the date of the initial request for a renewed determination, then benefits under this chapter shall permanently cease for the individual, any eligible dependents, and an eligible spouse. If VRS issues a renewed determination that an individual is no longer a disabled person, then benefits under this chapter shall permanently cease for the individual, any eligible dependents, and an eligible spouse. If VRS issues a renewed determination that an individual remains a disabled person, then VRS may require the disabled person to renew the determination five years after such renewed determination through a process established by VRS. The Virginia Retirement System may require the disabled person to renew the determination at any time if VRS has information indicating that the person may no longer be disabled.</p><p>3. For any medical review conducted for the purpose of making an eligibility determination pursuant to this section, VRS shall require such review to be conducted by a licensed health practitioner. For purposes of this section, "licensed health practitioner" means a person licensed to practice medicine or osteopathic medicine pursuant to the provisions of Chapter 29 (§ <a href='/vacode/54.1-2900/'>54.1-2900</a> et seq.) of Title 54.1, a person licensed to practice nursing pursuant to the provisions of Chapter 30 (§ <a href='/vacode/54.1-3000/'>54.1-3000</a> et seq.) of Title 54.1, or a person licensed to practice psychology pursuant to the provisions of Chapter 36 (§ <a href='/vacode/54.1-3600/'>54.1-3600</a> et seq.) of Title 54.1. "Licensed health practitioner" includes a person issued a comparable license, as determined by VRS, by the District of Columbia or a state that is contiguous to the Commonwealth.</p><p>B. The Virginia Retirement System shall be reimbursed for all reasonable costs incurred and associated, directly and indirectly, in performing the duties pursuant to this chapter (i) from the Line of Duty Death and Health Benefits Trust Fund for costs related to disabled persons, deceased persons, eligible dependents, and eligible spouses on behalf of participating employers, contributing nonprofit private institutions of higher education, and contributing private police departments and (ii) from a nonparticipating employer for premiums and costs related to disabled persons, deceased persons, eligible dependents, and eligible spouses for which the nonparticipating employer is responsible.</p><p>C. The Virginia Retirement System may develop policies and procedures necessary to carry out the provisions of this chapter.</p><p>1995, cc. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0156'>156</a>, <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0597'>597</a>, § 2.1-133.9; 1998, c. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?981+ful+CHAP0712'>712</a>; 2001, c. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0844'>844</a>; 2016, c. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?161+ful+CHAP0677'>677</a>; 2017, c. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?171+ful+CHAP0439'>439</a>; 2022, c. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0484'>484</a>; 2025, cc. <a href='https://lis.virginia.gov/bill-details/20251/HB1815/text/CHAP0204'>204</a>, <a href='https://lis.virginia.gov/bill-details/20251/SB1142/text/CHAP0219'>219</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter4/section9.1-404/
|
VA:Title-9.1-Chapter-4
|
4
|
Line of Duty Act
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-405
|
9.1-405
|
Appeal from decision of Virginia Retirement System
|
<p>Any beneficiary, disabled person or eligible spouse or eligible dependent of a deceased or disabled person aggrieved by the decision of VRS may appeal the decision through a process established by VRS. Any such process may utilize a medical board as described in § <a href='/vacode/51.1-124.23/'>51.1-124.23</a>, provided that for any medical review conducted pursuant to the provisions of this chapter, each member of such medical board shall be a licensed health practitioner, as defined in § <a href='/vacode/9.1-404/'>9.1-404</a>. An employer may submit information related to the claim and may participate in any informal fact-finding proceeding that is included in such process established by VRS. Upon completion of the appeal process, the final determination issued by VRS shall constitute a case decision as defined in § <a href='/vacode/2.2-4001/'>2.2-4001</a>. Any beneficiary, disabled person, or eligible spouse or eligible dependent of a deceased or disabled person aggrieved by, and claiming the unlawfulness of, such case decision shall have a right to seek judicial review thereof in accordance with Article 5 (§ <a href='/vacode/2.2-4025/'>2.2-4025</a> et seq.) of the Administrative Process Act. The employer shall not have a right to seek such judicial review.</p><p>1995, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0156'>156</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0597'>597</a>, § <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0002'>2</a>.1-133.10; 1998, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?981+ful+CHAP0712'>712</a>; 2001, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0844'>844</a>; 2016, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?161+ful+CHAP0677'>677</a>; 2022, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0484'>484</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter4/section9.1-405/
|
VA:Title-9.1-Chapter-4
|
4
|
Line of Duty Act
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-406
|
9.1-406
|
Repealed
|
<p>Repealed by Acts 2016, c. 677, cl. 2, effective July 1, 2017.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter4/section9.1-406/
|
VA:Title-9.1-Chapter-4
|
4
|
Line of Duty Act
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-407
|
9.1-407
|
Training
|
<p>Any employee entitled to benefits under this chapter shall receive training within 30 days of his employment, and again every two years thereafter, concerning the benefits available to himself or his beneficiary in case of disability or death in the line of duty. The Virginia Retirement System and the Department of Human Resource Management, in consultation with the Secretary of Public Safety and Homeland Security, shall develop training information to be distributed to employers. The employer shall be responsible for providing the training. Such training shall not count toward in-service training requirements for law-enforcement officers pursuant to § <a href='http://law.lis.virginia.gov/vacode/9.1-102/'>9.1-102</a> and shall include, but not be limited to, the general rules for intestate succession described in § <a href='http://law.lis.virginia.gov/vacode/64.2-200/'>64.2-200</a> that may be applicable to the distribution of benefits provided under § <a href='http://law.lis.virginia.gov/vacode/9.1-402/'>9.1-402</a>.</p><p>2006, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0535'>535</a>; 2014, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0115'>115</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0490'>490</a>; 2016, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?161+ful+CHAP0677'>677</a>; 2017, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?171+ful+CHAP0439'>439</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter4/section9.1-407/
|
VA:Title-9.1-Chapter-4
|
4
|
Line of Duty Act
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-408
|
9.1-408
|
Records of investigation confidential
|
<p>A. Evidence and documents obtained by or created by, and the report of investigation prepared by, the Department of State Police, the Virginia Retirement System, or the Department of Human Resource Management in carrying out the provisions of this chapter shall (i) be deemed confidential, (ii) be exempt from disclosure under the Freedom of Information Act (§ <a href='http://law.lis.virginia.gov/vacode/2.2-3700/'>2.2-3700</a> et seq.), and (iii) not be released in whole or in part by any person to any person except as provided in this chapter. Notwithstanding the provisions of this section, VRS may release to necessary parties such information, documents, and reports for purposes of administering appeals under this chapter.</p><p>B. Notwithstanding subsection A, the Department of State Police and the Department of Accounts shall, upon request, share with the Virginia Retirement System and the Department of Human Resource Management any information, evidence, documents, and reports of investigation related to existing and past claims for benefits provided under this Chapter. Such information, evidence, documents, and reports of investigation shall be exempt from disclosure under the Virginia Freedom of Information Act (§ <a href='http://law.lis.virginia.gov/vacode/2.2-3700/'>2.2-3700</a> et seq.).</p><p>2010, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?101+ful+CHAP0568'>568</a>; 2017, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?171+ful+CHAP0439'>439</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter4/section9.1-408/
|
VA:Title-9.1-Chapter-4
|
4
|
Line of Duty Act
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-500
|
9.1-500
|
Definitions
|
<p>As used in this chapter, unless the context requires a different meaning:</p><p>"Agency" means the Department of State Police, the Division of Capitol Police, the Virginia Marine Resources Commission, the Virginia Port Authority, the Department of Wildlife Resources, the Virginia Alcoholic Beverage Control Authority, the Department of Conservation and Recreation, or the Department of Motor Vehicles; or the political subdivision or the campus police department of any public institution of higher education of the Commonwealth employing the law-enforcement officer.</p><p>"Law-enforcement officer" means any person, other than a Chief of Police 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:</p><p>a. The Department of State Police, the Division of Capitol Police, the Virginia Marine Resources Commission, the Virginia Port Authority, the Department of Wildlife Resources, the Virginia Alcoholic Beverage Control Authority, the Department of Motor Vehicles, or the Department of Conservation and Recreation;</p><p>b. The police department, bureau or force 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 has three or more law-enforcement officers; or</p><p>c. Any conservation police officer as defined in § <a href='/vacode/9.1-101/'>9.1-101</a>.</p><p>For the purposes of this chapter, "law-enforcement officer" shall not include the sheriff's department of any city or county.</p><p>1978, c. 19, § 2.1-116.1; 1979, c. 592; 1983, c. 357; 1995, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0730'>730</a>; 2001, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0844'>844</a>; 2007, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0087'>87</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0364'>364</a>; 2015, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0038'>38</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0730'>730</a>; 2019, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?191+ful+CHAP0489'>489</a>; 2020, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0958'>958</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter5/section9.1-500/
|
VA:Title-9.1-Chapter-5
|
5
|
LAW-ENFORCEMENT OFFICERS PROCEDURAL GUARANTEE ACT
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-501
|
9.1-501
|
Conduct of investigation
|
<p>The provisions of this section shall apply whenever an investigation by an agency focuses on matters which could lead to the dismissal, demotion, suspension or transfer for punitive reasons of a law-enforcement officer:</p><p>1. Any questioning of the officer shall take place at a reasonable time and place as designated by the investigating officer, preferably when the officer under investigation is on duty and at the office of the command of the investigating officer or at the office of the local precinct or police unit of the officer being investigated, unless matters being investigated are of such a nature that immediate action is required.</p><p>2. Prior to the officer being questioned, he shall be informed of (i) the name and rank of the investigating officer and of any individual to be present during the questioning and (ii) the nature of the investigation.</p><p>3. When a blood or urine specimen is taken from a law-enforcement officer for the purpose of determining whether the officer has used drugs or alcohol, the specimen shall be divided and placed into two separate containers. One specimen shall be tested while the other is held in a proper manner to preserve the specimen by the facility collecting or testing the specimen. Should the first specimen test positive, the law-enforcement officer shall have the right to require the second specimen be sent to a laboratory of his choice for independent testing in accordance generally with the procedures set forth in §§ <a href='/vacode/18.2-268.1/'>18.2-268.1</a> through <a href='/vacode/18.2-268.12/'>18.2-268.12</a>. The officer shall notify the chief of his agency in writing of his request within 10 days of being notified of positive specimen results. The laboratory chosen by the officer shall be accredited or certified by one or more of the following: the College of American Pathologists (CAP), the United States Department of Health and Human Services Substance Abuse and Mental Health Services Administration (SAMHSA), the American Board of Forensic Toxicology (ABFT), or an accrediting body that requires conformance to forensic-specific requirements and that is a signatory to the International Laboratory Accreditation Cooperation (ILAC) Mutual Recognition Arrangement with a scope of accreditation that covers the testing being performed.</p><p>1978, c. 19, § 2.1-116.2; 1992, c. 221; 1993, c. 229; 2001, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0844'>844</a>; 2005, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0868'>868</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0881'>881</a>; 2019, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?191+ful+CHAP0474'>474</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter5/section9.1-501/
|
VA:Title-9.1-Chapter-5
|
5
|
LAW-ENFORCEMENT OFFICERS PROCEDURAL GUARANTEE ACT
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-502
|
9.1-502
|
Notice of charges; response; election to proceed under grievance procedure of local governing body
|
<p>A. Before any dismissal, demotion, suspension without pay or transfer for punitive reasons may be imposed, the following rights shall be afforded:</p><p>1. The law-enforcement officer shall be notified in writing of all charges, the basis therefor, and the action which may be taken;</p><p>2. The law-enforcement officer shall be given an opportunity, within a reasonable time limit after the date of the written notice provided for above, to respond orally and in writing to the charges. The time limit shall be determined by the agency, but in no event shall it be less than five calendar days unless agreed to by the law-enforcement officer;</p><p>3. In making his response, the law-enforcement officer may be assisted by counsel at his own expense; and</p><p>4. The law-enforcement officer shall be given written notification of his right to initiate a grievance under the grievance procedure established by the local governing body pursuant to §§ <a href='http://law.lis.virginia.gov/vacode/15.2-1506/'>15.2-1506</a> and <a href='http://law.lis.virginia.gov/vacode/15.2-1507/'>15.2-1507</a>. A copy of the local governing body's grievance procedure shall be provided to the law-enforcement officer upon his request.</p><p>B. A law-enforcement officer may proceed under either the local governing body's grievance procedure or the law-enforcement officer's procedural guarantees, but not both.</p><p>1978, c. 19, § 2.1-116.4; 1987, c. 461; 2001, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0844'>844</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter5/section9.1-502/
|
VA:Title-9.1-Chapter-5
|
5
|
LAW-ENFORCEMENT OFFICERS PROCEDURAL GUARANTEE ACT
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-503
|
9.1-503
|
Personal assets of officers
|
<p>No law-enforcement officer shall be required or requested to disclose any item of his property, income, assets, source of income, debts, or personal or domestic expenditures, including those of any member of his family or household, unless (i) such information is necessary in investigating a possible conflict of interest with respect to the performance of his official duties(ii) such disclosure is required by law, or (iii) such information is related to an investigation. Nothing in this section shall preclude an agency from requiring the law-enforcement officer to disclose any place of off-duty employment and where he may be contacted.</p><p>1978, c. 19, § 2.1-116.3; 2001, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0844'>844</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter5/section9.1-503/
|
VA:Title-9.1-Chapter-5
|
5
|
LAW-ENFORCEMENT OFFICERS PROCEDURAL GUARANTEE ACT
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-504
|
9.1-504
|
Hearing; hearing panel recommendations
|
<p>A. Whenever a law-enforcement officer is dismissed, demoted, suspended or transferred for punitive reasons, he may, within a reasonable amount of time following such action, as set by the agency, request a hearing. If such request is timely made, a hearing shall be held within a reasonable amount of time set by the agency. However, the hearing shall not be set later than fourteen calendar days following the date of request unless a later date is agreed to by the law-enforcement officer. At the hearing, the law-enforcement officer and his agency shall be afforded the opportunity to present evidence, examine and cross-examine witnesses. The law-enforcement officer shall also be given the opportunity to be represented by counsel at the hearing unless the officer and agency are afforded, by regulation, the right to counsel in a subsequent de novo hearing.</p><p>B. The hearing shall be conducted by a panel consisting of one member from within the agency selected by the grievant, one member from within the agency of equal rank of the grievant but no more than two ranks above appointed by the agency head, and a third member from within the agency to be selected by the other two members. In the event that such two members cannot agree upon their selection, the chief judge of the judicial circuit wherein the duty station of the grievant lies shall choose such third member. The hearing panel may, and on the request of either the law-enforcement officer or his agency shall, issue subpoenas requiring the testimony of witnesses who have refused or failed to appear at the hearing. The hearing panel shall rule on the admissibility of the evidence. A record shall be made of the hearing.</p><p>C. At the option of the agency, it may, in lieu of complying with the provisions of § <a href='http://law.lis.virginia.gov/vacode/9.1-502/'>9.1-502</a>, give the law-enforcement officer a statement, in writing, of the charges, the basis therefor, the action which may be taken, and provide a hearing as provided for in this section prior to dismissing, demoting, suspending or transferring for punitive reasons the law-enforcement officer.</p><p>D. The recommendations of the hearing panel, and the reasons therefor, shall be in writing and transmitted promptly to the law-enforcement officer or his attorney and to the chief executive officer of the law-enforcement agency. Such recommendations shall be advisory only, but shall be accorded significant weight.</p><p>1978, c. 19, §§ 2.1-116.5, 2.1-116.7; 1980, c. 191; 2001, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0844'>844</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter5/section9.1-504/
|
VA:Title-9.1-Chapter-5
|
5
|
LAW-ENFORCEMENT OFFICERS PROCEDURAL GUARANTEE ACT
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-505
|
9.1-505
|
Immediate suspension
|
<p>Nothing in this chapter shall prevent the immediate suspension without pay of any law-enforcement officer whose continued presence on the job is deemed to be a substantial and immediate threat to the welfare of his agency or the public, nor shall anything in this chapter prevent the suspension of a law-enforcement officer for refusing to obey a direct order issued in conformance with the agency's written and disseminated regulations. In such a case, the law-enforcement officer shall, upon request, be afforded the rights provided for under this chapter within a reasonable amount of time set by the agency.</p><p>1978, c. 19, § 2.1-116.6; 2001, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0844'>844</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter5/section9.1-505/
|
VA:Title-9.1-Chapter-5
|
5
|
LAW-ENFORCEMENT OFFICERS PROCEDURAL GUARANTEE ACT
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-506
|
9.1-506
|
Informal counseling not prohibited
|
<p>Nothing in this chapter shall be construed to prohibit the informal counseling of a law-enforcement officer by a supervisor in reference to a minor infraction of policy or procedure which does not result in disciplinary action being taken against the law-enforcement officer.</p><p>1978, c. 19, § 2.1-116.8; 2001, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0844'>844</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter5/section9.1-506/
|
VA:Title-9.1-Chapter-5
|
5
|
LAW-ENFORCEMENT OFFICERS PROCEDURAL GUARANTEE ACT
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-507
|
9.1-507
|
Chapter accords minimum rights; exception
|
<p>A. The rights accorded law-enforcement officers in this chapter are minimum rights and all agencies, unless otherwise provided in this section, shall adopt grievance procedures that are consistent with this chapter. However, an agency may provide for additional rights of law-enforcement officers in its grievance procedure.</p><p>B. The provisions of this chapter shall not apply to any law-enforcement officer or law-enforcement agency that serves under the authority of a locality that has established a law-enforcement civilian oversight body pursuant to § <a href='/vacode/9.1-601/'>9.1-601</a>.</p><p>1978, c. 19, § 2.1-116.9; 2001, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0844'>844</a>; 2020, Sp. Sess. I, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?202+ful+CHAP0029'>29</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?202+ful+CHAP0030'>30</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter5/section9.1-507/
|
VA:Title-9.1-Chapter-5
|
5
|
LAW-ENFORCEMENT OFFICERS PROCEDURAL GUARANTEE ACT
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-508
|
9.1-508
|
Definitions
|
<p>As used in this chapter, unless the context requires a different meaning:</p><p>"Correctional officer" means a duly sworn non-probationary employee of the Department of Corrections whose normal duties relate to maintaining immediate control, supervision, and custody of prisoners confined in any state correctional facility.</p><p>"State correctional facility" means any correctional center or correctional field unit used for the incarceration of adult offenders established and operated by the Department of Corrections.</p><p>2018, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?181+ful+CHAP0761'>761</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?181+ful+CHAP0762'>762</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter5.1/section9.1-508/
|
VA:Title-9.1-Chapter-5.1
|
5.1
|
Correctional Officer Procedural Guarantee Act
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-509
|
9.1-509
|
Conduct of investigation; notice of charges
|
<p>A. Whenever an investigation focuses on matters that could lead to the dismissal, demotion, suspension, or transfer for punitive reasons of a correctional officer:</p><p>1. Any questioning shall take place at a reasonable time and place, preferably when the correctional officer under investigation is on duty; and</p><p>2. Prior to the questioning of the correctional officer, he shall be informed of (i) the name and job title of the investigator, (ii) the name and job title of any other individual to be present during the questioning, and (iii) the nature of the investigation.</p><p>B. After questioning pursuant to subsection A but before any dismissal, demotion, suspension, or transfer for punitive reasons may be imposed, the following rights shall be afforded:</p><p>1. The correctional officer shall be notified in writing of all charges, the basis therefor, and the action that may be taken;</p><p>2. The correctional officer shall be given an opportunity, within a reasonable time limit after the date of receipt of the written notice required by subdivision 1, to respond orally and in writing to the charges. The time limit shall be determined by the Department of Corrections, but in no event shall it be less than three calendar days unless agreed to by the correctional officer; and</p><p>3. In making his response, the correctional officer may be assisted by counsel at his own expense or by a representative.</p><p>C. The correctional officer shall also be given written notification of his right to initiate a grievance under the grievance procedure established by the Department of Human Resource Management or his right to request a hearing under this chapter. A copy of the grievance procedure, as well as instructions on how to proceed to a hearing under this chapter, shall be provided to the correctional officer upon his request.</p><p>D. No provision of this section shall apply to any person conducting a criminal investigation or to any correctional officer under investigation for criminal conduct.</p><p>2018, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?181+ful+CHAP0761'>761</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?181+ful+CHAP0762'>762</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter5.1/section9.1-509/
|
VA:Title-9.1-Chapter-5.1
|
5.1
|
Correctional Officer Procedural Guarantee Act
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-510
|
9.1-510
|
Hearing; recommendations
|
<p>A. Whenever a correctional officer is dismissed, demoted, suspended without pay, or transferred for punitive reasons, he may, within a reasonable amount of time following such action, as set by the agency, request a hearing. If such request is timely made, a hearing shall be held within a reasonable amount of time set by the agency. The hearing shall be set no later than 14 calendar days following the date of request, unless a later date is agreed to by the correctional officer.</p><p>B. At the hearing, the correctional officer and the agency shall have the opportunity to present evidence and to examine and cross-examine witnesses. The correctional officer shall also be given the opportunity to be represented by counsel or a representative at the hearing.</p><p>C. The hearing shall be conducted by a panel consisting of one member from within the agency selected by the grievant, one member from within the agency appointed by the agency head, and a third member selected by the other two members. These members shall be security officers of no more than three ranks above the rank of the grievant. If there is no agreement on a third member, the third member shall be chosen by the chief circuit court judge of the circuit where the correctional officer is employed. The hearing panel may issue subpoenas to compel witness testimony at the request of either the correctional officer or the agency. The hearing panel shall rule on the admissibility of evidence. A record shall be made of the hearing.</p><p>D. At the option of the agency, it may, in lieu of complying with the provisions of § <a href='/vacode/9.1-509/'>9.1-509</a>, (i) give the correctional officer a written statement of the charges and the basis for them, and the action that may be taken, and (ii) provide a hearing as provided for in this section prior to dismissing, demoting, suspending, or transferring the correctional officer for disciplinary reasons.</p><p>E. The recommendations of the hearing panel and the reasons therefor shall be made in writing and transmitted promptly to the correctional officer or his counsel and to the agency. Such recommendations shall be advisory only but shall be accorded significant weight.</p><p>F. No provision of this section shall apply to correctional officers dismissed, demoted, suspended without pay, or transferred for punitive reasons as a result of a criminal conviction.</p><p>2018, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?181+ful+CHAP0761'>761</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?181+ful+CHAP0762'>762</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter5.1/section9.1-510/
|
VA:Title-9.1-Chapter-5.1
|
5.1
|
Correctional Officer Procedural Guarantee Act
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-511
|
9.1-511
|
Immediate suspension
|
<p>Nothing in this chapter shall prevent the immediate suspension without pay of any correctional officer whose continued presence in the workplace may be harmful to the correctional officer, other employees, contractors, volunteers, prisoners, or the public; makes it impossible for the agency to conduct business; may hamper an internal investigation into the correctional officer's alleged misconduct; may hamper an investigation being conducted by law enforcement; or may constitute negligence in regard to the agency's duties to the public, other employees, contractors, volunteers, or prisoners. Further, nothing in this chapter shall prevent the suspension of a correctional officer for refusing to obey a direct order issued in compliance with the agency's written and disseminated policies. In such a case, the correctional officer shall, upon request, be afforded the rights provided under this chapter within a reasonable amount of time set by the agency.</p><p>2018, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?181+ful+CHAP0761'>761</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?181+ful+CHAP0762'>762</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter5.1/section9.1-511/
|
VA:Title-9.1-Chapter-5.1
|
5.1
|
Correctional Officer Procedural Guarantee Act
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-512
|
9.1-512
|
Informal counseling not prohibited
|
<p>Nothing in this chapter shall be construed to prohibit the informal counseling of a correctional officer by a supervisor in reference to a minor infraction of policy or procedure that does not result in disciplinary action being taken against the correctional officer.</p><p>2018, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?181+ful+CHAP0761'>761</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?181+ful+CHAP0762'>762</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter5.1/section9.1-512/
|
VA:Title-9.1-Chapter-5.1
|
5.1
|
Correctional Officer Procedural Guarantee Act
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-600
|
9.1-600
|
Civilian protection in cases of police misconduct; minimum standards
|
<p>A. State, local, and other public law-enforcement agencies, which have ten or more law-enforcement officers, shall have procedures as established in subsection B, allowing citizen submission of complaints regarding the conduct of the law-enforcement agency, law-enforcement officers in the agency, or employees of the agency.</p><p>B. Law-enforcement agencies shall ensure, at a minimum, that in the case of all written complaints:</p><p>1. The general public has access to the required forms and information concerning the submission of complaints;</p><p>2. The law-enforcement agency assists individuals in filing complaints; and</p><p>3. Adequate records are maintained of the nature and disposition of such cases.</p><p>1993, c. 722, § 2.1-116.9:6; 2001, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0153'>153</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0844'>844</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter6/section9.1-600/
|
VA:Title-9.1-Chapter-6
|
6
|
Civilian Protection in Cases of Police Misconduct
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-601
|
9.1-601
|
Law-enforcement civilian oversight bodies
|
<p>A. 1. As used in this section, unless the context requires a different meaning:</p><p>"Law-enforcement agency" means a police department established pursuant to § <a href='/vacode/15.2-1701/'>15.2-1701</a> or a campus police department of any public institution of higher education of the Commonwealth employing a law-enforcement officer established pursuant to § <a href='/vacode/23.1-809/'>23.1-809</a>.</p><p>"Law-enforcement officer" means any person, other than a chief of police, who in his official capacity (i) is authorized by law to make arrests and (ii) is a nonprobationary officer of a police department, bureau, or force of any political subdivision, or a campus police department of any public institution of higher education of the Commonwealth, where such department, bureau, or force has three or more law-enforcement officers. "Law-enforcement officer" does not include a sheriff or deputy sheriff or any law-enforcement officer who has rights afforded to him pursuant to the provisions of Chapter 5 (§ <a href='/vacode/9.1-500/'>9.1-500</a> et seq.).</p><p>"Locality" shall be construed to mean a county or city as the context may require.</p><p>2. For the purposes of this section, a "law-enforcement agency serving under the authority of the locality" shall be construed to mean any law-enforcement agency established within the boundaries of a locality, including any town police departments or any campus police departments of any public institution of higher education of the Commonwealth established within such boundaries.</p><p>B. The governing body of a locality may establish a law-enforcement civilian oversight body. Any law-enforcement civilian oversight body established by the governing body of a locality shall reflect the demographic diversity of the locality.</p><p>C. A law-enforcement civilian oversight body established pursuant to this section may have the following duties regarding any law-enforcement agency established within the boundaries of such locality:</p><p>1. To receive, investigate, and issue findings on complaints from civilians regarding the conduct of law-enforcement officers and civilian employees of a law-enforcement agency serving under the authority of the locality;</p><p>2. To investigate and issue findings on incidents, including the use of force by a law-enforcement officer, death or serious injury to any person held in custody, serious abuse of authority or misconduct, allegedly discriminatory stops, and other incidents regarding the conduct of law-enforcement officers or civilian employees of a law-enforcement agency serving under the authority of the locality;</p><p>3. Concordant with any investigation conducted pursuant to subdivisions 1 and 2 and after consultation with such officer's or employee's direct supervisor or commander, to make binding disciplinary determinations in cases that involve serious breaches of departmental and professional standards, as defined by the locality. Such disciplinary determinations may include letters of reprimand, suspension without pay, suspension with pay, demotion within the department, reassignment within the department, termination, involuntary restitution, or mediation, any of which is to be implemented by the local government employee with ultimate supervisory authority over officers or employees of law-enforcement agencies serving under the authority of the locality;</p><p>4. To investigate policies, practices, and procedures of law-enforcement agencies serving under the authority of the locality and to make recommendations regarding changes to such policies, practices, and procedures. If the law-enforcement agency declines to implement any changes recommended by the law-enforcement civilian oversight body, such law-enforcement civilian oversight body may require the law-enforcement agency to create a written record, which shall be made available to the public, of its rationale for declining to implement a recommendation of the law-enforcement civilian oversight body;</p><p>5. To review all investigations conducted internally by law-enforcement agencies serving under the authority of the locality, including internal investigations of civilians employed by such law-enforcement agencies, and to issue findings regarding the accuracy, completeness, and impartiality of such investigations and the sufficiency of any discipline resulting from such investigations;</p><p>6. To request reports of the annual expenditures of the law-enforcement agencies serving under the authority of the locality and to make budgetary recommendations to the governing body of the locality concerning future appropriations;</p><p>7. To make public reports on the activities of the law-enforcement civilian oversight body, including investigations, hearings, findings, recommendations, determinations, and oversight activities; and</p><p>8. To undertake any other duties as reasonably necessary for the law-enforcement civilian oversight body to effectuate its lawful purpose as provided for in this section to effectively oversee the law-enforcement agencies serving under the authority of the locality.</p><p>D. The governing body of the locality shall establish the policies and procedures for the performance of duties by the law-enforcement civilian oversight body as set forth in this section. The law-enforcement civilian oversight body may hold hearings and, if after making a good faith effort to obtain, voluntarily, the attendance of witnesses and the production of books, papers, and other evidence necessary to perform its duties the law-enforcement civilian oversight body is unable to obtain such attendance or production, it may apply to the circuit court for the locality for a subpoena compelling the attendance of such witness or the production of such books, papers, and other evidence, and the court may, upon good cause shown, cause the subpoena to be issued. Any person so subpoenaed may apply to the court that issued such subpoena to quash it.</p><p>E. Any person currently employed as a law-enforcement officer as defined in § <a href='/vacode/9.1-101/'>9.1-101</a> is ineligible to serve on a law-enforcement civilian oversight body established pursuant to this section; however, a retired law-enforcement officer may serve on such law-enforcement civilian oversight body as an advisory, nonvoting ex officio member. Such retired law-enforcement officer shall not have been previously employed as a law-enforcement officer by a law-enforcement agency established within the boundaries of such locality but shall have been employed as a law-enforcement officer as defined in § <a href='/vacode/9.1-101/'>9.1-101</a> in a locality that is similar to the locality that established such law-enforcement civilian oversight body.</p><p>F. A law-enforcement officer who is subject to a binding disciplinary determination may file a grievance requesting a final hearing in accordance with § <a href='/vacode/15.2-1507/'>15.2-1507</a>, provided that such matter is a qualifying grievance under the locality's grievance procedures.</p><p>G. A law-enforcement civilian oversight body may retain legal counsel to represent such oversight body in all cases, hearings, controversies, or matters involving the interests of the oversight body. Such counsel shall be paid from funds appropriated by the locality.</p><p>2020, Sp. Sess. I, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?202+ful+CHAP0029'>29</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?202+ful+CHAP0030'>30</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter6/section9.1-601/
|
VA:Title-9.1-Chapter-6
|
6
|
Civilian Protection in Cases of Police Misconduct
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-700
|
9.1-700
|
Definitions
|
<p>As used in this chapter, unless the context requires a different meaning:</p><p>"Employer" means any political subdivision of the Commonwealth, including any county, city, town, authority, or special district that employs fire protection employees except any locality with five or fewer paid firefighters that is exempt from overtime rules by 29 U.S.C. § 207 (k).</p><p>"Fire protection employee" means any person, other than an employee who is exempt from the overtime provisions of the Fair Labor Standards Act, who is employed by an employer as a paid firefighter, emergency medical services provider, or hazardous materials worker who is (i) trained in fire suppression and has the legal authority and responsibility to engage in fire suppression and is employed by a fire department of an employer or (ii) engaged in the prevention, control, or extinguishment of fires or response to emergency situations where life, property, or the environment is at risk.</p><p>"Law-enforcement employee" means any person who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth, other than an employee who is exempt from the overtime provisions of the Fair Labor Standards Act, and who is a full-time employee of either (i) a police department or (ii) a sheriff's office that is part of or administered by the Commonwealth or any political subdivision thereof.</p><p>"Regularly scheduled work hours" means those hours that are recurring and fixed within the work period and for which an employee receives a salary or hourly compensation. "Regularly scheduled work hours" does not include on-call, extra duty assignments or any other nonrecurring and nonfixed hours.</p><p>2001, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0768'>768</a>, § 2.1-116.9:7; 2005, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0732'>732</a>; 2015, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0502'>502</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0503'>503</a>; 2016, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?161+ful+CHAP0541'>541</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter7/section9.1-700/
|
VA:Title-9.1-Chapter-7
|
7
|
OVERTIME COMPENSATION FOR LAW-ENFORCEMENT EMPLOYEES AND FIREFIGHTERS, EMERGENCY MEDICAL TECHNICIANS, AND OTHER FIRE PROTECTION EMPLOYEES
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-701
|
9.1-701
|
Overtime compensation rate
|
<p>A. Employers shall pay fire protection or law-enforcement employees overtime compensation or leave, as under the Fair Labor Standards Act, 29 U.S.C. § 207 (o), at a rate of not less than one and one-half times the employee's regular rate of pay for all hours of work between the statutory maximum permitted under 29 U.S.C. § 207 (k) and the hours for which an employee receives his salary, or if paid on an hourly basis, the hours for which the employee receives hourly compensation. A fire protection or law-enforcement employee who is paid on an hourly basis shall have paid leave counted as hours of work in an amount no greater than the numbers of hours counted for other fire protection or law-enforcement employees working the same schedule who are paid on a salaried basis in that jurisdiction.</p><p>B. Nothing in this chapter shall be construed to affect the right of any employer to provide overtime compensation to fire protection or law-enforcement employees in an amount that exceeds the amounts required by this section.</p><p>C. The provisions of this section pertaining to law-enforcement employees shall only apply to employers of 100 or more law-enforcement employees.</p><p>2001, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0768'>768</a>, § 2.1-116.9:8; 2005, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0732'>732</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter7/section9.1-701/
|
VA:Title-9.1-Chapter-7
|
7
|
OVERTIME COMPENSATION FOR LAW-ENFORCEMENT EMPLOYEES AND FIREFIGHTERS, EMERGENCY MEDICAL TECHNICIANS, AND OTHER FIRE PROTECTION EMPLOYEES
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-702
|
9.1-702
|
Work period
|
<p>Employers may adopt any work period to compute overtime compensation for fire protection or law-enforcement employees between seven and 28 days provided that the work period is recurring and fixed, and is not changed for purposes of denying overtime compensation to such employees to which they may be entitled under subsection A of § <a href='http://law.lis.virginia.gov/vacode/9.1-701/'>9.1-701</a>. The provisions of this section pertaining to law-enforcement employees shall only apply to employers of 100 or more law-enforcement employees.</p><p>2001, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0768'>768</a>, § 2.1-116.9:9; 2005, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0732'>732</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter7/section9.1-702/
|
VA:Title-9.1-Chapter-7
|
7
|
OVERTIME COMPENSATION FOR LAW-ENFORCEMENT EMPLOYEES AND FIREFIGHTERS, EMERGENCY MEDICAL TECHNICIANS, AND OTHER FIRE PROTECTION EMPLOYEES
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-703
|
9.1-703
|
Hours of work
|
<p>For purposes of computing fire protection or law-enforcement employees' entitlement to overtime compensation, all hours that an employee works or is in a paid status during his regularly scheduled work hours shall be counted as hours of work. The provisions of this section pertaining to law-enforcement employees shall only apply to such employees of an employer of 100 or more law-enforcement employees.</p><p>2001, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0768'>768</a>, § 2.1-116.9:10; 2005, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0732'>732</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter7/section9.1-703/
|
VA:Title-9.1-Chapter-7
|
7
|
OVERTIME COMPENSATION FOR LAW-ENFORCEMENT EMPLOYEES AND FIREFIGHTERS, EMERGENCY MEDICAL TECHNICIANS, AND OTHER FIRE PROTECTION EMPLOYEES
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-704
|
9.1-704
|
Employee's remedies; award of attorneys' fees and costs
|
<p>A. In an action brought under this chapter, an employer who violates the provisions of this chapter shall be liable to the fire protection or law-enforcement employee affected in an amount of double the amount of the unpaid compensation due such employee. However, if the employer can prove that his violation was in good faith, he shall be liable only for the amount of the unpaid compensation plus interest at the rate of eight percent per year, commencing on the date the compensation was due to the employee.</p><p>B. Where the fire protection or law-enforcement employee prevails, the court shall award him attorneys' fees and costs to be paid by the employer.</p><p>C. The provisions of this section pertaining to law-enforcement employees shall only apply in instances where the employer employs 100 or more law-enforcement employees.</p><p>2001, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0768'>768</a>, § 2.1-116.9:11; 2005, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0732'>732</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter7/section9.1-704/
|
VA:Title-9.1-Chapter-7
|
7
|
OVERTIME COMPENSATION FOR LAW-ENFORCEMENT EMPLOYEES AND FIREFIGHTERS, EMERGENCY MEDICAL TECHNICIANS, AND OTHER FIRE PROTECTION EMPLOYEES
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-705
|
9.1-705
|
Limitation of actions
|
<p>Actions brought under this chapter shall be commenced within two years of the date the unpaid compensation was due, or if the violation is willful, within three years of the date the unpaid compensation was due.</p><p>2001, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0768'>768</a>, § 2.1-116.9:12.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter7/section9.1-705/
|
VA:Title-9.1-Chapter-7
|
7
|
OVERTIME COMPENSATION FOR LAW-ENFORCEMENT EMPLOYEES AND FIREFIGHTERS, EMERGENCY MEDICAL TECHNICIANS, AND OTHER FIRE PROTECTION EMPLOYEES
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-706
|
9.1-706
|
Sovereign immunity
|
<p>The immunity of the Commonwealth and of any "agency" as defined in § <a href='http://law.lis.virginia.gov/vacode/8.01-195.2/'>8.01-195.2</a> is hereby preserved.</p><p>2001, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0768'>768</a>, § 2.1-116.9:13.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter7/section9.1-706/
|
VA:Title-9.1-Chapter-7
|
7
|
OVERTIME COMPENSATION FOR LAW-ENFORCEMENT EMPLOYEES AND FIREFIGHTERS, EMERGENCY MEDICAL TECHNICIANS, AND OTHER FIRE PROTECTION EMPLOYEES
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-800
|
9.1-800
|
Commonwealth Public Safety Medal of Valor
|
<p>There is hereby established the Commonwealth Public Safety Medal of Valor. The Governor may award and present the Commonwealth Public Safety Medal of Valor, of appropriate design with ribbons and appurtenances, to a Virginia public safety officer, dispatcher as defined in § <a href='/vacode/56-484.16:1/'>56-484.16:1</a>, or dispatcher employed by the Department of State Police for performance above and beyond the call of duty involving extraordinary valor in the face of grave danger, at great personal risk. The public safety officer, dispatcher as defined in § <a href='/vacode/56-484.16:1/'>56-484.16:1</a>, or dispatcher employed by the Department of State Police shall have exhibited uncommon valor, which clearly distinguishes the officer as performing above and beyond normal job requirements. The Commonwealth Public Safety Medal of Valor shall be the highest award for valor by a public safety officer, dispatcher as defined in § <a href='/vacode/56-484.16:1/'>56-484.16:1</a>, or dispatcher employed by the Department of State Police conferred by the Commonwealth. The Governor may select no more than three recipients for the Commonwealth Public Safety Medal of Valor award each year, unless the Governor determines that extraordinary circumstances warrant the selection of additional recipients.</p><p>2002, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?021+ful+CHAP0150'>150</a>; 2024, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?241+ful+CHAP0253'>253</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter8/section9.1-800/
|
VA:Title-9.1-Chapter-8
|
8
|
COMMONWEALTH PUBLIC SAFETY MEDAL OF VALOR ACT
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-801
|
9.1-801
|
Public safety officer defined
|
<p>As used in this chapter, the term "public safety officer" includes a law-enforcement officer of the Commonwealth or any of its political subdivisions; a correctional officer as defined in § <a href='/vacode/53.1-1/'>53.1-1</a>; a correctional officer employed at a juvenile correctional facility as the term is defined in § <a href='/vacode/66-25.3/'>66-25.3</a>; a jail officer; a regional jail or jail farm superintendent; a member of any fire company or department or nonprofit or volunteer emergency medical services agency that has been recognized by an ordinance or resolution of the governing body of any county, city, or town of the Commonwealth as an integral part of the official safety program of such county, city, or town; an arson investigator; a member of the Virginia National Guard or the Virginia Defense Force while such a member is serving in the Virginia National Guard or the Virginia Defense Force on official state duty or federal duty under Title 32 of the United States Code; any special agent of the Virginia Alcoholic Beverage Control Authority; any police agent appointed under the provisions of § <a href='/vacode/56-353/'>56-353</a>; any regular or special conservation police officer who receives compensation from a county, city, or town or from the Commonwealth appointed pursuant to § <a href='/vacode/29.1-200/'>29.1-200</a>; any commissioned forest warden appointed pursuant to § <a href='/vacode/10.1-1135/'>10.1-1135</a>; any member or employee of the Virginia Marine Resources Commission granted the power to arrest pursuant to § <a href='/vacode/28.2-900/'>28.2-900</a>; any Department of Emergency Management hazardous materials officer; any nonfirefighter regional hazardous materials emergency response team member; any investigator who is a full-time sworn member of the security division of the Virginia Lottery; any full-time sworn member of the enforcement division of the Department of Motor Vehicles meeting the Department of Criminal Justice Services qualifications, when fulfilling duties pursuant to § <a href='/vacode/46.2-217/'>46.2-217</a>; any campus police officer appointed under the provisions of Article 3 (§ <a href='/vacode/23.1-809/'>23.1-809</a> et seq.) of Chapter 8 of Title 23.1; and any conservation officer of the Department of Conservation and Recreation commissioned pursuant to § <a href='/vacode/10.1-115/'>10.1-115</a>.</p><p>2002, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?021+ful+CHAP0150'>150</a>; 2007, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0087'>87</a>; 2011, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0572'>572</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0586'>586</a>; 2014, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0225'>225</a>; 2015, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0038'>38</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0502'>502</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0503'>503</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0730'>730</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter8/section9.1-801/
|
VA:Title-9.1-Chapter-8
|
8
|
COMMONWEALTH PUBLIC SAFETY MEDAL OF VALOR ACT
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-802
|
9.1-802
|
Repealed
|
<p>Repealed by Acts 2011, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0594'>594</a> and <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0681'>681</a>, cl. 2.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter8/section9.1-802/
|
VA:Title-9.1-Chapter-8
|
8
|
COMMONWEALTH PUBLIC SAFETY MEDAL OF VALOR ACT
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-900
|
9.1-900
|
Purpose of the Sex Offender and Crimes Against Minors Registry
|
<p>The purpose of the Sex Offender and Crimes Against Minors Registry (Registry) shall be to assist the efforts of law-enforcement agencies and others to protect their communities and families from repeat offenders and to protect children from becoming victims of criminal offenders by helping to prevent such individuals from being allowed to work directly with children.</p><p>2003, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0584'>584</a>; 2020, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0829'>829</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter9/section9.1-900/
|
VA:Title-9.1-Chapter-9
|
9
|
Sex Offender and Crimes Against Minors Registry Act
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-901
|
9.1-901
|
Persons for whom registration required
|
<p>A. Every person convicted on or after July 1, 1994, including a juvenile tried and convicted in the circuit court pursuant to § <a href='/vacode/16.1-269.1/'>16.1-269.1</a>, whether sentenced as an adult or juvenile, of an offense set forth in § <a href='/vacode/9.1-902/'>9.1-902</a> and every juvenile found delinquent of an offense for which registration is required under subsection C of § <a href='/vacode/9.1-902/'>9.1-902</a> shall register, reregister, and verify his registration information as required by this chapter. Every person serving a sentence of confinement on or after July 1, 1994, for a conviction of an offense set forth in § <a href='/vacode/9.1-902/'>9.1-902</a> shall register, reregister, and verify his registration information as required by this chapter. Every person under community supervision as defined by § <a href='/vacode/53.1-1/'>53.1-1</a> or any similar form of supervision under the laws of the United States or any political subdivision thereof, on or after July 1, 1994, resulting from a conviction of an offense set forth in § <a href='/vacode/9.1-902/'>9.1-902</a> shall register, reregister, and verify his registration information as required by this chapter.</p><p>B. Every person found not guilty by reason of insanity on or after July 1, 2007, of an offense set forth in § <a href='/vacode/9.1-902/'>9.1-902</a> shall register, reregister, and verify his registration information as required by this chapter. Every person in the custody of the Commissioner of Behavioral Health and Developmental Services, or on conditional release on or after July 1, 2007, because of a finding of not guilty by reason of insanity of an offense set forth in § <a href='/vacode/9.1-902/'>9.1-902</a> shall register, reregister, and verify his registration information as required by this chapter.</p><p>C. Unless a specific effective date is otherwise provided, all provisions of the Sex Offender and Crimes Against Minors Registry Act shall apply retroactively. This subsection is declaratory of existing law.</p><p>2003, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0584'>584</a>; 2005, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0586'>586</a>; 2007, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0718'>718</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0744'>744</a>; 2009, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?091+ful+CHAP0813'>813</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?091+ful+CHAP0840'>840</a>; 2020, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0829'>829</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter9/section9.1-901/
|
VA:Title-9.1-Chapter-9
|
9
|
Sex Offender and Crimes Against Minors Registry Act
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-902
|
9.1-902
|
Offenses requiring registration
|
<p>A. For purposes of this chapter:</p><p>"Murder" means a violation of, attempted violation of, or conspiracy to violate § <a href='/vacode/18.2-31/'>18.2-31</a> or <a href='/vacode/18.2-32/'>18.2-32</a> where the victim is (i) under 15 years of age or (ii) where the victim is at least 15 years of age but under 18 years of age and the murder is related to an offense listed in this section or a violation of former § 18.1-21 where the victim is (a) under 15 years of age or (b) at least 15 years of age but under 18 years of age and the murder is related to an offense listed in this section.</p><p>"Offense for which registration is required" includes:</p><p>1. Any Tier I, Tier II, or Tier III offense;</p><p>2. Murder;</p><p>3. Any offense similar to a Tier I, Tier II, or Tier III offense under the laws of any foreign country or any political subdivision thereof or the United States or any political subdivision thereof; and</p><p>4. Any offense for which registration in a sex offender and crimes against minors registry is required under the laws of the jurisdiction where the offender was convicted.</p><p>"Tier I offense" means (i) any homicide in conjunction with a violation of, attempted violation of, or conspiracy to violate clause (i) of § <a href='/vacode/18.2-371/'>18.2-371</a> or § <a href='/vacode/18.2-371.1/'>18.2-371.1</a>, when the offenses arise out of the same incident, or (ii) any violation of, attempted violation of, or conspiracy to violate:</p><p>1. § <a href='/vacode/18.2-63/'>18.2-63</a> unless registration is required pursuant to subdivision 1 of the definition of Tier III offense; former § <a href='/vacode/18.2-67.2:1/'>18.2-67.2:1</a>; § <a href='/vacode/18.2-90/'>18.2-90</a> with the intent to commit rape; former § 18.1-88 with the intent to commit rape; any former felony violation of § <a href='/vacode/18.2-346/'>18.2-346</a>; any felony violation of § <a href='/vacode/18.2-346.01/'>18.2-346.01</a>; any violation of subdivision (4) of § <a href='/vacode/18.2-355/'>18.2-355</a>; any violation of subsection C of § <a href='/vacode/18.2-357.1/'>18.2-357.1</a>; subsection B of § <a href='/vacode/18.2-374.1:1/'>18.2-374.1:1</a>; former subsection D of § <a href='/vacode/18.2-374.1:1/'>18.2-374.1:1</a> as it was in effect from July 1, 1994, through June 30, 2007; former clause (iv) of subsection B of § <a href='/vacode/18.2-374.3/'>18.2-374.3</a> as it was in effect on June 30, 2007; subsection B of § <a href='/vacode/18.2-374.3/'>18.2-374.3</a>; or a third or subsequent conviction of § <a href='/vacode/18.2-67.4/'>18.2-67.4</a>, § <a href='/vacode/18.2-67.4:2/'>18.2-67.4:2</a>, subsection C of § <a href='/vacode/18.2-67.5/'>18.2-67.5</a>, § <a href='/vacode/18.2-386.1/'>18.2-386.1</a>, or, if the offense was committed on or after July 1, 2020, § <a href='/vacode/18.2-386.2/'>18.2-386.2</a>.</p><p>If the offense was committed on or after July 1, 2006, § <a href='/vacode/18.2-91/'>18.2-91</a> with the intent to commit any felony offense listed in this section; subsection A of § <a href='/vacode/18.2-374.1:1/'>18.2-374.1:1</a>; or a felony under § <a href='/vacode/18.2-67.5:1/'>18.2-67.5:1</a>.</p><p>2. Where the victim is a minor or is physically helpless or mentally incapacitated as defined in § <a href='/vacode/18.2-67.10/'>18.2-67.10</a>, subsection A of § <a href='/vacode/18.2-47/'>18.2-47</a>, clause (i) of § <a href='/vacode/18.2-48/'>18.2-48</a>, § <a href='/vacode/18.2-67.4/'>18.2-67.4</a>, subsection C of § <a href='/vacode/18.2-67.5/'>18.2-67.5</a>, § <a href='/vacode/18.2-361/'>18.2-361</a>, § <a href='/vacode/18.2-366/'>18.2-366</a>, or a felony violation of former § 18.1-191.</p><p>3. § <a href='/vacode/18.2-370.6/'>18.2-370.6</a>.</p><p>4. If the offense was committed on or after July 1, 2016, and where the perpetrator is 18 years of age or older and the victim is under the age of 13, any violation of § <a href='/vacode/18.2-51.2/'>18.2-51.2</a>.</p><p>5. If the offense was committed on or after July 1, 2016, any violation of § <a href='/vacode/18.2-356/'>18.2-356</a> punishable as a Class 3 felony or any violation of § <a href='/vacode/18.2-357/'>18.2-357</a> punishable as a Class 3 felony.</p><p>6. If the offense was committed on or after July 1, 2019, any felony violation of § <a href='/vacode/18.2-348/'>18.2-348</a> or <a href='/vacode/18.2-349/'>18.2-349</a>.</p><p>"Tier II offense" means any violation of, attempted violation of, or conspiracy to violate § <a href='/vacode/18.2-64.1/'>18.2-64.1</a>, subsection C of § <a href='/vacode/18.2-374.1:1/'>18.2-374.1:1</a>, or subsection C, D, or E of § <a href='/vacode/18.2-374.3/'>18.2-374.3</a>.</p><p>"Tier III offense" means a violation of, attempted violation of, or conspiracy to violate:</p><p>1. Clause (ii) and (iii) of § <a href='/vacode/18.2-48/'>18.2-48</a>, former § 18.1-38 with the intent to defile or, for the purpose of concubinage or prostitution, a felony violation of subdivision (2) or (3) of former § 18.1-39 that involves assisting or aiding in such an abduction, § <a href='/vacode/18.2-61/'>18.2-61</a>, former § 18.1-44 when such act is accomplished against the complaining witness's will, by force, or through the use of the complaining witness's mental incapacity or physical helplessness, or if the victim is under 13 years of age, subsection A of § <a href='/vacode/18.2-63/'>18.2-63</a> where the perpetrator is more than five years older than the victim, § <a href='/vacode/18.2-67.1/'>18.2-67.1</a>, § <a href='/vacode/18.2-67.2/'>18.2-67.2</a>, § <a href='/vacode/18.2-67.3/'>18.2-67.3</a>, former § 18.1-215 when the complaining witness is under 13 years of age, § <a href='/vacode/18.2-67.4/'>18.2-67.4</a> where the perpetrator is 18 years of age or older and the victim is under the age of six, subsections A and B of § <a href='/vacode/18.2-67.5/'>18.2-67.5</a>, § <a href='/vacode/18.2-370/'>18.2-370</a>, subdivision (1), (2), or (4) of former § 18.1-213, former § 18.1-214, § <a href='/vacode/18.2-370.1/'>18.2-370.1</a>, or § <a href='/vacode/18.2-374.1/'>18.2-374.1</a>;</p><p>2. § <a href='/vacode/18.2-63/'>18.2-63</a>, § <a href='/vacode/18.2-64.1/'>18.2-64.1</a>, former § <a href='/vacode/18.2-67.2:1/'>18.2-67.2:1</a>, § <a href='/vacode/18.2-90/'>18.2-90</a> with the intent to commit rape or, where the victim is a minor or is physically helpless or mentally incapacitated as defined in § <a href='/vacode/18.2-67.10/'>18.2-67.10</a>, subsection A of § <a href='/vacode/18.2-47/'>18.2-47</a>, § <a href='/vacode/18.2-67.4/'>18.2-67.4</a>, subsection C of § <a href='/vacode/18.2-67.5/'>18.2-67.5</a>, clause (i) of § <a href='/vacode/18.2-48/'>18.2-48</a>, § <a href='/vacode/18.2-361/'>18.2-361</a>, § <a href='/vacode/18.2-366/'>18.2-366</a>, or subsection C of § <a href='/vacode/18.2-374.1:1/'>18.2-374.1:1</a>. An offense listed under this subdivision shall be deemed a Tier III offense only if the person has been convicted or adjudicated delinquent of any two or more such offenses, provided that person had been at liberty between such convictions or adjudications;</p><p>3. If the offense was committed on or after July 1, 2006, § <a href='/vacode/18.2-91/'>18.2-91</a> with the intent to commit any felony offense listed in this section. An offense listed under this subdivision shall be deemed a Tier III offense only if the person has been convicted or adjudicated delinquent of any two or more such offenses, provided that the person had been at liberty between such convictions or adjudications; or</p><p>4. Chapter 117 (18 U.S.C. § 2421 et seq.) of Title 18 of the United States Code or sex trafficking (as described in § 1591 of Title 18, U.S.C.).</p><p>B. "Tier I offense" as defined in this section, "Tier II offense" as defined in this section, "Tier III offense" as defined in this section, and "murder" as defined in this section includes any similar offense under the laws of any foreign country or any political subdivision thereof or the United States or any political subdivision thereof.</p><p>C. 1. Any offense under the laws of any foreign country or any political subdivision thereof or the United States or any political subdivision thereof that is similar to (i) any Tier I, II, or III offense or (ii) murder as defined in this section shall require registration and reregistration in accordance with this chapter in a manner consistent with the registration and reregistration obligations imposed by the similar offense listed or defined in this section, unless such offense requires more stringent registration and reregistration obligations under the laws of the jurisdiction where the offender was convicted. In instances where more stringent registration and reregistration obligations are required under the laws of the jurisdiction where the offender was convicted, the offender shall register and reregister as required by this chapter in a manner most similar with the registration obligations imposed under the laws of the jurisdiction where the offender was convicted.</p><p>2. Any offense for which registration in a sex offender and crimes against minors registry is required under the laws of the jurisdiction where the offender was convicted shall require registration and reregistration in accordance with this chapter in the manner most similar with the registration and reregistration obligations imposed under the laws of the jurisdiction where the offender was convicted unless such offense is similar to (i) any Tier I, II, or III offense or (ii) murder as defined in this section and the registration and reregistration obligations imposed by the similar offense listed or defined in this section are more stringent than those registration and reregistration obligations imposed under the laws of the jurisdiction where the offender was convicted. In instances where the similar offense listed or defined in this section imposes more stringent registration and reregistration obligations, the offender shall register and reregister as required by this chapter in a manner consistent with the registration and reregistration obligations imposed by the similar offense listed or defined in this section.</p><p>D. Juveniles adjudicated delinquent shall not be required to register; however, where the offender is a juvenile over the age of 13 at the time of the offense who is tried as a juvenile and is adjudicated delinquent on or after July 1, 2005, of any offense for which registration is required, the court may, in its discretion and upon motion of the attorney for the Commonwealth, find that the circumstances of the offense require offender registration. In making its determination, the court shall consider all of the following factors that are relevant to the case: (i) the degree to which the delinquent act was committed with the use of force, threat, or intimidation, (ii) the age and maturity of the complaining witness, (iii) the age and maturity of the offender, (iv) the difference in the ages of the complaining witness and the offender, (v) the nature of the relationship between the complaining witness and the offender, (vi) the offender's prior criminal history, and (vii) any other aggravating or mitigating factors relevant to the case. The attorney for the Commonwealth may file such a motion at any time during which the offender is within the jurisdiction of the court for the offense that is the basis for such motion. Prior to any hearing on such motion, the court shall appoint a qualified and competent attorney-at-law to represent the offender unless an attorney has been retained and appears on behalf of the offender or counsel has already been appointed.</p><p>E. Prior to entering judgment of conviction of an offense for which registration is required if the victim of the offense was a minor, physically helpless, or mentally incapacitated, when the indictment, warrant, or information does not allege that the victim of the offense was a minor, physically helpless, or mentally incapacitated, the court shall determine by a preponderance of the evidence whether the victim of the offense was a minor, physically helpless, or mentally incapacitated, as defined in § <a href='/vacode/18.2-67.10/'>18.2-67.10</a>, and shall also determine the age of the victim at the time of the offense if it determines the victim to be a minor. When such a determination is required, the court shall advise the defendant of its determination and of the defendant's right to make a motion to withdraw a plea of guilty or nolo contendere pursuant to § <a href='/vacode/19.2-296/'>19.2-296</a>. If the court grants the defendant's motion to withdraw his plea of guilty or of nolo contendere, his case shall be heard by another judge, unless the parties agree otherwise. Failure to make such determination or so advise the defendant does not otherwise invalidate the underlying conviction.</p><p>2003, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0584'>584</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0732'>732</a>; 2004, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0414'>414</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0444'>444</a>; 2005, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0586'>586</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0603'>603</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0631'>631</a>; 2006, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0857'>857</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0875'>875</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0914'>914</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0931'>931</a>; 2007, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0463'>463</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0718'>718</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0759'>759</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0823'>823</a>; 2008, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0592'>592</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0747'>747</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0772'>772</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0877'>877</a>; 2010, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?101+ful+CHAP0858'>858</a>; 2012, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0243'>243</a>; 2013, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?131+ful+CHAP0750'>750</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?131+ful+CHAP0781'>781</a>; 2014, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0546'>546</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0649'>649</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0706'>706</a>; 2015, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0690'>690</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0691'>691</a>; 2016, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?161+ful+CHAP0586'>586</a>; 2019, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?191+ful+CHAP0617'>617</a>; 2020, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0389'>389</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0826'>826</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0829'>829</a>; 2021, Sp. Sess. I, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0188'>188</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title9.1/chapter9/section9.1-902/
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VA:Title-9.1-Chapter-9
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9
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Sex Offender and Crimes Against Minors Registry Act
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VA:Title-9.1
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9.1
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Commonwealth Public Safety
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VA
|
Code of Virginia
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VA:9.1-903
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9.1-903
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Registration and reregistration procedures
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<p>A. Every person convicted, including juveniles tried and convicted in the circuit courts pursuant to § <a href='/vacode/16.1-269.1/'>16.1-269.1</a>, whether sentenced as an adult or juvenile, of an offense for which registration is required and every juvenile found delinquent of an offense for which registration is required under subsection C of § <a href='/vacode/9.1-902/'>9.1-902</a> shall be required upon conviction to register, reregister, and verify his registration information with the Department of State Police. The court shall order the person to provide to the local law-enforcement agency of the county or city where he physically resides all information required by the State Police for inclusion in the Registry. The court shall immediately remand the person to the custody of the local law-enforcement agency for the purpose of obtaining the person's fingerprints and photographs of a type and kind specified by the State Police for inclusion in the Registry. Upon conviction, the local law-enforcement agency shall forthwith forward to the State Police all the necessary registration information.</p><p>B. Every person required to register shall register in person within three days of his release from confinement in a state, local or juvenile correctional facility, in a state civil commitment program for sexually violent predators or, if a sentence of confinement is not imposed, within three days of suspension of the sentence or in the case of a juvenile of disposition. A person required to register shall register, and as part of the registration shall submit to be photographed, submit to have a sample of his blood, saliva, or tissue taken for DNA (deoxyribonucleic acid) analysis and submission to the DNA data bank to determine identification characteristics specific to the person, provide electronic mail address information, any instant message, chat or other Internet communication name or identity information that the person uses or intends to use, submit to have his fingerprints and palm prints taken, provide information regarding his place of employment, and provide motor vehicle, watercraft and aircraft registration information for all motor vehicles, watercraft and aircraft owned by him. The local law-enforcement agency shall obtain from the person who presents himself for registration or reregistration one set of fingerprints, electronic mail address information, any instant message, chat or other Internet communication name or identity information that the person uses or intends to use, one set of palm prints, place of employment information, motor vehicle, watercraft and aircraft registration information for all motor vehicles, watercraft and aircraft owned by the registrant, proof of residency and a photograph of a type and kind specified by the State Police for inclusion in the Registry and advise the person of his duties regarding reregistration and verification of his registration information. The local law-enforcement agency shall obtain from the person who presents himself for registration a sample of his blood, saliva or tissue taken for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person. If a sample from the person is stored in the DNA data bank, as indicated by the Department of Forensic Science DNA data bank sample tracking system, no additional sample shall be taken. The local law-enforcement agency shall forthwith forward to the State Police all necessary registration information.</p><p>C. To establish proof of residence in Virginia, a person who has a permanent physical address shall present one photo-identification form issued by a governmental agency of the Commonwealth which contains the person's complete name, gender, date of birth and complete physical address. The local law-enforcement agency shall forthwith forward to the State Police a copy of the identification presented by the person required to register.</p><p>D. Any person required to register shall also reregister in person with the local law-enforcement agency following any change of name or any change of residence, whether within or without the Commonwealth. The person shall register in person with the local law-enforcement agency within three days following his change of name. If his new residence is within the Commonwealth, the person shall register in person with the local law-enforcement agency where his new residence is located within three days following his change in residence. If the new residence is located outside of the Commonwealth, the person shall register in person with the local law-enforcement agency where he previously registered within 10 days prior to his change of residence. If a probation or parole officer becomes aware of a change of name or residence for any of his probationers or parolees required to register, the probation or parole officer shall notify the State Police forthwith of learning of the change. Whenever a person subject to registration changes residence to another state, the State Police shall notify the designated law-enforcement agency of that state.</p><p>E. Any person required to register shall reregister in person with the local law-enforcement agency where his residence is located within three days following any change of the place of employment, whether within or without the Commonwealth. If a probation or parole officer becomes aware of a change of the place of employment for any of his probationers or parolees required to register, the probation or parole officer shall notify the State Police forthwith upon learning of the change of the person's place of employment. Whenever a person subject to registration changes his place of employment to another state, the State Police shall notify the designated law-enforcement agency of that state.</p><p>F. Any person required to register shall reregister in person with the local law-enforcement agency where his residence is located within three days following any change of owned motor vehicle, watercraft and aircraft registration information, whether within or without the Commonwealth. If a probation or parole officer becomes aware of a change of owned motor vehicle, watercraft and aircraft registration information for any of his probationers or parolees required to register, the probation or parole officer shall notify the State Police forthwith upon learning of the change of the person's owned motor vehicle, watercraft and aircraft registration information. Whenever a person required to register changes his owned motor vehicle, watercraft and aircraft registration information to another state, the State Police shall notify the designated law-enforcement agency of that state.</p><p>G. Any person required to register shall reregister either in person or electronically with the local law-enforcement agency where his residence is located within 30 minutes following any change of the electronic mail address information, any instant message, chat or other Internet communication name or identity information that the person uses or intends to use, whether within or without the Commonwealth. If a probation or parole officer becomes aware of a change of the electronic mail address information, any instant message, chat or other Internet communication name or identity information for any of his probationers or parolees required to register, the probation or parole officer shall notify the State Police forthwith upon learning of the change.</p><p>H. Every person required to register shall submit to be photographed by a local law-enforcement agency every two years, during such person's required verification month and time interval pursuant to subsection B of § <a href='/vacode/9.1-904/'>9.1-904</a>, commencing with the date of initial verification. The local law-enforcement agency shall forthwith forward the photograph of a type and kind specified by the State Police to the State Police. Where practical, the local law-enforcement agency may electronically transfer a digital photograph containing the required information to the Registry.</p><p>I. Upon registration and every two years thereafter during such person's required verification month and time interval pursuant to subsection B of § <a href='/vacode/9.1-904/'>9.1-904</a>, every person required to register shall be required to execute a consent form consistent with applicable law that authorizes a business or organization that offers electronic communications or remote computer services to provide to the Department of State Police any information pertaining to that person necessary to determine the veracity of his electronic identity information in the Registry.</p><p>J. The registration shall be maintained in the Registry and shall include the person's name, any former name if he has lawfully changed his name during the period for which he is required to register, all aliases that he has used or under which he may have been known, the date and locality of the conviction for which registration is required, his fingerprints and a photograph of a type and kind specified by the State Police, his date of birth, social security number, current physical and mailing address and a description of the offense or offenses for which he was convicted. The registration shall also include the locality of the conviction and a description of the offense or offenses for previous convictions for the offenses set forth in § <a href='/vacode/9.1-902/'>9.1-902</a>.</p><p>K. The local law-enforcement agency shall forthwith forward to the State Police all necessary registration or reregistration information received by it. Upon receipt of registration or reregistration information the State Police shall forthwith notify the chief law-enforcement officer of the locality listed as the person's address on the registration and reregistration.</p><p>L. If a person required to register does not have a legal residence, such person shall designate a location that can be located with reasonable specificity where he resides or habitually locates himself. For the purposes of this section, "residence" shall include such a designated location. If the person wishes to change such designated location, he shall do it pursuant to the terms of this section.</p><p>2003, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0584'>584</a>; 2004, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0834'>834</a>; 2005, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0586'>586</a>; 2006, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0857'>857</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0914'>914</a>; 2007, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0718'>718</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0759'>759</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0823'>823</a>; 2008, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0220'>220</a>; 2010, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?101+ful+CHAP0843'>843</a>; 2014, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0677'>677</a>; 2020, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0829'>829</a>; 2022, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0041'>41</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0042'>42</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title9.1/chapter9/section9.1-903/
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VA:Title-9.1-Chapter-9
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9
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Sex Offender and Crimes Against Minors Registry Act
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VA:Title-9.1
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9.1
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Commonwealth Public Safety
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VA
|
Code of Virginia
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VA:9.1-904
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9.1-904
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Periodic verification
|
<p>A. For purposes of this chapter, "verify his registration information" means that the person required to register has notified the State Police; confirmed his current physical and mailing address and electronic mail address information and any instant message, chat, or other Internet communication name or identity information that he uses or intends to use; and provided such other information, including identifying information, that the State Police may require.</p><p>B. Any person required to register shall verify his registration information with the State Police, during such person's required verification month and time interval, commencing with the date of initial registration, as follows:</p><p>1. a. Any person convicted of a Tier I or Tier II offense, yearly intervals to include the person's birth month; and</p><p>b. Any person convicted of a violation of § <a href='/vacode/18.2-472.1/'>18.2-472.1</a>, in which such person was included on the Registry for a Tier I or Tier II offense, twice a year.</p><p>2. a. Any person convicted of a Tier III offense or murder, four times each year at three-month intervals, including the person's birth month; and</p><p>b. Any person convicted of a violation of § <a href='/vacode/18.2-472.1/'>18.2-472.1</a>, in which such person was included on the Registry for a conviction of a Tier III offense or murder, every month.</p><p>C. The State Police shall make available to the person an address verification form to be used for verification of his registration information. The form shall contain in bold print a statement indicating that failure to comply with the verification required is punishable as provided in § <a href='/vacode/18.2-472.1/'>18.2-472.1</a>. Copies of all forms to be used for verification and guidelines for submitting such forms, including month and time verification intervals, shall be available through distribution by the State Police, from local law-enforcement agencies, and in a format capable of being downloaded and printed from a website maintained by the State Police. In addition, State Police may provide any person required to verify his registration information with the option to do so using other electronic means specified in State Police regulations promulgated pursuant to § <a href='/vacode/9.1-915/'>9.1-915</a>.</p><p>D. Persons required to register with last names beginning with A through L shall verify their registration information with the State Police from the first to the fifteenth of such person's verification months pursuant to subsection B, and persons required to register with last names beginning with M through Z shall verify their registration information with the State Police from the sixteenth to the last day of the month during such person's verification months pursuant to subsection B. The last name shall be the last name in the person's name pursuant to § <a href='/vacode/9.1-903/'>9.1-903</a> as it appears in the Registry.</p><p>E. For the period of July 1, 2020, to July 1, 2021, any person required to verify his registration information shall continue to verify his resignation information with the State Police on such person's verification schedule in place prior to July 1, 2020, until such person has verified his registration information pursuant to the new verification schedule provided in subsection B, at which time such person shall continue to verify his registration information pursuant to the new verification schedule.</p><p>2003, c. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0584'>584</a>; 2006, cc. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0857'>857</a>, <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0914'>914</a>; 2007, cc. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0759'>759</a>, <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0823'>823</a>; 2019, cc. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?191+ful+CHAP0613'>613</a>, <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?191+ful+CHAP0614'>614</a>; 2020, c. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0829'>829</a>; 2025, c. <a href='https://lis.virginia.gov/bill-details/20251/SB844/text/CHAP0433'>433</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter9/section9.1-904/
|
VA:Title-9.1-Chapter-9
|
9
|
Sex Offender and Crimes Against Minors Registry Act
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-905
|
9.1-905
|
New residents and nonresident offenders; registration required
|
<p>A. All persons required to register shall register within three days of establishing a residence in the Commonwealth.</p><p>B. Nonresident offenders entering the Commonwealth for an extended visit, for employment, to carry on a vocation, or as a student attending school who are required to register in their state of residence or who would be required to register if a resident of the Commonwealth shall, within three days of entering the Commonwealth for an extended visit, accepting employment or enrolling in school in the Commonwealth, be required to register and reregister in person with the local law-enforcement agency.</p><p>C. To document employment or school attendance in Virginia a person shall present proof of enrollment as a student or suitable proof of temporary employment in the Commonwealth and one photo-identification form issued by a governmental agency of the person's state of residence which contains the person's complete name, gender, date of birth and complete address.</p><p>D. For purposes of this section:</p><p>"Employment" and "carry on a vocation" include employment that is full-time or part-time for a period of time exceeding 14 days or for an aggregate period of time exceeding 30 days during any calendar year, whether financially compensated, volunteered, or for the purpose of government or educational benefit.</p><p>"Extended visit" means a period of visitation for any purpose in the Commonwealth of 30 days or more.</p><p>"Student" means a person who is enrolled on a full-time or part-time basis, in any public or private educational institution, including any secondary school, trade or professional institution, or institution of higher education.</p><p>2003, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0584'>584</a>; 2005, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0603'>603</a>; 2006, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0857'>857</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0914'>914</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter9/section9.1-905/
|
VA:Title-9.1-Chapter-9
|
9
|
Sex Offender and Crimes Against Minors Registry Act
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-906
|
9.1-906
|
Enrollment or employment at institution of higher education; information required
|
<p>A. Persons required to register, reregister, or verify their registration information who are enrolled in or employed at institutions of higher education shall, in addition to other registration requirements, indicate on their registration, reregistration, and verification form the name and location of the institution attended by or employing the registrant whether such institution is within or without the Commonwealth. In addition, persons required to register, reregister, or verify their registration information shall notify the local law-enforcement agency in person within three days of any change in their enrollment or employment status with an institution of higher education. The local law-enforcement agency shall forthwith forward to the State Police all necessary registration or reregistration information received by it.</p><p>B. Upon receipt of a registration, reregistration, or verification of registration information indicating enrollment or employment with an institution of higher education or notification of a change in status, the State Police shall notify the chief law-enforcement officer of the institution's law-enforcement agency or, if there is no institutional law-enforcement agency, the local law-enforcement agency serving that institution, of the registration, reregistration, verification of registration information, or change in status. The law-enforcement agency receiving notification under this section shall make such information available upon request.</p><p>C. For purposes of this section:</p><p>"Employment" includes full- or part-time, temporary or permanent or contractual employment at an institution of higher education either with or without compensation.</p><p>"Enrollment" includes both full- and part-time.</p><p>"Institution of higher education" means any postsecondary school, trade or professional institution, or institution of higher education.</p><p>2003, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0584'>584</a>; 2006, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0857'>857</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0914'>914</a>; 2020, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0829'>829</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter9/section9.1-906/
|
VA:Title-9.1-Chapter-9
|
9
|
Sex Offender and Crimes Against Minors Registry Act
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-906.1
|
9.1-906.1
|
Emergency shelters; notification; registration
|
<p>Any person required to register or reregister who enters any place or facility that is designated by the Commonwealth or any political subdivision thereof as an emergency shelter and operated in response to a state or local emergency declared pursuant to Chapter 3.2 (§ <a href='/vacode/44-146.13/'>44-146.13</a> et seq.) of Title 44 shall, as soon as practicable after entry, notify a member of the emergency shelter's staff who is responsible for providing security at the emergency shelter that such person is a registered sex offender. The use of such Registry information pursuant to this section does not constitute a violation of § <a href='/vacode/9.1-918/'>9.1-918</a>. No person shall be denied entry into an emergency shelter solely on the basis of his status as a registered sex offender unless such entry is otherwise prohibited by law.</p><p>2022, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0316'>316</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter9/section9.1-906.1/
|
VA:Title-9.1-Chapter-9
|
9
|
Sex Offender and Crimes Against Minors Registry Act
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-907
|
9.1-907
|
Procedures upon a failure to register, reregister, or verify registration information
|
<p>A. Whenever it appears from the records of the State Police that a person has failed to comply with the duty to register, reregister, or verify his registration information, the State Police shall promptly investigate and, if there is probable cause to believe a violation has occurred, obtain a warrant or assist in obtaining an indictment charging a violation of § <a href='/vacode/18.2-472.1/'>18.2-472.1</a> in the jurisdiction in which the person last registered, reregistered, or verified his registration information or, if the person failed to comply with the duty to register, in the jurisdiction in which the person was last convicted of an offense for which registration or reregistration is required or if the person was convicted of an offense requiring registration outside the Commonwealth, in the jurisdiction in which the person resides. The State Police shall forward to the jurisdiction an affidavit signed by a custodian of the records that such person failed to comply with the duty to register, reregister, or verify his registration information. If such affidavit is admitted into evidence, it shall constitute prima facie evidence of the failure to comply with the duty to register, reregister, or verify his registration information in any trial or hearing for the violation of § <a href='/vacode/18.2-472.1/'>18.2-472.1</a>, provided that in a trial or hearing other than a preliminary hearing, the requirements of subsection G of § <a href='/vacode/18.2-472.1/'>18.2-472.1</a> have been satisfied and the accused has not objected to the admission of the affidavit pursuant to subsection H of § <a href='/vacode/18.2-472.1/'>18.2-472.1</a>. The State Police shall also promptly notify the local law-enforcement agency of the jurisdiction of the person's last known residence as shown in the records of the State Police.</p><p>B. Nothing in this section shall prohibit a law-enforcement officer employed by a sheriff's office or police department of a locality from enforcing the provisions of this chapter, including obtaining a warrant, or assisting in obtaining an indictment for a violation of § <a href='/vacode/18.2-472.1/'>18.2-472.1</a>. The local law-enforcement agency shall notify the State Police forthwith of such actions taken pursuant to this chapter or under the authority granted pursuant to this section.</p><p>C. The State Police shall physically verify or cause to be physically verified the registration information within 30 days of the initial registration and semiannually each year thereafter and within 30 days of a change of address of those persons who are not under the control of the Department of Corrections or community supervision as defined by § <a href='/vacode/53.1-1/'>53.1-1</a>, who are required to register pursuant to this chapter. Whenever it appears that a person has provided false registration information, the State Police shall promptly investigate and, if there is probable cause to believe that a violation has occurred, obtain a warrant or assist in obtaining an indictment charging a violation of § <a href='/vacode/18.2-472.1/'>18.2-472.1</a> in the jurisdiction in which the person last registered, reregistered, or verified his registration information. The State Police shall forward to the jurisdiction an affidavit signed by a custodian of the records that such person failed to comply with the provisions of this chapter. If such affidavit is admitted into evidence, it shall constitute prima facie evidence of the failure to comply with the provisions of this chapter in any trial or hearing for the violation of § <a href='/vacode/18.2-472.1/'>18.2-472.1</a>, provided that in a trial or hearing other than a preliminary hearing, the requirements of subsection G of § <a href='/vacode/18.2-472.1/'>18.2-472.1</a> have been satisfied and the accused has not objected to the admission of the affidavit pursuant to subsection H of § <a href='/vacode/18.2-472.1/'>18.2-472.1</a>. The State Police shall also promptly notify the local law-enforcement agency of the jurisdiction of the person's last known residence as shown in the records of the State Police.</p><p>D. The Department of Corrections or community supervision as defined by § <a href='/vacode/53.1-1/'>53.1-1</a> shall physically verify or cause to be physically verified by the State Police the registration information within 30 days of the original registration and semiannually each year thereafter and within 30 days of a change of address of all persons who are under the control of the Department of Corrections or community supervision, and those who are under supervision pursuant to § <a href='/vacode/37.2-919/'>37.2-919</a>, who are required to register pursuant to this chapter. The Department of Corrections or community supervision, upon request, shall provide the State Police the verification information, in an electronic format approved by the State Police, regarding persons under their control who are required to register pursuant to the chapter. Whenever it appears that a person has provided false registration information, the Department of Corrections or community supervision shall promptly notify the State Police, who shall investigate and, if there is probable cause to believe that a violation has occurred, obtain a warrant or assist in obtaining an indictment charging a violation of § <a href='/vacode/18.2-472.1/'>18.2-472.1</a> in the jurisdiction in which the person last registered, reregistered, or verified his registration information. The State Police shall forward to the jurisdiction an affidavit signed by a custodian of the records that such person failed to comply with the provisions of this chapter. If such affidavit is admitted into evidence, it shall constitute prima facie evidence of the failure to comply with the provisions of this chapter in any trial or hearing for the violation of § <a href='/vacode/18.2-472.1/'>18.2-472.1</a>, provided that in a trial or hearing other than a preliminary hearing, the requirements of subsection G of § <a href='/vacode/18.2-472.1/'>18.2-472.1</a> have been satisfied and the accused has not objected to the admission of the affidavit pursuant to subsection H of § <a href='/vacode/18.2-472.1/'>18.2-472.1</a>. The State Police shall also promptly notify the local law-enforcement agency of the jurisdiction of the person's last known residence as shown in the records of the State Police.</p><p>2003, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0584'>584</a>; 2005, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0603'>603</a>; 2006, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0857'>857</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0914'>914</a>; 2007, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0718'>718</a>; 2009, Sp. Sess. I, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?091+ful+CHAP0001'>1</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?091+ful+CHAP0004'>4</a>; 2010, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?101+ful+CHAP0858'>858</a>; 2015, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0081'>81</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0598'>598</a>; 2020, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0829'>829</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter9/section9.1-907/
|
VA:Title-9.1-Chapter-9
|
9
|
Sex Offender and Crimes Against Minors Registry Act
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-908
|
9.1-908
|
Duration of registration requirement
|
<p>Any person required to register, reregister, or verify his registration information shall be required to register until the duty to register, reregister, or verify his registration information is terminated by a court order as set forth in § <a href='/vacode/9.1-910/'>9.1-910</a>, except that any person who has been convicted of (i) any Tier III offense, (ii) murder or (iii) former § <a href='/vacode/18.2-67.2:1/'>18.2-67.2:1</a> shall have a continuing duty to reregister or verify his registration information for life.</p><p>Any period of confinement in a federal, state, or local correctional facility, hospital, or any other institution or facility during the otherwise applicable period shall toll the registration or verification period and the duty to reregister or verify his registration information shall be extended. Persons confined in a federal, state, or local correctional facility shall not be required to reregister or verify his registration information until released from custody. Persons civilly committed pursuant to Chapter 9 (§ <a href='/vacode/37.2-900/'>37.2-900</a> et seq.) of Title 37.2 shall not be required to reregister or verify his registration information until released from custody. Persons confined in a federal, state, or local correctional facility or civilly committed pursuant to Chapter 9 (§ <a href='/vacode/37.2-900/'>37.2-900</a> et seq.) of Title 37.2 shall notify the Registry within three days following any change of name.</p><p>2003, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0584'>584</a>; 2005, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0631'>631</a>; 2006, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0857'>857</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0914'>914</a>; 2007, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0718'>718</a>; 2008, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0877'>877</a>; 2010, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?101+ful+CHAP0858'>858</a>; 2014, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0677'>677</a>; 2020, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0829'>829</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter9/section9.1-908/
|
VA:Title-9.1-Chapter-9
|
9
|
Sex Offender and Crimes Against Minors Registry Act
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
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